If you are looking to become a permanent resident in the US by applying for Family-based Green card make sure you have read all the details about Green Card, the importance of having a Green card and different categories under which you can avail Green Card.
To make the understanding more simply I’m classifying this process in two broad categories: Family-Based Green Card & Employment-Based Green Card. I explain you step by step about all the necessities and procedures to apply for Green card.
- Family-Based Green Card
- List of people for whom you can file a Family-Based Green Card
- Documents Required for Family-Based Green Card Petition
- Family-based Green Card Process
- Step 1: US Relative Files for I-130 Petition
- Stage 2: Wait for Petition Approval
- Stage 3: Acquire an Immigrant Visa Number from Dept. of State
- Stage 4: Apply for Immigrant Visa in Home Country
- Stage 5: Get Social Security Number
Family-Based Green Card
If you are looking to become a permanent resident and avail your Green Card in the USA based on the fact that you have a relative who is a resident of the United States or a relative who is a lawful permanent resident, you have a couple of criteria to meet. A Permanent Resident can appeal for their relatives and kids, regardless of the age. They might be qualified for becoming a permanent resident in the US through you without filing separate petitions
List of people for whom you can file a Family-Based Green Card
Before applying a family-based Green Card Petition it’s essential to have an idea of a category of people for whom you can apply for. To make it more clear I will divide the list of people in two broad categories:-
- Unmarried children under 21 (IR-2)
- Orphan adopted abroad (IR-3)
- Orphan to be embraced (IR-4)
- A parent who is at least 21 (IR-5)
Keep in mind, that you should have the option to show with confirmation your connection between the individuals you are petitioning for. This can incorporate birth or marriage certificate or any documentation of adoption or intent of adoption.
If you are a U.S. resident living abroad, you may file an immigrant visa appeal at a U.S. Embassy or consulate expecting you have been living there for 6 months and have permission from the host country to reside there. It’s ideal to counsel a family green card legal advisor to get familiar with this alternative.
- The unmarried child beyond 21 years old of U.S. residents (F1)
- The kid under 21, spouse, and unmarried child more than 21 of permanent residents (F-2) There are two subcategories for this, the F-2A and the F-2B.
- The F-2A is for the unmarried kids under 21 and the spouse of permanent residents(green cardholders). The F-2B is for the children who are more than 21 of green cardholders
- The married kid of U.S. residents as well as their spouse and any child they may have. (F-3)
- The siblings(brothers and sisters) of U.S. Residents (F-4)
- Additional Categories for Family Based Green Card
- A battered child or spouse of a U.S. resident (VAWA)
- The individuals who entered the U.S. with a K visa as the fiance(e) of a U.S. resident (on K1 visa) or along with child (on K2 visa)
- V nonimmigrant status holder
- Widow(er) of a U.S. resident or permanent resident
- One born to a foreign diplomat in the U.S.
Documents Required for Family-Based Green Card Petition
Both the sponsor as well as the foreign national petitioner need to contribute towards satisfying the prerequisites of the green card request.
Right from Form I-130, proof of legal status, and verification of relationship for the sponsor, to Affidavit of sponsor and evidence of relationship with the sponsor for the petitioner. For the fee structure and photo requirements for a family-based green card, you need to finish the whole document checklist to make for a solid petition.
Family-based Green Card Process
Step 1: US Relative Files for I-130 Petition
The initial step under Family-based Green Card Process is for the relative who is a US resident is to document the I-130 Petition for Alien Relative and the USCIS must favour the immigrant visa request. This petition is recorded by the family member (sponsor) and should be joined by evidence of relationship to the mentioning relative (candidate), and Other Documents. This request is to be recorded by the US Citizen sponsor in the United States at the United States Citizenship and Immigration Services (USCIS).
In case your relative is as of now in the United States with legal status, at that point you have the alternative of petitioning for adjustment of status to the permanent resident while you are petitioning for the I-130 Petition.
You have to use Form I-485, Application to Register Permanent Residence or to Adjust Status
Stage 2: Wait for Petition Approval
Once USCIS gets the finished petition, it will mail you a receipt called I-797C, Notice of Action. Utilizing the receipt number in it, you can track the application status online
In case USCIS needs any extra data, it will mail you a letter called RFE (Request for Further Evidence) requesting it. Adhere to the directions in the letter and give the appropriate data. You petition won’t be approved to process until all the data is received by USCIS.
Stage 3: Acquire an Immigrant Visa Number from Dept. of State
When the appeal is approved you relative would now be able to make a meeting with the closest US department in their home country for an immigrant visa interview and application. An immigrant visa can be valid for 6 months from date of issue.
There’s a somewhat unique procedure for visa procurement for close family members (spouse, wife, parent or unmarried minor offspring of a United States resident) versus non-close family members.
For Immediate Family Members (spouse, wife, mother, father, unmarried minor kid)
They don’t need to wait for a visa number because close family members are not dependent upon the immigrant visa limit. Once the petition is made for close family members a visa number will be given to them immediately.
Make an immigrant via an interview with the closest US Consulate in your home country.
There are a couple of prerequisites before the interview, such as getting a clinical test and getting certain vaccinations. If it’s advised to check the US office in your country for the prerequisites.
In case you’re as of now in the United States lawfully: You would now be able to apply for an adjustment of status to permanent resident.
For Non-Immediate Relatives
The Department of State must decide whether an immigrant visa number is quickly accessible to the foreign citizen applying for permanent resident (regardless of whether you are as of now in the United States). At the point when an immigrant visa number turns out to be quickly accessible to you, it implies that you can apply to have one of the immigrant visa numbers assigned out to you. You can check the status of a visa number in the Department of State’s Visa Bulletin.
The visas are prepared on the condition that the petitions have been appropriately documented and acknowledged by the USCIS. To be considered appropriately recorded, a request must be finished and marked, and the fees must be paid and with necessary documents.
Stage 4: Apply for Immigrant Visa in Home Country
(i)If the candidate is applying out of the United States
If you are outside the United States when an immigrant visa number is given to you, you should then go to the U.S. department in the area where you live to finish your procedure.
- Get your visa number from Department of State
- Make an immigrant visa interview at the closest US department in your nation of origin
- Complete the necessities for an immigrant visa, for example, clinical, fingerprinting, and so forth. Discover progressively about the necessities for the visa.
- Get your visa stamped and purchase your ticket to the United States.
Sit tight for your green card??
Note: You needn’t bother about work visa once you have a green card.
Apply for Social Security Number.
(ii)If the Applicant is Already in the United States Legally
In case you are now in the United States, you may apply to change your status to permanent resident after an immigrant number is given to you at your nearest USCIS office. Utilize the Form I-485 to enlist as a permanent resident and to change your PR status and to get your green card.
Stage 5: Get Social Security Number
Your relative can apply for a Social Security Number card once they’re in the United States. There are various advantages of having a Social Security number card the sooner the better.