1. What is a green card?
A green card is an official document issued by the United States government that grants a foreign national permanent resident status in the United States. It also serves as proof of the holder’s authorization to live and work in the United States.
2. Who is eligible to apply for a green card for a family member of a U.S. citizen?
To be eligible for a green card through a family member of a U.S. citizen, the foreign-born individual must meet certain qualifications, such as being related to the sponsor (the U.S. citizen), having no criminal convictions, and being admissible to the United States. The exact criteria for eligibility depends on the relationship between the sponsor and the foreign-born relative seeking a green card. Eligible family members of a U.S. citizen can include spouses, children, parents, siblings, and other qualifying family members.
3. How long does it take to process a green card application?
It usually takes several months to several years for a green card application to be processed, depending on the individual’s specific case. As of June 2020, it generally takes up to 7.5 months for an application to be processed.
4. Does the green card application process require an interview?
Yes, the green card application process requires an interview. The applicant must attend an in-person interview with a U.S. Citizenship and Immigration Services (USCIS) officer to complete the application process. During the interview, the officer will ask questions about the applicant’s background and documents that were submitted with the application. The officer will also determine whether the applicant is eligible for a green card.
5. What is the difference between an immigrant visa and a green card?
An immigrant visa is a document issued by a U.S. consular officer abroad that allows a foreign citizen to travel to the United States and apply for admission as an immigrant. A green card, formally known as a permanent resident card, is a document issued by the United States Citizenship and Immigration Services (USCIS) that gives a person permanent residence in the United States. The immigrant visa allows the holder to legally enter and reside in the U.S., while the green card grants them full legal status as a permanent resident.
6. How can I determine if I qualify for a family-based green card?
The best way to determine if you qualify for a family-based green card is to contact an immigration attorney or a U.S. Citizenship and Immigration Services office. Generally speaking, you can qualify for a family-based green card if you have a U.S. citizen or lawful permanent resident parent, spouse, or child who is willing to sponsor you. Depending on your specific situation, you may have to submit additional forms and evidence in order to establish your eligibility.
7. What documents are required to apply for a family-based green card?
In order to apply for a family-based green card, you will need to submit the following documents:
* Form I-130 (Petition for Alien Relative)
* Copy of your birth certificate
* Copy of your passport or other government-issued photo identification
* Proof of U.S. citizenship or permanent residency of your relative sponsoring you
* Evidence that any previous marriages have been legally terminated (if applicable)
* Proof of a valid relationship with your relative
* Financial documents demonstrating your relative’s ability to support you as a sponsored immigrant (if applicable)
* Form I-485 (Application to Register Permanent Residence or Adjust Status)
* Form I-864 (Affidavit of Support)
* Applications for Work Authorization and Travel Permit (Forms I-765 and I-131, respectively)
* Any additional forms and documentation required in your particular case.
8. How does one establish a family relationship for purposes of obtaining a family-based green card?
To establish a family relationship for the purpose of obtaining a family-based green card, the petitioner must provide evidence that he/she is related to the foreign national he/she is sponsoring. This typically requires providing birth certificates, marriage certificates, or other legal documents that prove the existing family relationship. It is also important to provide evidence of legal status for both the petitioner and the foreign national.
9. Can I sponsor multiple family members for immigration to the U.S.?
Yes, you can sponsor multiple family members for immigration to the U.S. This can be done through a process called chain migration, which allows U.S. citizens or lawful permanent residents to sponsor their immediate relatives (spouse, children, parents, and siblings) for green cards. If one of these family members is approved for a green card and obtains lawful permanent residency, they can then turn around and sponsor other family members for immigration. This chain of sponsorship can continue until all family members have been sponsored for green cards.
10. Does my relative require a medical examination as part of the application process?
Yes, depending on the country issuing the visa and the type of visa applied for. Generally, for certain visa applications an applicant must complete a medical examination. More specific information can be found on the website of the government office or embassy that will be processing the application.
11. How much does it cost to apply for a family-based green card?
The cost to apply for a family-based green card is $535, which includes the I-130 Petition fee, biometric service fees, and any applicable surcharges. Additionally, if applying for an Employment Authorization Document (EAD), an Advance Parole (AP) document, or a Travel Document (TD), there will be additional fees.
12. Can family members of U.S. citizens living outside the U.S. apply for a green card?
Yes, family members of U.S. citizens living outside the U.S. can apply for a green card. In order to do so, the U.S. citizen must file an immigrant petition on behalf of the family member, typically form I-130 for immediate relatives and form I-140 for family preference applicants. Depending on the family member’s home country and other eligibility requirements, the family member may be able to apply for their green card through a U.S. embassy or consulate abroad or through adjustment of status after traveling to the U.S.
13. How can I find out more about my immediate relatives’ eligibility for a family-based green card?
To determine if your immediate relatives are eligible for a family-based green card, you will need to consult with an experienced immigration attorney. They will be able to advise you on the eligibility requirements and provide guidance on how to proceed with the application process.
14. Can I apply for an immigrant visa or green card if I have committed certain criminal offenses in the past?
It depends on the type of criminal offense you have committed. Certain criminal convictions can render you inadmissible for a visa or green card. If you have been convicted of a violent crime, you may be barred from obtaining a visa or green card. However, if your conviction is for a relatively minor offense and it is non-violent, you may still be eligible to apply for an immigrant visa or green card. It is best to consult with an experienced immigration attorney if you have any questions about your ability to apply for a visa or green card due to criminal convictions.
15. How long is a green card valid for once it is approved?
A green card is valid for 10 years, after which it must be renewed.
16. What are the risks of filing an incomplete or inaccurate application for a green card?
The risks of filing an incomplete or inaccurate application for a green card include delays in processing, denial of the application, or even deportation depending on the nature of the inaccuracies. Additionally, if the applicant is found to have provided false information intentionally, they may be subject to fines and/or criminal prosecution.
17. What are the benefits of obtaining permanent residence status through a family-based green card visa?
The benefits of obtaining permanent residence status through a family-based green card visa are:
1. Access to employment opportunities in the US, and the ability to work legally without fear of deportation
2. Access to financial aid for higher education and job training
3. The ability to travel in and out of the US freely
4. Ability to access public benefits such as Medicaid, Social Security, and other government benefits
5. Ability to apply for US citizenship after five years
18. Can I work in the United States with a family-based green card?
Yes, you can work in the United States with a family-based green card. However, there are certain restrictions on who can work and what type of jobs they can hold. Individuals with family-based green cards must be able to demonstrate that they have the right to work in the United States, usually by providing documents such as a Social Security number or an Employment Authorization Document (EAD). In addition, employers may be required to obtain a Labor Condition Application from the US Department of Labor before hiring any foreign employees.
19. How can I renew my family-based green card and maintain my permanent residence status?
You must file Form I-90, Application to Replace Permanent Resident Card, to renew your current green card. You can find the form and instructions on the U.S. Citizenship and Immigration Services website. You will need to provide proof of your lawful permanent residence including copies of your current green card, passport, and other documents. You must also pay the filing fee. Once your Form I-90 is approved, you will receive a new green card that is valid for 10 years.
20. Is there an appeals process if my application for a family-based green card is denied?
Yes, there is an appeals process for family-based green card applications. If you receive a denial for a family-based green card, you can file an appeal with the Board of Immigration Appeals (BIA). The BIA will review the decision and may overturn the denial if it finds that the denial was based on an incorrect application of the law.