Green Card Options for Certain Family Members of Lawful Permanent Residents

1. How can I obtain a green card for my spouse, child, or parent who is a lawful permanent resident?


In order to obtain a green card for your spouse, child, or parent who is a lawful permanent resident, you must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services. The form can be accessed and printed from the USCIS website. You must provide documentation to establish the relationship between you and the beneficiary (your relative) such as a marriage certificate or birth certificate. After submitting the form and supporting documents along with the filing fee, USCIS will review your application and schedule an interview with you and the beneficiary. Once approved, your relative will receive their green card in the mail.

2. Is my spouse eligible for a green card if they are a permanent resident of another country?


No, your spouse is not eligible for a green card if they are a permanent resident of another country. To be eligible for a green card, your spouse must be a citizen or national of the United States or have already obtained permanent residence status in the United States.

3. What is the process for obtaining a green card for my spouse or child who is a permanent resident of another country?


The process for obtaining a green card for your spouse or child who is a permanent resident of another country is called family-based immigration. The process involves filing an I-130 petition for the relative, followed by the filing of an I-485 adjustment of status application. The I-130 petition is a request from a U.S. citizen or permanent resident to the U.S. Citizenship and Immigration Services (USCIS) to classify the foreign relative as an immediate relative. Once this petition is approved, you may then file the I-485 application, which is the application for adjustment of status. This application will allow your relative to apply for a permanent residence in the United States. After the I-485 application is approved, your relative will then receive a green card.

4. How long does it take to get a green card for my relative who is a lawful permanent resident?


The amount of time required for a relative of a lawful permanent resident to obtain a green card can vary greatly. The exact timeline will depend on a variety of factors, including the type of visa that the relative is applying for, the country they are from, and their relationship to the lawful permanent resident. Generally, family-based visas can take anywhere from 6 months to several years to process.

5. Are there any special requirements for spouses of lawful permanent resident to obtain a green card?


Yes, there are special requirements for spouses of lawful permanent residents to obtain a green card. To qualify for a green card as a spouse of a lawful permanent resident, the applicant must be legally married to the U.S. citizen or lawful permanent resident, and must not have any criminal history or be considered inadmissible to the U.S. on certain grounds (such as health-related, public charge, or security-related concerns). The spouse of the U.S. citizen or permanent resident must also meet other conditions, including being able to prove they have maintained valid immigration status while in the U.S. and that they can support themselves financially.

6. Is it possible to get an expedited green card process for certain family members of lawful permanent residents?


Yes, it is possible to expedite the green card process for family members of lawful permanent residents. The US Department of State and US Citizenship and Immigration Services (USCIS) offer a variety of expedited processing options for certain family members of lawful permanent residents. These options can include an expedited adjustment of status, a provisional waiver of inadmissibility, or a direct consular filing.

7. Can I petition for a green card on behalf of my parent who is a lawful permanent resident?


No, you cannot petition for a green card on behalf of your parent who is a lawful permanent resident. In order for your parent to apply for a green card, they must file an I-485 application to adjust their status.

8. What documents are required to apply for a green card on behalf of my family member who is a lawful permanent resident?


The documents required to apply for a green card on behalf of a family member who is a lawful permanent resident include the following:

1. Form I-130, Petition for Alien Relative.
2. Proof of U.S. citizenship or lawful permanent residency status, such as a birth certificate, passport, or green card (Form I-551) for the petitioner.
3. Proof of relationship between the petitioner and the family member applying for a green card, such as a marriage certificate or birth certificate.
4. A photocopy of the family member’s current U.S. visa or Form I-94 (Arrival/Departure Record).
5. A copy of any court orders establishing the family relationship, if applicable.
6. Evidence of financial support, such as tax returns and bank statements.
7. Evidence of the family member’s good moral character and lack of criminal record, such as police clearance certificates and documents from employers or other organizations attesting to the person’s good character.
8. A completed Form G-325A, Biographic Information Sheet, for each applicant.
9. Two passport-style photographs for each applicant taken within 30 days of filing the application.
10. A filled-out Form I-864, Affidavit of Support from the petitioner on behalf of their family member, and evidence of financial support, such as bank statements and tax returns from the petitioner and any other sponsors listed in the affidavit.

9. Are there any special benefits available to family members of lawful permanent residents with a green card?


Yes, family members of lawful permanent residents with a green card may be eligible for certain immigration benefits, such as being able to apply for the same immigration status as the principal applicant, and being able to apply for a work permit. Additionally, they may be eligible for certain public benefits such as healthcare coverage through Medicaid or the Children’s Health Insurance Program (CHIP).

10. Is there any financial assistance available to help pay for the costs associated with obtaining a green card?


The US Citizenship and Immigration Services (USCIS) does not provide any financial assistance to help with the costs associated with obtaining a green card. To help pay for the costs associated with obtaining a green card, applicants may be able to receive assistance from family or friends, apply for a loan, or look for other available grants or scholarships.

11. Is it possible to apply for an employment-based green card for certain family members of lawful permanent residents?


Yes. Under U.S. immigration law, certain family members of lawful permanent residents can be eligible for an employment-based green card. These include spouses, children under the age of 21, and parents of a lawful permanent resident who is 21 years of age or older.

12. Is there any age requirement for family members of lawful permanent residents applying for a green card?


Yes. The spouse, unmarried children under 21, and parents of a lawful permanent resident may be eligible to apply for a green card.

13. How often must I renew my relative’s green card if they are a lawful permanent resident?


Relative green cards must be renewed every 10 years.

14. Does having a criminal record disqualify me from applying for a green card on behalf of my relative who is a lawful permanent resident?


Yes, having a criminal record can disqualify you from applying for a green card on behalf of your relative who is a lawful permanent resident. Depending on the type of crime committed, you may be found inadmissible to the United States and ineligible to receive a green card.

15. How can I adjust my relative’s status from temporary to permanent if they are already in the U.S.?


If your relative is already in the U.S. with a temporary visa, they may need to adjust their status to a permanent one in order to remain in the country. Depending on the type of visa they currently have, they may be eligible to apply for permanent residence (green card) status through a family-based petition, employment-based petition, investment or other means. The process to adjust status can be complex and requires the filing of several forms and supporting documents with U.S. Citizenship and Immigration Services (USCIS). Your relative should consult an experienced immigration attorney for guidance on how to adjust their status and remain in the U.S. legally.

16. Is it possible to expedite the processing time of my family member’s green card application if they are already in the U.S.?


In some cases, it is possible to expedite the processing time of a family member’s green card application if they are already in the U.S. One option would be to file a Motion to Expedite with the U.S. Citizenship and Immigration Services (USCIS). However, such motions are only granted in extraordinary circumstances. Another possibility would be to request an expedited appointment at the nearest USCIS office, although this may not guarantee a faster processing time.

17. Can I apply for an immigrant visa for my family member who is not yet in the U.S. but is a lawful permanent resident?


Yes, you may be able to apply for an immigrant visa for a family member who is not yet in the U.S. but is a lawful permanent resident. Depending on the circumstances of the case, you may be required to file a Form I-130 (Petition for Alien Relative) and/or other forms as part of the application process.

18. What should I do if my application for a family member’s green card is denied?


If your application for a family member’s green card is denied, you should contact a qualified immigration attorney to review the case and determine the best course of action. Depending on the specific circumstances, there may be options to appeal the decision or file a new application.

19. Are there any special considerations that must be taken into account when applying for a green card on behalf of certain family members of lawful permanent residents?


Yes, there are a few special considerations that must be taken into account when applying for a green card on behalf of certain family members of lawful permanent residents. For example, the process can be more complicated for unmarried sons and daughters of lawful permanent residents, and there are limits on the number of visas available for these individuals. Additionally, certain relatives may be barred from eligibility due to criminal backgrounds or having participated in certain activities. It is important to research any special considerations that may be applicable to the individual for whom a green card is being applied for in order to ensure that the process runs smoothly.

20. What happens if I fail to meet the requirements necessary to maintain my relative’s green card status?


If you fail to meet the requirements necessary to maintain your relative’s green card status, they may face deportation and must undergo a removal proceeding. During the removal proceeding, they may be asked to demonstrate why they should not be deported from the United States.