Green Card for an Immediate Relative of a U.S. Citizen

To promote family unity, immigration law allows U.S. citizens to petition for certain qualified relatives to come and live permanently in the United States. Eligible immediate relatives include the U.S. citizen’s:

·                 Spouse

·                 Unmarried child under the age of 21

·                 Parent (if the U.S. citizen is over the age of 21)

Immediate relatives have special immigration priority and do not have to wait in line for a visa number to become available for them to immigrate because there are an unlimited number of visas for their particular categories.

 

Get a Green Card While Inside the United States

One Step Process
Certain people are eligible to apply for a green card (permanent residence) while inside the United States. An immediate relative relationship allows you to apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident at the same time your U.S. citizen petitioner files Form I-130, Petition for Alien Relative.

Two Step Process
You still have the option to file your I-485 application any time after your petitioner files a Form I-130, for you, as long as it has not been denied. Generally, you will need to submit a copy of Form I-797, Notice of Action, with your Form I-485, that shows the Form I-130 petition is either pending or approved. 

·                 Step One – Your U.S. citizen immediate relative must file the Form I-130 for you and it must be either pending or approved. 

·                 Step Two – After you receive Form I-797, Notice of Action, showing that the Form I-130 has either been received by us or approved, then you may file Form I-485. When you file your I-485 application package, you must include a copy of the Form I-130 receipt or approval notice (the Form I-797).

 

Get a Green Card While Outside the United States

If you are currently outside the United States and are an immediate relative of a U.S. citizen, you can become a permanent resident through consular processing. Consular processing is when USCIS works with the Department of State to issue a visa on an approved Form I-130 petition when a visa is available. You may then travel on the visa and will officially become a permanent resident when admitted at a U.S. port of entry. The Department of State will notify you when you are eligible to apply for an immigrant visa.  If you do not apply for an immigrant visa within one year following notification from the Department of State, your petition may be terminated.

Things to keep in mind:

• Turning 21 years of age.When an immediate relative child of a U.S. citizen reaches the 21 years of age, he or she generally will become a “first preference” (F1) category son or daughter (over 21 years of age) of a U.S. citizen, and will no longer have a visa immediately available. This change may result in a significant delay in adjustment of status or visa processing because he or she will now need to wait for an immigrant visa to become available.
• Child Status Protection Act.In certain cases, the Child Status Protection Act (CSPA) may allow you to retain the classification of “child” even if you have reached age 21. Generally, your age is “frozen” as of the date your citizen parent files Form I-130 for you.
• Getting MarriedIf an immediate relative child under age 21 gets married, he or she can no longer be classified as an “immediate relative” and will become a “third preference” (F3) category married son or daughter of a U.S. citizen and a visa would no longer be immediately available. You must notify us of any change in your marital status after Form I-130 has been filed for you and prior to becoming a permanent resident or obtaining an immigrant visa.

Green Card - Legal Permanent Resident

Who is a Green Card Holder (Permanent Resident)?

A Green Card holder (permanent resident) is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a "Green Card." You can become a permanent resident several different ways. Most individuals are sponsored by a family member or employer in the United States. Other individuals may become permanent residents through refugee or asylee status or other humanitarian programs. In some cases, you may be eligible to file for yourself.

 Green Card Through Family

Many people get Green Cards (become permanent residents) through family members. You may be eligible to get a Green Card as:

• an immediate relative of a U.S. citizen, this includes spouses, unmarried children under the age of 21, and parents of U.S. citizen petitioners 21 or older
• a family member of a U.S. citizen fitting into a preference category, this includes unmarried sons or daughters over the age of 21, married children of any age, and brothers and sisters of U.S. citizen petitioners 21 or older
• a family member of a green card holder, this includes spouses and unmarried children of the sponsoring green card holder
• a member of a special category, this can include battered spouse or child (VAWA), a K nonimmigrant, a person born to a foreign diplomat in the United States, a V nonimmigrant or a widow(er) of a U.S. Citizen

Naturalization – Becoming a Citizen

Naturalization is the manner in which a person not born in the United States voluntarily becomes a U.S. citizen. Before you apply for naturalization, you must meet a few requirements. Depending on your situation, there are different requirements that may apply to you. General requirements for naturalization are below.

Eligibility Requirements

• Be at least 18 years old at the time of filing Form N-400, Application for Naturalization.
• Be a permanent resident (have a “green card”) for at least 5 years.
• Have lived within the state or USCIS district with jurisdiction over your place of residence for at least 3 months prior to the date of filing Form N-400.
• Have continuous residence in the United States as a lawful permanent resident for at least 5 years immediately preceding the date of filing Form N-400.
• Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing Form N-400.
• Be able to read, write, and speak basic English.
• Have a basic understanding of U.S. history and government (civics).
• Be a person of good moral character.
• Demonstrate an attachment to the principles and ideals of the U.S. Constitution.