WHAT IS A FAMILY-BASED GREEN CARD?

GREEN CARD TYPES

A green card gives the cardholder the ability to legally live and work anywhere in the United States as a permanent resident. There are several different types of green cards that are available. While they all offer the same benefits to a green card holder, they are all obtained for different reasons. The different types of green cards that are available include:

• Family-Based Green Cards
• Employment-Based Green Cards
• Diversity Lottery Green Cards
• Humanitarian Green Cards
• Longtime-Resident Green Cards
• Special Green Cards

Family-based and employment-based green cards are just as their titles describe; they are green cards based on family ties or due to employment. The diversity lottery is literally a lottery that green card hopefuls can enter and up to 50,000 people are selected yearly for green cards through a random draw. Humanitarian green cards are reserved for crime victims, human-trafficking victims, refugees, and those seeking asylum. Longtime-resident green cards are reserved for those who have physically lived in the United States (legally or illegally) since January 1, 1972. Most green cards that are awarded by the U.S. government are for family-based reasons. 

WHO IS ELIGIBLE FOR A FAMILY-BASED GREEN CARD?

If you are a close or immediate relative of a U.S. citizen or green card holder, then you might be eligible for a family-based green card. There are two main categories for family-based green cards, family preference green cards, and immediate relative green cards. 

1. GREEN CARD FOR FAMILY PREFERENCE APPLICANTS

Family preference applicants include unmarried and married sons or daughters 21 years of age and older, brothers and sisters, spouses of lawful permanent residents. The relation of a green card applicant to his or her citizen or permanent resident relative will determine the priority of their application. Different classifications of family members are assigned preference levels to determine who is awarded a green card. 

2. GREEN CARD FOR IMMEDIATE RELATIVES OF A U.S. CITIZEN

Immediate relatives of a U.S. citizen can obtain a green card after they are deemed eligible. Immediate family members include spouses, unmarried children under 21 years of age, and parents. Widows and widowers can also apply for a green card if they were married to a U.S. citizen at the time of their spouse’s death.

The person sponsoring a green card must either be a U.S. citizen or a green card holder themselves. It is important to determine what the green card applicant’s relation is to the sponsoring family member to determine preference level according to USCIS. 

FAMILY PREFERENCE GREEN CARD CATEGORIES

If the person applying for a green card is not an immediate relative, then he or she can apply as a family preference applicant. USCIS lists different preference categories of family members to determine which categories get priority. The family preference immigrant categories are as follows:

• First preference (F1) – sons and daughters of U.S. citizens that are 21 years of age or older and are unmarried;
• Second preference (F2A) – spouses of lawful permanent residents and children of lawful permanent residents under the age of 21;
• Second preference (F2B) – sons and daughters of lawful permanent residents that are 21 years of age or older and are unmarried;
• Third preference (F3) – sons and daughters of U.S. citizens that are married; and
• Fourth preference (F4) – brothers and sisters of U.S. citizens. The U.S. citizen must be 21 years of age or older.

Family preference applicants must come from one of the categories listed above. If an applicant is otherwise eligible, then he or she can apply for a family-based green card. 

HOW DOES AN ELIGIBLE FAMILY MEMBER GET A FAMILY-BASED GREEN CARD?

After determining eligibility, an eligible family member must submit a family-based green card request. the green card application will require specific forms such as a Petition for Alien Relative (Form I-130), a medical report and vaccination record (Form I-693), and other documents and records. Any documents that are submitted must also be translated into English if they are not already in English. If the family member seeking a family-based green card is presently in the United States, then he or she will need to file for an Application to Adjust Status (I-485). Some cases may need further information regarding criminal history or waivers depending on the applicant’s eligibility status. If you have questions about your eligibility to receive a family-based green card, then make sure to give us a call at You Are Home so we can help! 

DISCONTINUATION OF THE PUBLIC CHARGE RULE

The public charge rule is based on the idea that the U.S. government can deny anyone a visa that is “likely to become a public charge.” Under President Trump, this meant that those who are lower-income and might be likely to be dependent on government benefits in the future can be denied. This required filing a Declaration of Self-Sufficiency (Form I-944) and a Public Charge Questionnaire (DS-5540) when applying for a green card. Under President Biden, these requirements are no longer in effect. New green card applicants are no longer required to file these forms and active green card applicants who submitted these forms while President Trump was in office will have them removed from their applications and the forms will not be considered. 

WHY CHOOSE YOU ARE HOME TO HELP YOU GET YOUR FAMILY-BASED GREEN CARD?

You Are Home is a team of immigration lawyers whose mission is to help you obtain your green card while answering your questions and concerns along the way. Our main goal at You Are Home is to make your green card process as simple and pain-free as possible. As a You Are Home client, you will be paired with an experienced immigration attorney who will help you identify any potential issues with your case, while also helping guide you through each step together as a team in order to help you best achieve success. Our immigration attorneys are experienced not only in helping people file immigration paperwork and prepare for their green card interviews; they have also successfully defended clients facing detention and deportation in immigration court. When you have You Are Home on your side, you will be prepared for whatever legal obstacles that could appear in the way of obtaining your green card.

SCHEDULE A CONSULTATION WITH YOU ARE HOME TODAY!

You Are Home is proud to offer consultations with our immigration attorneys via phone or videoconference via Zoom. If you would like to schedule a consultation with one of our experienced immigration attorneys to answer your questions and review your documents, you may do so here. If you decide to hire You Are Home to help you further with your naturalization case or any other immigration legal service that we offer, then we will credit your consultation fee towards the cost of those services. Don’t go it alone, let the experienced attorneys at You Are Home help you officially make the United States your (new) home country.