Do all relatives of US citizens qualify for green cards?
What Is a Green Card?
A green card is a document awarded to applicants by U.S. Customs and Immigration Services (USCIS) to provide permanent residency to an applicant. A green card is a stepping stone to U.S. citizenship. A common way for a person to obtain a green card is through a relative who is already a U.S. citizen. There are criteria to meet if you want to be sure that you qualify as a relative eligible for a green card in the United States. If you are unsure of whether or not you or your family member would qualify for a green card, contacting an immigration law firm such as Hurtubise Weber Law in San Francisco or San Jose, CA is a good way to get answers to your questions.
Family Member Categories
Under immigration law, there are two different categories of relatives.
The first category is “immediate relatives.” These include:
The spouse of a U.S. citizen
The unmarried son or daughter who is under the age of 21 of a U.S. citizen
The parent of a U.S. citizen at least 21 years old
The family preference category includes family members who are not considered “immediate relatives” under immigration law. Family members qualifying for the family preference category include:
The spouse or unmarried child under the age of 21 of a permanent resident
The unmarried adult child (age 21 and over) of a U.S. citizen
The unmarried adult child of a permanent resident
A married child of a U.S. citizen
A sibling of a U.S. citizen
Advantages of the “Immediate Relative” Category
The number of visas available to immediate relatives is not limited, so the immigration process for immediate relatives is faster, whereas members of the family preference category can have a wait time as long as 20 years in some cases. In addition, if you qualify as an immediate relative, you may also have the advantage of being exempt from certain bars to the adjustment of status process. Adjustment of status is possible for certain applicants who are those residing in the United States at the time of application. It allows them to remain in the United States while their application for a green card is being processed. In general, there are bars to the adjustment of status process that apply if an applicant has:
Engaged in unlawful employment in the U.S.
Failed to maintain lawful immigration status in the U.S. at any time
These bars generally do not apply to immediate relatives.
Contact Hurtubise Weber Law
For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.