The legal team at The Law Offices of Veronica Garza, PLLC

Green Card For Family Members Of U.S. Citizens And Lawful Permanent Residents

If you are a United States citizen or lawful permanent resident with a family member who does not have lawful status, you may be able to help your family member obtain lawful permanent resident status. United States citizens can file a family petition, or Form I-130, for their spouse, children, parents and siblings. Lawful permanent residents can petition for their spouse and unmarried children under 21 years old.

However, contrary to common belief, the acceptance and even approval of a family petition is not an indication that lawful permanent residence status will be granted. In some cases there will be certain immigration violations that can only be overcome by applying for a waiver. If not prepared correctly, the waiver stage can be expensive and lead to unnecessary delays. Whether someone qualifies for lawful permanent resident status and how one qualifies is a legal determination best made by a knowledgeable immigration attorney.

As your immigration lawyer, we will screen you and explain your options and guide you through every step of your case.

Eligibility Criteria For Family-Based Green Cards

U.S. immigration law divides family members into two main groups: immediate relatives and those in the family preference category. Immediate relatives include people like spouses, children under 21 who are unmarried, and those who are parents of U.S. citizens. These individuals enjoy high priority because the government does not have an annual limit for these visas.
In contrast, the family preference category applies to other specific relationships. These categories often face annual limits and longer wait times. They include:
  • Children of U.S. citizens who are over 21
  • Green card holders’ spouses and minor children
  • Married children of U.S. citizens
  • Siblings of U.S. citizens
Your specific relationship to the petitioner determines how quickly you can move forward with your application.

Process Overview

You generally begin the journey by filing a petition with the government. This form proves your valid family relationship. After approval, you must wait for a visa number to become available if you fall under a preference category.
Next, you will either apply for a status change within the U.S. or visit a consulate abroad. You must attend an interview and pass a medical exam. While timelines vary, immediate relatives often finish in 12 to 18 months. Preference categories might wait several years due to backlogs.
The government updates these wait times monthly in the Visa Bulletin.

Specialized And Nonimmigrant Family Pathways

Sometimes, you may need a different path before you apply for permanent residency. Temporary visas allow you to enter the country for specific reasons. These options can act as a bridge to your future Green Card.
  • Fiancé visas (K-1): This allows you to enter the U.S. to marry your citizen petitioner within 90 days
  • Employment visas: You might qualify for work permits like the H-1B if you have a job offer
  • Student visas: These allow you to study at approved schools while you reside here
  • U visas: This path helps victims of certain crimes who assist law enforcement
Each of these nonimmigrant options requires its own set of evidence and fees. Consequently, you should review all requirements carefully to ensure you maintain your legal status.

We Are Not Afraid Of A Difficult Case – Call Today

If you are looking for an immigration attorney to help you with your green card application or any other immigration matter, please do not hesitate to contact us. We offer compassionate, personalized service and will work hard to help you achieve your immigration goals. Call us today at 817-857-4195 or send us an email to schedule a consultation. We are here to help you build your future in the United States.