Family Based Green Card

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Overview

The most common way of obtaining lawful U.S. permanent residency is known as a “green card.” Family members of United States citizens and lawful permanent residents (LPRs) may obtain a “green card” in the United States. Depending on the facts of your case you may be able to file immediately for employment authorization document (EAD), also known as a “work permit.” A “work permit” authorizes lawful employment in the United States pending a decision on the green card application.

Immediate Relatives

Immediate Relatives of U.S. Citizens (IR): These types of immigrant visas do not have to wait in line for a visa to become current. They are based on a close family relationship with a U.S. citizen. Immediate relatives of U.S. Citizens (IR) are spouses, children, and parents. Additionally, a U.S. citizen can sponsor a child adopted or to be adopted from abroad, if that child meets the definition of orphan as provided for in immigration law.

Immediate Relative classifications are as follows:

• Spouse of a U.S. Citizen (IR-1)
• Unmarried Child Under 21 Years of Age of a U.S. Citizen (IR-2)
• Orphan adopted abroad by a U.S. Citizen (IR-3)
• Orphan to be adopted in the United States by a U.S. citizen (IR-4)
• Parent of a U.S. Citizen who is at least 21 years old (IR-5)

Non-Immediate Relative Classifications - Family Based Green Card Immigrants

These types of immigrant classifications involve family relationships that are more distant. They may include a relationship with a U.S. citizen and some may include relationships with a Lawful Permanent Resident. These family relationships are subject to a numerical limitation on family preference immigrants as demonstrated below:

• Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any. (23,400)

• Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.

• Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children. (23,400)

• Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age. (65,000)

Our Green Card Lawyers Can Help You

Our family based green card lawyers at Tapia & Valenzuela, LLP provide excellent service that is tailored to your case. We understand the complexities of every case and treat them with individual attention. We work with you to provide optimal results, that is a Green Card. Our family based green card lawyers have the knowledge and compassion that is required to complete a successful petition.