How To Obtain A Family-Based Green Card?
A family-based green card is a legal document that grants foreign nationals the authorization to live and work permanently in the USA This privilege is for individuals who have family members who are US citizens or lawful permanent residents (green card holders). However, obtaining a family-based green card is a complex process that involves several stages. In this blog post, we will guide you step by step through the entire process, from the initial application to the moment you receive your green card.
Understanding the Family-Based Green Card
The USCIS (United States Citizenship and Immigration Services) together with their corporate immigration partners, classifies eligible family members into two categories:
1. Immediate Relatives:
This includes spouses, unwedded children under the age of 21, and fathers and mothers of US citizens (the sponsoring US citizen should be at least 21 years old).
2. Preference Categories:
This includes other relatives of US citizens and lawful permanent residents. The categories include unmarried offsprings of US citizens (above 21 years old), spouses and unmarried children (under the age of 21) of individuals with green cards, unmarried offsprings (21 years or above) of individuals with green cards, married daughters and sons of US citizens, and siblings of US citizens.
Initiating the Process: Filing the Petition
The first step towards obtaining a family-based green card is having your US-based family member file Form I-130, Petition for Alien Relative, on your behalf. This is essentially a formal request to the USCIS to recognize your relationship with your US-based family member. The form, along with the required documents that prove your familial relationship (such as marriage or birth certificates) and the filing fee, should be sent to the appropriate USCIS office. Once submitted, USCIS will send a receipt notice, and later, a decision notice.
Waiting for Visa Number Availability
After the I-130 form is approved, the next step depends on the applicant’s category. Immediate relatives of US citizens typically do not have to wait for a visa number as there are an unlimited number of visas for this category. However, for the preference categories, there is an annual limit on the number of visas that can be issued. These applicants need to wait until a visa becomes available in their category, which is determined by the ‘priority date’ (the date USCIS received the I-130 petition). The visa bulletin issued by the Department of State can help applicants keep track of their place in line.
Applying for the Green Card
Once the visa number is available, the beneficiary can apply for the green card. If they are residing within the USA, they can adjust their status by filing Form I-485, Application to Register Permanent Residence, or Adjust Status. If they live abroad, they will undergo consular processing, which involves an interview at a US Embassy or Consulate in their home country.
Medical Examination and Biometrics Appointment
As part of the application process, the beneficiary is required to undergo a medical examination by a USCIS-approved physician. They will also need to attend a biometrics appointment where fingerprints, photos, and signatures will be collected for background checks.
Attending the Green Card Interview
Upon completion of the above steps, the applicant will be scheduled for an interview with a USCIS officer or, in the case of consular processing, a consular officer. The officer will verify the information provided in the application and assess the applicant’s eligibility for a green card. It is important to answer all questions honestly and to bring along all required original documents.
Receiving the Green Card
After the interview, the applicant will receive a decision on their case. If approved, the applicant who went through the adjustment of status will receive their green card via mail. Those who went through consular processing, they will receive a visa in their passport, and the actual green card will be mailed to them once they arrive in the USA.
Timeline
The timeline for obtaining a family-based green card can vary significantly depending on several factors, such as the category of family relationship, the country of origin of the applicant, and the current workload of the USCIS. It can range from a few months to several years.
Conclusion
Remember that the process of obtaining a family-based green card is often lengthy and can sometimes be daunting. It is advisable to consult with an immigration attorney or expert to ensure accuracy in the application process and to keep up with any changes in immigration laws and procedures. Patience, diligence, and accuracy are your allies on this journey to permanent residency in the USA.
