At Sethi Law Group we understand the importance of family unity. Fortunately, so does U.S. Citizenship and Immigration Services; therefore, immigration law allows for U.S. Citizens to petition for certain qualifying relatives and family members to obtain a green card. A green card can be marriage based, family based, or fiancé based.
Marriage Based Green Card
Applying for a green card as the spouse of a U.S. Citizenship can be considered the common path traveled to legal permanent residence in the United States. You may qualify to apply for a marriage-based green card if you legally entered the United States.
Family Based Green Card
In some instances, qualifying family members may be eligible for a family-based green card. Those Foreign Nationals who believe they may be eligible for a family-based green card must be an immediate family member which is defined as a spouse, unmarried child under the age of 21, or a parent(s). There is no limit on the number of visas available for immediate family members as there is always a visa number available for this category. If you are not an immediate family member, there are still options available to you, but these options are a little more restrictive in nature.
Categories for Family Based Green Cards
There is a category which is referred to as the “Family Preference Category” which allows a U.S. Citizen to sponsor a family member even if the family member is not an immediate relative. If a Foreign National wishes to be eligible under the “Family Preference Category,” he or she must fall under one of the following:
Unmarried sons or daughters over the age of 21;
Married child(ren) of any age; or,
Brothers and sisters (if the U.S. Citizen Petitioner is over the age of 21)
*It is important to note that there is a waiting period before an immigrant visa number become available for those wishing to be sponsored under the family preference category because Congress has placed a cap on the number of relatives who may immigrate under this category.
Obtaining a Green Card While In the United States vs. Obtaining a Green Card While Outside of the United States
A Foreign National may be eligible to apply for a Green Card whether or not he or she is currently residing in the United States or outside of the United States in another country.
To learn more about your options and how to apply for a green card whether in the United States or outside of the U.S., please contact our office at (714) 921-5226 and schedule an appointment for a consultation with one of our knowledgeable attorneys. Our professional team of experienced attorneys can provide you with all of the details necessary to start this process and start it the right way!