Keeping your family together through the immigration process

A foreign national hoping to achieve permanent residency in the United States can apply for a green card. Every green card application has its own set of caveats, but it will open many opportunities for you and your family.

One of the more common ways you can apply for a green card is through family-based sponsorship. The petitioning relative must be at least 21 years old and in one of these three categories: a U.S. citizen, a lawful permanent resident (LPR), or a refugee who was granted asylum at least a year ago through the United States Citizenship and Immigration Services (USCIS).

Family-based immigration visas

Once the USCIS approves your relative’s petition, you may then apply for an adjustment of status. From a green card holder with a conditional residency status, you can become a lawful permanent resident. This is only possible if you are already in the United States.

A U.S. citizen can file a petition for the following individuals in their life:

• Their husband, wife or same-sex spouse
• Their unmarried children
• Their unmarried stepchildren, provided the U.S. citizen married the parent of the children before they turned 18 years of age
• Their parents
• Their stepparents, provided the parent of the U.S. citizen married the stepparent before the U.S. citizen turned 18 years old
• Their siblings and the minor children of the siblings
• Their spouse’s children under 21 years of age

A lawful permanent resident (LPR) may only file a petition for the following family members:

• Their husband, wife or same-sex spouse
• Their unmarried children
• Their unmarried stepchildren, provided the LPR married the parent of the children before they turned 18 years of age

Any person with asylum status can only petition their spouse and unmarried children. The USCIS will give a priority date the moment a U.S. citizen, LPR or refugee files the petition. Immigrant visas are only unlimited for immediate family members of U.S. citizens. Any nonimmediate family members or family members of LPRs and refugees must wait for an immigrant visa to become available.

Petitions are not promises

A petition for an immigrant visa does not mean the USCIS will automatically grant an immigration visa. There may be compliance and documentation issues that may delay or impede immediate approval. You have a full grasp of immigration procedures before applying. This is your chance to keep your family together; make sure you do it right.