Are You Looking to Apply for a Green Card? Call Us Today to Help You With the Legal Process

The United States offers green cards for those who have loved ones who are U.S. citizens. Part of the application process is to be handled by the U.S. citizen, also referred to formally as a sponsor. Other parts need to be handled by the immigrant applying for their green card.

What Is A Family Or Marriage-Based Green Card?

A marriage-based green card is a type of immigrant visa that is offered to spouses of current U.S. citizens and permanent residents. This type of immigrant visa is commonly referred to as a spousal visa. It’s vital that your marriage is officially valid and honored in the region or country that your marriage took place. In most cases, an official marriage certificate is enough evidence to apply for a marriage-based green card. If you’ve had prior marriages, you’ll need official divorce, death, or annulment documents to proceed with your visa application.

A family-based green card falls into the same category as a spousal visa. This allows the immediate family of U.S. citizens or permanent residents to become lawful permanent residents of the United States. The following are considered immediate family members who can petition for a family-based green card:

• Unmarried Children Under 21 Years Old
• Parents Of A Citizen Or Permanent Resident That Is At Least 21 Years Old

In some cases, an immediate relative may already be living in the United States. If this is the case and they want to apply for permanent resident status, they may do so with Form I-485. This is known as an adjustment of status. Form I-485 is known formally as the Application To Register Permanent Residence Or Adjust Status. The process for an immigrant applying who currently resides in the United States is different from an immigrant living in another country.

Step One: Visa Petition

The first step in applying for a family or marriage-based green card is having the U.S. citizen or sponsor file a visa petition. This can be done with the help of an experienced Los Angeles marriage-based green card lawyer. The visa petition holds a dual purpose of advising the U.S. Citizenship and Immigration Services (USCIS) that you want to sponsor an immigrant and to reveal that a family relationship exists.

Your attorney can provide you with USCIS Form I-130, known informally as a visa petition. This needs to be submitted to the USCIS alongside payment for the application fee and supporting documents. Supporting documents typically include a marriage certificate, birth certificate, or other proof of U.S. citizenship.

There are some select cases where the immigrant can self-petition a green card by filing Form I-360. This is usually done in a case where a widow or abused spouse of a U.S. citizen wants to apply for a green card. Also, a child of an existing U.S. citizen may self-petition for a green card with this form.

Step Two: Petition Approval

The approval process for a family or marriage-based green card can take months or years. Having an experienced attorney by your side can help to speed up the approval process. USCIS will evaluate the application and give approval or denial. In cases of denial, you can typically be alerted of any problems with your application and simply remedy them to get approval.

Once approved, your case file will be forwarded to the National Visa Center (NVC). What happens next highly depends on your relationship status to the U.S. citizen. When you’re considered an immediate relative of the citizen, the NVC will quickly send the citizen additional paperwork called Form I-864. This is known formally as the Affidavit Of Support. The case will be passed onto the U.S. consulate in your home country for further approval. Non-immediate relative cases take much longer.

Step Three: Non-Immediate Relative Requests

Non-immediate relatives enlisting the help of a green card attorney are referred to as preference relatives. These are people like spouses and children of existing green card holders and siblings or children of U.S. citizens that are married. Since the U.S. Government has set restrictions on the number of immigrants of preference status that may be given green cards, it can take multiple years for these individuals to get approval.

Step Four: Immigrant Application

Your attorney will instruct you to fill out an application for permanent residence once your sponsor’s visa petition is formally approved. You can submit this application to your country’s U.S. consulate. From this point, the NVC and the U.S. consulate in your country will work together to provide you with the necessary forms you’ll need to fill out.

Any lawyer will tell you to expect a lot of documents and to schedule a medical exam. All visa approval requires that you undergo a medical examination. You’ll also need to participate in an interview. This interview is usually performed in-person at your country’s U.S. consulate. It’s a good idea to have your attorney present at this interview.

Step Five: Entering The Country

Once you get the legal immigration help that you needed to complete the application and approval process, you’ll be granted access to the United States. After speaking with your U.S. consulate, you’ll be awarded an immigrant visa. This will be your official pass across the border. Once you enter the United States, a green card will be sent to your local address weeks later.

Those already in the United States can hire an attorney to petition a family member in Los Angeles. When applying for permanent resident status while in the U.S., you’ll have a better chance of quick approval. Most immigrants will receive approval after their interview. Just like those coming from outside the country, you can expect your green card in the mail a few weeks after your interview.

Contact our immigration lawyer in Los Angeles today.