Green Cards for Immediate Relatives and Family Preferences

If you have an immediate family member that is a U.S. citizen or permanent resident, they may be able to help you with the green card process. A Los Angeles family immigration lawyer can tell you that when applying for a green card, first priority is given to family members of U.S. citizens and of those who already hold green cards. 

This will prove helpful, as the green card application process is extremely competitive. Last year, the U.S. distributed 577,000 green cards, although millions applied. The stiff competition that comes along with the process makes it all the more helpful to hire a green card attorney Los Angeles immigrants can trust with their application.

If you are a U.S. green card holder or citizen, then you can petition to bring your family to the United States. Grey Immigration Law is an immigration lawyer in Los Angeles that can appoint you an attorney to petition a family member in Los Angeles.

Features of a Family-Based Green Card

Some key features of family-based green cards are the following:

• The applicant’s educational background and work experience do not make a difference to your green card eligibility. 
• The primary applicant’s spouse and unmarried children under the age of 21 may also be eligible for green cards, as derivative, accompanying relatives. 
• Keep in mind that your green card status can be taken away if you break the law.
• If you are a green card holder for five years (or three years if you are married to and still living with a U.S. citizen all that time), you can apply for U.S. citizenship.

Who Qualifies?

You and your attorney for family citizenship in Los Angeles have the best chances of getting approved for a green card if you are an immediate family member of a U.S. citizen or permanent resident or if you are a preference relative of a U.S. citizen or permanent resident. 

One of the best things about immediate relative immigrant visas is that there’s an unlimited amount given out each year, which expedites the process. Both forms required, Form I-130 and Form I-485 can be filed out concurrently. The following individuals would be classified as immediate family members:

• Spouses 
• Unmarried children under the age of 21 
• Stepchildren, if parents were married when the child was under 18
• Parents of U.S. citizens over the age of 21
• Widows that were married to U.S. citizens

Grandparents, cousins, aunts, and uncles are not considered immediate relatives. However, there is another category for family-based visas called “preference” family members. Other family members eligible to apply for a green card are described in the following family “preference immigrant” categories: 

• First preference (F1) – unmarried children of U.S. citizens that are over the age of 21 
• Second preference (F2A) – spouses and children (unmarried and under 21 years of age) of lawful permanent residents 
• Second preference (F2B) – unmarried sons and daughters (21 years of age and older) of lawful permanent residents 
• Third preference (F3) – married children of U.S. citizens 
• Fourth preference (F4) – siblings of U.S. citizens (if the U.S. citizen is over 21 years of age). This category does not apply to biological siblings of someone who is adopted by another family.

An accompanying relative can also come to America and be included in the immigration process by simply being listed on the I-130 form. They will eventually need to submit their own application for a green card as a “derivative beneficiary.” Derivative beneficiaries are classified through the same preference categories as listed above.

Derivative beneficiaries can work in the United States if they apply for an employment authorization document. This policy is helpful to keep families together when they immigrate. 

Petitioning for a Family Member to Immigrate

In order to immigrate legally to the U.S., the immigrant must have help from their U.S.-based family member. The U.S. citizen or permanent resident will need to take charge of the process by petitioning for their foreign relative to get into the U.S. They will need to do the following: 

• File Form I-130
• Provide proof of citizenship or permanent residency status 
• Submit documentation of their relationships, such as a birth certificate or marriage certificate. 

They can also reach out to an immigration attorney to petition a family member in Los Angeles to help with this process. Grey Immigration Law is a permanent residency attorney Los Angeles residents can count on to guide them and their relatives through the green card process.