Family-based Green Card
The US Immigration Program allows family members (Aliens) of US citizens or permanent residents who reside in other countries, to migrate into the country, become permanent residents or citizens based on their family relationship (spouse, children, or extended family members). And apply for a green card.
What Is A Family-Based Green Card?
A family-based card is an Immigrant visa, which allows the family of US residents who are based in other countries to migrate to the US and become a lawful resident of the country.
Family members, of a US citizen or permanent resident that can be eligible for a green card, are described below.
- F1 (First preference): This refers to children of US citizens that are unmarried and are below the age of 21.
- F2A (Second Preference) This refers to the spouses and unmarried children of US permanent resident
- F2B (Second Preference): This refers to the children of US permanent residents that are above the age of 21 years.
- F3 (Third Preference): This points at children of US citizens that are married.
- F4 (Fourth Preference): This refers to the sisters and brothers of US citizens, provided the citizen is above the age of 21.
This page provides handy details for aliens in the United States, who want to become a permanent or US citizen, this is called adjustment of status. You should read this instruction before you apply.
If you are outside of the United States, and you want to apply for a family-based Green card, kindly read this first.
Eligibility for Adjustment Of Status.
The following requirements have to be met before you can be eligible for a green card based on family preference.
- You must file and properly fill form I-485, for adjustment of status or permanent resident.
- You allowed yourself to be inspected, both medically and physically, before you were permitted into the United States.
- You have all the right requirements to be eligible for an immigrant visa.
- After you fill the form I-485, a visa will be immediately available for you. You can learn more about adjustment of status here
- Your family member in the US must fill the Form I-130, and you both must still be maintaining an existing relationship.
- You must not have any criminal record.
- You have all legal requirements to be admissible to the United States
- You meet all the criteria to be eligible for a green card visa.
Inspected And Admitted or Inspected and Paroled
In a nutshell, to apply for adjustment of status to be eligible for a family-based green card, you must be present in the United States.
Eligibility To Receive An Immigrant Visa
You will only be eligible to receive an immigrant visa if you are a beneficiary of either of the following.
- An approved form I-130 has been filed on your behalf
- A Form I-130 has been filed on your behalf but it’s ultimately pending.
Bars To Adjustment
There are some instances where you won’t be eligible to adjust your status, neither will you be able to apply for a family-based Green card.
You will be ineligible for a green card if you have a criminal record or you violated an Immigration law.
Grounds Of Inadmissibility
Before you will be given a green card, you must prove that you are admissible to the United state.
Furthermore, you will only get an approved green card, if none of this Inadmissibility applies to you.
- Qualification and labor certification for some Immigrant (INA 212(a)(5))
Furthermore, if you are found inadmissible to the United state, you won’t be eligible for a green card. However, the law still allows you to apply for a waiver program. If you get admissible to the United State via a waiver program, you may be eligible for a green card.
However, your eligibility for a waiver program and green card based on family preference depends on your grounds of Inadmissibility.
Required Documents (Principal Applicant)
A principal applicant is someone who is the beneficiary of form I-30. If you are a principal applicant, you have the right to apply for a green card based on family preference, by submitting the following documents.
- Apply to apply for a permanent resident or adjustment of status form I-48
- You must also be able to provide a copy of Form I-79, you must also present a successful approval form I-30 that your relative filed on your behalf.
- Passport photograph in line with United States Immigration requirements, you are to present two copies.
- Government-issued documents must also be provided by you.
- You must also present your birth certificate
- Your non-immigrant visa (copy with passport page) must also be presented
- It’s as well required, to present your passport (a copy) having parole or admission stamp on it.
- You must also present a copy of form I-90, and be sure it includes your departure details, your work details in the United States, and everything needed to be known by you.
- You must also be able to proof, that you’ve not violated any law, since you’ve gotten to the United States.
- Your medical result needs to be well presented.
- You must also be able to prove that you are financially buoyant enough to get a green card visa, based on family preference.
- You are to as well, provide a police report, and every of your activity should be involved in the report, (conviction, arrest, etc)
- You are to as well provide documentation of your past immigrant status.
Please note that a certain form or document presentation has some fee attached to it, and you are to pay the exact fee. To know what fee is attached to each form, kindly refer here
Family Members
As a family member of a US citizen or permanent resident, you have the right to apply for a green card. Furthermore, the spouse and children of a US citizen are known as derivative applicants, and they can apply for a green card or adjustment of status.
Eligibility criteria For Adjustment of Status As a Derivative Applicant.
Before you can be granted a green card as a Derivative Applicant under the family preference, you have to meet up with the following.
- You have filed for form I-485
- Also, you have filed for the principal applicant form I-485, and these forms have been approved.
- While the initial form is still under review (form I-485) your form I-485, must have been approved.
- Your principal applicant form will be subjected to approval afterward, if.
- If they are still abiding by the rule of a permanent resident of the united state
- You are still maintaining your relationship with the US permanent resident or citizen
- You are presently living in the United States, as at the time you apply for a green card.
- You have not violated any of the United States immigration laws.
- US Immigration retains the right to reject your application if you do not meet their merit.
What Derivative Applicant Should Submit
As a Derivative Applicant, you are expected to submit the following to apply for a green card.
- A document that clearly shows the relationship between you and the US permanent resident or citizen (Marriage certificate, adoption certificate, DNA test )
- You are to as well, provide a passport photograph, in accordance with US Requirements. The number of copies? 2 copies.
- You are to as well provide a copy of your passport page with parole or admission stamp on it.
- A valid proof, that you have not violated any law, ever since you have been in the US.
- A police report is required to be presented.
Please note that most of these forms and documents have a certain fee attached to them.
How To Apply For Family-based Green Card
If you live in the United state, as of the moment you want to apply for a green card. You can apply for an immigrant visa. If you have all the requirements to get an Immigrant visa, a green card will be presented to you based on family preference.
You are to file for an application for a permanent resident, or adjustment of status form I-48, without getting outside of the country. Furthermore, if a visa is immediately presented to you, you may need to do the following.
- Concurrently, your relative needs to file a form for a petition on your behalf, pending the time your form I-30 is pending or
- After your form I-30 has been approved, your green card remains active, or else otherwise canceled.
For more information, on visa admissibility, you can visit here.
