How to Get a U.S. Green Card through Family Relationship

Many people become permanent residents and apply for a Green Card through family members. The Department of State (DOS) has developed a system where people who have been waiting longest have the first right to a visa. DOS keeps track of your place on the waitlist using the date your family member submitted a “visa petition” indicating that they’d like to help you immigrate. That date is called your priority date. Please follow this link for more information on Priority Dates.

You May be Eligible for a Green Card based on Family Preference as:

• An immediate relative of a U.S. citizen, this includes spouses, unmarried children under the age of 21, and parents of U.S. citizen petitioners 21 or older.

• A family member of a U.S. citizen fitting into a preference category, this includes unmarried sons or daughters over the age of 21, married children of any age, and brothers and sisters of U.S. citizen petitioners 21 or older.

• A family member of a Green Card holder, this includes spouses and unmarried children of the sponsoring Green Card holder.

• A member of a special category, this can include battered spouse or child (VAWA), a K nonimmigrant, a person born to a foreign diplomat in the United States, a V nonimmigrant or a widow(er) of a U.S. Citizen. 

Green Card for an Immediate Relative of a U.S. Citizen

To promote family unity, immigration law allows U.S. citizens to petition for certain qualified “immediate” relatives to come and live permanently in the United States. There is no quota limit on the number of Green Cards that can be issued to immediate relatives of U.S. citizens. They always have a visa number immediately available for them.

K – Fiancé(e) Visa / Fiancé Green Cards

The K-visa categories for the fiancé(e) of U.S. citizens and their accompanying minor children (K-1 and K-2 visas) were created to speed up the immigration process for such individuals so they could travel more quickly to the United States. 

Requirements for Fiancé Green Cards

• A Fiancé(e) must marry his/her U.S.-citizen petitioner within 90-days after entry to the U.S.
• A K-1 visa holder must apply for Adjustment of Status after the marriage in order to stay in the United States as a permanent resident

Green Card for a Family Member of a U.S. Citizen

If a family member of a U.S. citizen is not an immediate relative, then the U.S. citizen may still be able to sponsor him/her. Congress has limited the number of relatives who may immigrate under this category each year so there is usually a waiting period (a numerical annual quota given to each preference) to limit the number of immigrants admitted into the United States.   

Green Card for a Family Member of a Permanent Resident

Green Card holders may petition for certain eligible relatives to come and live permanently in the United States.  Congress has limited the number of relatives who may immigrate under these categories each year so there is generally a waiting period (an annual quota given to each preference) before an immigrant visa number becomes available. 

We Can Help You

At Guzhva Law Firm, we are providing thoughtful solutions and measurable value to each individual situation. Because U.S. immigration law and regulations significantly affect how foreign nationals may qualify for immigrant visas, it is important that you obtain up to date information about the provisions that apply to you.

Our Seattle immigration attorney can help you prepare the forms and supporting documents with much less of your time involved and with much more accuracy. Furthermore, the attorney will be able to inform you of any potential problems in your particular case and how to improve your chances of success.

To schedule a free phone consultation with an immigration attorney, please contact us today. With offices in Washington State, in Bellevue near Seattle, we work with clients worldwide.