Establishing Permanent Resident Status for Family Members

The U.S. Citizenship and Immigration Services has established several different ways for family members of U.S. citizens or Green Card holders to become permanent residents of the U.S. You could become eligible for obtaining a Green Card if you are:

An immediate relative of a U.S. citizen. This category includes: (1) spouses; (2) unmarried children under 21; and (3) parents (if the U.S. citizen is over 21). Immediate relatives of U.S. citizens have special immigration priority and there is no waiting period for a visa since the number of visas for immediate relatives is not restricted. The process for obtaining a Green Card differs depending on whether the immediate relative is inside the U.S. or living outside the U.S.

A family member of a U.S. citizen who meets the criteria for a preference category. This category includes: (1) unmarried children over 21; (2) married children of any age; and (3) siblings of U.S. citizens who are over 21 (if the U.S. citizen petitioner is over the age of 21). Family members wishing to immigrate to the U.S. who fall into this category will likely encounter a waiting period, since Congress has limited the number of visas available for family members who wish to immigrate to the U.S.

A family member of a Green Card holder. This category includes spouses and unmarried children. There is usually a waiting period for family members of Green Card holders since Congress has restricted the number of visas issued annually in this category. However, if the Green Card holder becomes a U.S. citizen during the waiting period, the family member’s status would change to that of immediate relative of a U.S. citizen and a visa could be obtained sooner.

A member of a special category. This includes battered spouses or children, surviving spouse of a U.S. citizen, K visa nonimmigrants (including fiancés), V visa nonimmigrants, or the child of a foreign diplomat born in the U.S. The application process differs for each of these special categories, so it is wise to consult with an experienced immigration attorney to learn more about the filing process for permanent residence status if you fall into one of these special categories.