As a green card holder, you can only petition for certain family members to immigrate to the United States as permanent residents.
As a Green Card holder, you may petition for:
- Your spouse
- Your unmarried children under 21, for a faster process.
- Your unmarried son or daughter of any age, however after they past the age of 21 the process will be much slower.
Based on the petitioner’s relationship to a relative, that relative will fall into a certain preference category. These preferences are important as a visa becomes available to a preference category according to the priority date, the date the 1-130 was properly filled. The waiting time may vary, and you can check in the visa queue.
Preference Categories:
- First preference: Unmarried, adult sons and daughters of U.S. citizens. (Adult means 21 or older)
- Second Preference (2A): Spouses of Green Card holders, unmarried children (under 21) of permanent residents
- Second Preference (2B): Unmarried adult sons and daughters of permanent residents
- Third Preference: Married sons and daughters (any age) of U.S. citizens
- Fourth Preference: Brothers and sisters of adult U.S. citizens
To obtain a Green Card for your family you must:
- Fill out Form 1-130, Petition for Alien Relative
- Provide proof of your status to demonstrate that you are a permanent resident
- Submit evidence of a qualifying relationship, such as a birth certificate or marital documents
- Submit proof of any legal name change for you and your family member
The I-130 form is a form to establish your qualifying relationship with an eligible relative, or beneficiary, who wishes to come to or stay in the United States, and apply for a Green Card
This differs from the petitioner being a U.S. Citizen. When the petitioner is a U.S. Citizen, the visas are always available. Green card holders, on the other hand, must wait for the priority date of their application, which is based on preference category. For petitioners who are green card holders, maintaining lawful status (such as renewing your green card) is critical, as you must maintain lawful status throughout the entire process of petitioning for a relative. Falling out of status may adversely affect the beneficiary’s petition.
If you wish to petition for a family member as a green card holder, consider booking a consultation with us. We can provide you with the tools and knowledge you need to feel confident throughout the application process.
If the beneficiary is already in the United States, they may be able to apply for a Green Card through adjustment of status rather than completing the process through a U.S. Embassy or Consulate abroad. However, adjustment of status has its own eligibility requirements. In many family-preference cases involving a Green Card holder petitioner, the beneficiary generally must have maintained lawful immigration status and otherwise remained eligible to adjust status when the application is filed and while the case is pending. Visa availability is also important, meaning the beneficiary generally cannot file for adjustment until a visa is available under the applicable preference category, unless the law and USCIS filing rules provide otherwise. Because issues such as overstays, unauthorized employment, prior immigration violations, and changes in the petitioner’s status can affect eligibility, the appropriate process should be evaluated based on the individual circumstances of the case.
Giselle M. Rodriguez is a Boston immigration lawyer who helps clients with marriage visas, fiance(e) visas (K-1 visas), and other family-based immigration options. Giselle is bilingual, speaking English & Spanish. Contact Giselle today to discuss your case.
Note: the information on this page is for educational purposes only, and does not constitute legal advice or an attorney-client relationship.