GREEN CARD THROUGH FAMILY

Applying for a green card through family is for specific relatives of United States citizens. There are a number of categories that are determined by relationship to a U.S. citizen that is sponsoring your visa. These are referred to as “family preference” categories. These preferences are listed below.

Immediate Relative

Immediate relative of a U.S. citizen which includes the following:

Spouse of a U.S. citizen.
Unmarried child of a U.S. Citizen that is under the age of 21.
Parent of a U.S. citizen who is at least 21 years old.

Other Relative

This category is divided into two categories but is reserved for certain other relatives of U.S. citizens or relatives of lawful permanent residents of the U.S.

The first category is for family members of a U.S. citizen meaning that you are the:

Unmarried son or daughter of a U.S. citizen and you are 21 years old or older.
Married son or daughter of a U.S. citizen.
Brother or sister of a U.S. citizen who is at least 21 years old.

The second category is for a family member of a lawful permanent resident, meaning that you are the:

Spouse of a lawful permanent resident.
Unmarried child under the age of 21 of a lawful permanent resident.
Unmarried son or daughter of a lawful permanent resident 21 years old or older.

Fiancé

This applies to certain fiancé of a U.S. citizen or the fiancé’s child:

Person admitted to the U.S. as a fiancé of a U.S. citizen.
Person admitted to the U.S. as the child of a fiancé of a U.S. citizen.

Widow or Widower

Widow or widower of a U.S. citizen

Widow or widower of a U.S. citizen and you were married to your U.S. citizen spouse at the time your spouse died.

Violence Against Women Act (VAWA)

Violence Against Women Act (VAWA) for victims of battery or extreme cruelty

This applies to certain immigrants that have been the subject of the following:

Abused spouse of a U.S. citizen or lawful permanent resident of the U.S.
Abused child of a U.S. citizen or lawful permanent resident of the U.S. that is unmarried and under the age of 21.
Abused parent of a U.S. citizen.

Immediate Relative Visa vs. Family Preference Visa

In the interests of promoting family unity the immigration laws of the U.S. allow citizens and green card holders to petition for relatives to migrate to the United States. This is available as an immediate relative petition or a family preference petition.

These two visas are based on a family relationship between family members. There are certain factors that set the two types of visas apart. The immediate relative petition is reserved for immediate relatives of U.S. citizens. Those persons for whom a citizen may petition includes a spouse, unmarried children under age 21, and parents.

Immediate relatives of United States citizens are the top priority in the U.S. immigration system. In cases of an immediate relative petition the U.S. government does not limit the number of immediate relative green cards for foreign citizens apply for and immediate relative visa.

Family preference visas, unlike immediate relative visas, are available to both green card holders and U.S. citizens. A family preference visa is limited to certain relatives. Unlike the immediate relative visas, the U.S. government limits the number of family preference visas it issues each year.

An applicant for a family preference visa may be required to wait if the number of applicants exceeds the number of family preference visas available in a given year. A family preference visa applicant may be required to wait several years for a family preference visa to be approved depending upon the number of applicants for such a visa.