Get U.S. Green Card Through Immediate Family Member

June 2, 2011 - PRLog -- Green Card Through Immediate Family

Attaining a green card through an immediate U.S. citizen family member is probably the fastest way to U.S. permanent residency.  Under U.S. immigration law, the spouse (husband or wife) of a U.S. Citizen, a son or daughter under the age of 21 years old of a U.S. Citizen and a parent of U.S. citizen that is over 21 years old are considered an immediate relative.  The advantage of the immediate relative category is that there is no priority date backlog and an immigrant visa is always available.

How To Apply for a Green Card Through a U.S. Citizen immediate family member?

A green card may be obtained through a U.S. citizen immediate family member through one of two processes, either the I-485 adjustment of status or immigrant visa processing (consular processing).  Form I-485 adjustment of status applies if the foreign immediate relative is in the United States.  The immigrant visa processing is if the foreign immediate relative is in his or her home country abroad.

Applying while in the United States – I-485 Adjustment

When applying for a green card through a U.S. citizen immediate family member, while in the United States, the main forms are the I-130 petition for alien relative, the I-864 affidavit of support, the I-485 application to adjust status, the  G-325A biographical information and the I-693 medical exam (in a sealed envelope from a qualified doctor called a Civil Surgeon).  Additional forms include, the I-765 application for employment authorization and the I-131 application for advanced parole/travel permission.


The I-130 Petition for Alien Relative
The United States citizen immediate family member files the form I-130 petition for alien relative with the U.S. Citizenship and Immigration Services (USCIS) to establish the immediate relative relationship to the foreign immediate family member who wants to immigrate to the United Sates.

In order to prove that the petitioner is a U.S. citizen, one of the following documents should be included with the I-130:

1)U.S. Birth Certificate
2)U.S. Passport
3)U.S. Certificate of Naturalization
4)U.S. Report of Birth Abroad
I-864 Affidavit of Support
All sponsors must submit the following proof with their I-864 affidavit of support:
Latest Federal income tax return with W-2’s and/or 1099’s or an Internal Revenue Service (IRS) issued transcript of the latest federal income tax return (a sponsor may also submit the tax returns or transcripts for the second and third most recent tax years if these addition tax returns help prove the household income at above the poverty guideline threshold,

Evidence of current employment/income such as recent pay-checks and/or pay-stubs and/or pay statements,

Proof of eligibility as either a U.S. citizen or legal permanent resident such as a copy of the sponsors U.S. birth certificate or U.S. passport or permanent resident card/green card.

If the sponsor is using the income of other persons in their household or dependents to qualify as a sponsor they must also submit a separate Form I-864A, contract between sponsor and household member along with the same proofs above described.

I-485 Application to Adjust Status
The I-485 form is used for the adjustment of status paperwork.  Adjustment of status is the request by the foreign immediate family member to apply for and obtain permanent resident status while in the U.S.  Form I-485 requests information about the foreign immediate family member’s lawful status in the U.S. and any prior criminal or immigration problems.

There are many criterion the foreign immediate family member must meet in order to qualify for adjustment of status. One of the basic requirements is entering the U.S. lawfully and being inspected by an immigration officer on entry.  If the foreign immediate family member is ineligible to adjust within the U.S. because he or she last entered without inspection they must apply for an I-601 extreme hardship waiver.


G-325A Biographic Information
Form G-325A is a biographic information document used to collect important information of the U.S. citizen and immediate family member.  The history and current information required includes all names used, dates and places of birth, residences, marriages/divorces, employment and parents information.

I-693 Medical Exam Form
Form I-693 is the medical examination report of the foreign immediate family member that is completed by a designated civil surgeon.  The purpose of the examination is to establish that the foreign spouse is not inadmissible to the United States on public health grounds.  The medical exam is conducted by a civil surgeon which is a doctor authorized by the immigration services.  The results of the medical exam must remain sealed when submitting them to the immigration services and the exam results remain valid for 12 months.

The I-765 Application for Employment Authorization
Form I-765 is used to apply for permission to work while the green card case is pending.  If the application is approved the foreign immediate family member will receive an Employment Authorization Card.  This card is generally valid for any employment position including self-employment.  The card is usually issued within 90 days of filing.

The following is some of the evidence submitted with form I-765
1)A copy of the foreign immediate family member’s passport and
2)A copy of the foreign immediate family member’s current and/or past Visa and entry record.

The I-131 Application for Advanced Parole
Form I-131 is used for travel permission while the green card case is pending.  If approved the foreign immediate family member may receive multiple advanced parole documents that may be used for entry back into the United States.  Something more recent is that the advanced parole may be added to the Employment Authorization Card instead of a separate document.  The advanced parole is usually issued within 120 days of filing.

Please note if the foreign immediate family member is out of status/has unlawful presence DO NOT TRAVEL OUTSIDE THE U.S. even with an approved advance parole.  Unlawful presence of 6 months or more will cause the foreign immediate family member to be inadmissible if traveling outside the U.S., even with an approved advanced parole and may be barred from entering the United States and even if allowed entry into the U.S. with the advanced parole permission may cause the immediate family member to be barred from receiving a green card.  Also Traveling without an approved advance parole could cause the immigration services to determine the foreign immediate family member has abandoned the green card case.  We urge you to consult with a qualified immigration attorney before travelling outside the U.S. and/or applying for advance parole, to determine your eligibility.   For a free consultation you may call 212-804-5770.