Family Immigration
Obtain a green card through a family member
One common way of obtaining a green card in the United States is through an immigrant visa petition filed by a sponsoring family member.
A United States citizen may file for a spouse, child, adult son or daughter (whether married or single), parent, or sibling.
A lawful permanent resident (green card holder) may file for a spouse, child or unmarried adult son or daughter. However, unlike citizens, a lawful permanent resident cannot petition for an adult married son or daughter. Nor can a lawful permanent resident petition a sibling or parent.
Moreover, petitions filed by U.S. citizens on behalf of spouses, children and parents are classified as “immediate relative” petitions and are therefore not subject to the annual visa numerical restrictions and preference categories. In other words, there is no waiting line for these petitions.
Once the petition is approved and a visa becomes available, the intending immigrant may
- (if in the U.S. and otherwise admissible) apply for adjustment of status here in the United States to obtain a green card or
- obtain status through consular processing at a U.S. embassy in his or her native country.
It is critical to remember that marriage to a United States Citizen (or any other familial relationship) does not automatically qualify you for a green card.
How to obtain lawful permanent residency
To obtain lawful permanent residency, an applicant must in all cases demonstrate that they are admissible to the United States. Inadmissibility can (though not always) be triggered by a multitude of factors including one’s criminal and immigration history, unlawful presence in the U.S., and manner of entry to the U.S. Although some grounds of inadmissibility may be waived, others cannot.
As you can see, the question of whether one ultimately qualifies to obtain a green card based on a family petition can be highly complex. If you or someone you love is interested in obtaining a green card through a family based immigration petition, it is important to seek the skilled guidance of an experienced immigration attorney to thoroughly review your case so that you can make an informed decision as to how to proceed with this process.
Contact our office now to schedule an initial consultation and begin getting answers.
Los Angeles Family Immigration Services
- Adjustment of status applications
- Marriage based petitions
- Same-sex marriage petitions
- Consular processing of immigration visa applications
- Family based petitions (spousal, parent/child and sibling)
- Fiancé visas
- 601A provisional unlawful presence waivers
- Hardship waivers
- I-751 petitions to removal conditions on residency
- VAWA self petitions
- Advance parole
- Adam Walsh Act cases
