If you have a family member who is a United States citizen or a lawful permanent resident and you want to apply for a green card you will need to follow a multi-step process.
1. The United States Citizenship and Immigration Services (USCIS) must first approve an immigrant visa petition. This petition is called an I-130 Petition for Alien Relative. The petition must be filed by your relative and must show proof of how you are related to them.
2. Next, the Department of State will determine if an immigrant visa number is available to you even if you are already in the United States. In the case where a number becomes available immediately you can apply to have a number assigned to you. You can check the status of your visa number in the Department of State’s Visa Bulletin.
3. If you are in the United States you can now apply to change your status to that of a lawful permanent resident after a visa number becomes available. In so doing you can secure an immigrant visa number.
If you are not in the United States when an immigrant visa number becomes available you will need to visit the U.S. consulate in your area to complete the process.
4. The new ‘K’ or advance admission for the spouse and children of a United States Citizen and new ‘V;’ (advance admission for the spouse and the minor children of a permanent lawful resident) non-immigration category is now available but not detailed here. Consult the updates at the USCIS websites for additional information on the Family Equity (LIFE) Act.
Are You Eligible for a Green Card?
In order to sponsor a family member for immigration you will need to fulfill the following criteria:
1. You need to be either a citizen or permanent legal resident of the United States and provide the legal documentation as proof when you apply for a green card.
2. You have to be able to prove that you can support the relative at 125% above the mandated poverty line.
3. Where you are a United States citizen you can petition for the following relatives when you apply for a green card:
* Husband or wife
* Unmarried child under 21 years old
* Unmarried son or daughter over 21
* Married son or daughter of any age
* Brother or sister, if you are at least 21 years old
* Parent, if you are at least 21 years old
4. Where you are a lawful permanent resident you may petition for the following relatives when you apply for a green card:
* Husband or wife; or
* Unmarried son or daughter of any age.
