Itis the general policy of the USCIS to design the immigration processes in such away so that it will be easy for any category of immigrants to realize theirdream. The common dream of these immigrant classes is that of living andworking in the US, for which they should first get a green card. As mentionedearlier, United States Citizenship and ImmigrationServiceshas laid out so many pathways for an immigrant to become a green card holder.All that an applicant needs to do is ensure that he/she is eligible for it andthen choose the most appropriate route for getting it.
Pathways to getting agreen card
Themost favored ways for getting a green card are as listed below
- Family based green card
- Green card through a job
- Green card through Asylee or Refugee status
Getting a family basedgreen card
Beforegetting to know about this specific process, you need to know the generaleligibility criteria required to file in a green card application – You shouldbe eligible for any one of the immigrant categories that is drafted in the INA(Immigration and Nationality Act) and be admissible to the US. You must haveyour immigrant petition filed in by a suitable sponsor and got it approved. Youmust also be in possession of a valid immigrantvisa, which is immediately available, as a result of the approved immigrantpetition.
Oncethese are taken care of, you can then move on to the specific instructions ofgetting a family based green card. When you have your immediate family membersas US citizens, then you are very lucky. This is because you need not waitin-line for a visa to become available, which is the case for the generalcategory of applicants Also there is no limit prescribed by the USCIS for visasin this category. Ensure that you fall under any of the three categories ofrelatives to qualify as immediate relatives.
- You are a parent of a US citizen( In this case, your US Citizen child should be at least 21 years of age)
- You are the spouse of a US Citizen
- You are the child (unmarried) of a US citizen who is under the age of 21.
Any other form of relationship with theUS citizen will not entitle you with the privilege of not waiting in line foran immigrant visa. However, they will be considered to issue a family basedgreen card with some amount of waiting time for a visa.
Ipreference category – Unmarried, adult sons/daughters of US citizens (Age -21yrs or older)IIpreference category (A) – Unmarriedchildren (Age- below 21 yrs) and spouses of the Permanent residentsIIpreference category (B) – Unmarriedsons/ daughters of Permanent Residents (age- 21 yrs or older)IIIPreference category - Marriedsons/daughters of US citizens, spouses with their minor children IVpreference Category - Siblings of UScitizens, spouses with their minor children
The US citizen or permanent residentshould file in USCIS FormsI-130 which is the procedure to petition an alien relative into the US. Thisshould be filed in with the United States Citizenship and Immigration Servicesto establish the qualifying relationship of the Citizen or the permanentresident with the relative. Once this is approved, the USCIS will intimate theUS Embassy in the country in which the relative resides. From here on, it isthe applicant who has to follow up, in order to get a family based green card.He/she should then file in Form I-485 to adjust to the status of a permanentresident, based on the instructions of that particular embassy.
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