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Green Card :

Immediate Relatives of U.S. Citizen

If you are an immediate relative of a U.S. citizen, you can become a lawful permanent resident (get a Green Card) based on your family relationship if you meet certain eligibility requirements.

You are an immediate relative if you are:

  • The spouse of a U.S. citizen;
  • The unmarried child under 21 years of age of a U.S. citizen; or
  • The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).
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Green Card for Fiancé(e) of U.S. Citizen

U.S. immigration law allows a U.S. citizen to petition for a alien fiancé(e) to obtain a K-1 nonimmigrant visa to travel to the United States and seek admission. Within 90 days after being admitted as a K-1 nonimmigrant, the alien must enter into a bona fide marriage with the U.S. citizen who filed the Form I-129F, Petition for Alien Fiancé(e), on his or her behalf.

After being admitted to the United States as a K-1 nonimmigrant and marrying the U.S. citizen petitioner within 90 days, the alien spouse can then apply for lawful permanent resident status in the United States (get a Green Card).

 

 

Green Card for Family Preference Immigrants

U.S. immigration law allows certain aliens who are family members of U.S. citizens and lawful permanent residents to become lawful permanent residents (get a Green Card) based on specific family relationships. 

Other family members eligible to apply for a Green Card are described in the following family “preference immigrant” categories:

  • First preference (F1) – unmarried sons and daughters (21 years of age and older) of U.S. citizens;
  • Second preference (F2A) – spouses and children (unmarried and under 21 years of age) of lawful permanent residents;
  • Second preference (F2B) – unmarried sons and daughters (21 years of age and older) of lawful permanent residents;
  • Third preference (F3) – married sons and daughters of U.S. citizens; and
  • Fourth preference (F4) – brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).
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Green Card for VAWA Self-Petitioner

Under the federal Violence Against Women Act (VAWA), you may be eligible to become a lawful permanent resident (get a Green Card) if you are the victim of battery or extreme cruelty committed by:

  • A U.S. citizen spouse or former spouse;
  • A U.S. citizen parent;
  • A U.S. citizen son or daughter;
  • A lawful permanent resident (LPR) spouse or former spouse; or
  • An LPR parent.

You may self-petition under VAWA by filing a Petition for Amerasian, Widow(er), or Special Immigrant without your abusive family member’s knowledge or consent. A person who files a VAWA self-petition is generally known as a VAWA self-petitioner. If your self-petition is approved and you meet other eligibility requirements, you may be eligible to apply to become a lawful permanent resident. 

Green Card for Widow(er) of a U.S. Citizen

Widows or widowers who were married to U.S. citizens at the time of the U.S. citizen’s death may apply for a Green Card.

Until Oct. 28, 2009, to be eligible as the widow(er) of a U.S. citizen, you had to have been married to the deceased citizen for at least 2 years at the time of the deceased citizen’s death. Congress removed this requirement effective Oct. 28, 2009, through the passage of INA 204(l).

To be eligible as the widow(er) of a U.S. citizen, you must prove that you were legally married to the U.S. citizen and that you entered the marriage in good faith, and not solely to obtain an immigration benefit. You also must not have been divorced or legally separated from the U.S. citizen at the time of their death. Your eligibility to be classified as a widow(er) ends if you have remarried. unless eligible under INA 204(l).

 

Currently outside the United States?

Once you are the beneficiary of an approved immigrant petition and an immigrant visa number is immediately available to you, there are two ways to apply for lawful permanent resident status (a Green Card). If you are outside of the United States, you may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This pathway is referred to as consular processing.

If you are already in the United States, you can apply for permanent resident status without having to return to your home country to complete processing. This process is called adjustment of status.

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