A green card in the United States can be applied for and granted to a person with a direct and blood relationship to a citizen or lawful permanent resident of the United States. This benefit is available to a person’s “immediate family,” which includes the spouse, minor children, parents, and siblings of the adult children.

• A US citizen is eligible who is under 21 years old and is unmarried
• An American citizen who adopts an orphan in another country

A parent of a legal US resident minor (those that are at least 21 years old)
For immigration reasons, everyone under the age of 21 is considered a minor. Furthermore, under immigration law, everyone beyond the age of 21 is considered an adult.

NOTE that Parents, Spouses, and Children under 21 are considered “Immediate Relatives” under U.S. immigration law and are entitled to a preference in the processing of the case. Immediate relatives are not subject to numerical limitations or caps, and they are also excused from certain minor immigration violations (eg. failure to maintain status, unauthorized employment) which allows them to adjust status and obtain their green card in the U.S., even though they may have technically violated the law.

Lawful Permanent Resident (Green Card Holder) can sponsor his or her:
1. Spouse
2. Child under 21
3. Child over 21 (who is not married)

Unlike US citizens, they are not eligible to receive family members through the family unity program. However, there is a waiting period because there is a yearly quota for green cards to be handed to family members of US permanent residents. In contrast, the paperwork for family members of US citizens can be issued at any time.

Petitioners must be either lawful permanent residents or United States citizens. Non-citizens and visa holders are not eligible to apply for the K-1 fiancé visa. After that, you’ll need to show that you intend to marry your fiance within 90 days of his arrival in the United States. You must also provide proof that any previous marriages have been legally dissolved.

To apply for K-3 spouse status, the applicant or individual must be married to a US citizen. Form I-130 must have been previously submitted by their spouse on the applicant’s behalf. Applicants under the age of 21 who are the legitimate children of K-3 applicants and who are not married will be awarded K-4 status. However, certain cases defy this rule, and a good immigration attorney can help you.

Through the assistance of immigration lawyers, victims of domestic violence, sexual assault, or elder abuse can self-petition for lawful permanent status under VAWA. A battered spouse can file a VAWA application, a victim of abuse under the age of 21, a parent whose kid has been harmed by their lawful permanent resident spouse, or a parent whose child is at least 21 years old and a citizen of the United States.

Before the two years are over, the couple must seek to have the requirements removed and permanent documents provided to the spouse. In the case of a married relationship, both partners must submit applications for permanent residency. It is necessary to give evidence of a good faith marriage once again with the application to have conditions removed, even if substantial evidence was already submitted at the time of the initial interview.

Divorcing families may find immigration regulations considerably more complicated than they already are. Most immigrants are fearful of getting a divorce or formal separation for fear of jeopardizing their green card status. The solution is unique to each situation. In order to improve their chances of being awarded a green card, divorced immigrants may still pursue the usual procedures. The best way to learn about your legal rights is to speak with an immigration lawyer.

In the event that an applicant for permanent resident status is denied, they may file a waiver using Form I-601. Additionally, it can be used if the immigrant is trying to obtain a benefit for which they may still need to meet eligibility requirements. A person ineligible for immigration benefits may submit a waiver request in this manner to have that ineligibility overturned. The application’s eligibility and the specific use sought will determine whether or not the application is approved.