Marcela C. Rodríguez Esq.
Immigration Attorney Charlotte
IMMIGRANT VISAS: Family Petition
Many people get their permanent residence (better known as the Green Card) through a family petition. The United States promotes family reunification and allows American citizens and permanent legal residents to claim qualifying family members to live permanently in the United States. A person may be eligible to obtain a Green Card through a family petition by an American citizen or permanent legal resident, or through a special category defined below.
The speed and ease of obtaining a Green Card depends on whether the petitioner is a US Citizen or Permanent Legal Resident, and sometimes the country where the resident resides.
American Citizens may apply for a Green Card for: (Immediate Relatives Not Subject to Visa Availability)
• Your children (Singles and under 21)
• Conjugue matrimonial (Spouse / wife)
• Parents (If the citizen is over 21 years of age)
IMPORTANT: Residence through marriage with US Citizen: We know from experience the stress that could cause a newly married couple a Residency Petition process. We are committed to providing legal assistance to marriages during the immigration process in order to obtain relevant and necessary evidence to begin the petition process, send supporting documentation, and prepare for a successful interview.
NOTE: Change from Conditional Residence to Permanent Residence; If at the time of your interview the couple has been married for less than 2 years, Immigration will omit a Conditional Residence for 2 years. Consequently, in the 90-day period prior to the 2-year completion of the Conditional Residency Card, if the couple is still married, then a joint petition may be requested from USCIS to change the conditional residence status to a permanent one. It is essential to show life in common for the previous 2 years.
If the couple separated or divorced during this period of Conditional Residence, it is possible to apply and successfully obtain a Permanent Resident status. Our attorney specializes in cases where the couple is still married but living separately for reasons of unfortunate circumstances, or couples who divorced despite having formed a marriage in good faith. Consult our immigration lawyers for more information.
American Citizens and Legal Permanent Residents may apply for a Green Card to: (This preferred category is subject to Visa availability)
• First Category: Unmarried children of American Citizen (marjor of 21 years)
• Second Category: Spouse (s) and children, and unmarried children of Permanent Legal Residents (under 21 years of age)
• Third Category: Married Children of American Citizens
• Fourth Category: Brother of Adult American Citizens
Green Card through Special Categories and Other Family Visas: You would also qualify for a Green Card if:
• Wife (or) abused child of an American Citizen or Permanent Legal Resident, VAWA
• I enter the United States with a K Visa (as I signed up) or an American Citizen's spouse or accompanying child
• Obtained Visa V nonimmigrant status
• Widow of American Citizen
NOTE: Consider the advice of our immigration attorneys before submitting your petition, adjustment of status or citizenship to USCIS.