What is a US Family Based Green Card Visa? – An Overview
Do you have your family or close relatives settled in the USA but are wondering on how to re-unite with them? The answer to all your woes is the US Family Based Green Card Visa. These people can be your spouse, children, parents, or siblings, but what you must know that under the purview of this visa what cannot be included are your distant relatives like your grandparents as well as your cousins.
Herein a U.S. citizen or Lawful Permanent Resident (LPR) requests or pleas in the form of a petition for a relation to allow them consent to migrate to the United States. Once you get a green card to the US via the family you can have a permanent home in the US. You are even with the green card visa permitted to receive a driver’s license, travel to and fro from the US for a particular periods of time.
Also, if you do not violate or break any of the US laws during this time period you can even apply for a citizenship of the US which means you can enjoy many other legal rights enjoyed by the US citizens. There can be an annual limits on the number of visas to be issued.
The family classifications visa includes:
Relatives of US Citizens
Immediate Relative –
the Immediate Relative class is regarded as a high priority classification and hence the US government has not imposed any annual number ceiling on this category and the family members of applicants can obtain permanent resident Green Card rapidly. Family members regarded as immediate relative includes following relations:
Spouse
Unmarried and dependent children under 21 years of age
Parents (if the US citizen is above 21 year of age)
Family Preference
The family preference class includes those members not included in the immediate relative class, i.e. the relatives in question are those family members of US citizens not defined in the immediate classification. In this category, the relations include following people
Unmarried sons or daughters aged over 21years
Married children of any age
Brothers and sisters (incase the U.S. citizen is aged over 21 years)
Congress has limited the number of relatives who may immigrate under these categories each year so there is usually a waiting period before an immigrant visa number becomes available.
Relatives of Green Card Holders (2nd Preference Class)
The category of eligible family members includes relative classifications of both Immediate and Family Preference class.
Request Petition for Immediate Relative Class
There is a slight difference in requests placement process (petitioning) for people already in the US and those outside the US.
Applications Process
Filing process for Immediate Class
Single phased process
If the applicants are already in US on some other entry arrangements and visa transition is permitted under that specific arrangement, the applicants can straightaway file I-485 (Application to Register Permanent Residence or Adjust Status) to obtain a permanent residential status at the same time when the US national is placing an I-130.
Two phased process
First Phase -The process starts with US national (Immediate Relative) placing I-130 for approval.
Second Phase – applicants can submit I-485 whenever convenient after the submission of I-130 by sponsoring US National and receipt of I-797 (Notice of Action/sanction notice). However, it is very important to keep in mind that I-130 should not have been rejected. The process usually requires submission of I-130 acknowledgements or I-797 (Notice of Action/sanction notice) along with I-485 indicating that I-130 is under review or has been sanctioned.