Family Based Green Card- Everything You Need To Know

In the past several decades, Green Cards have become a popular method that has allowed people to become lawful US permanent residents This process involves staying in the USA for a period of 5 years at a stretch.

The individual needs to stay in the country and legally enjoy employment opportunities. This entitles them to enjoy all the benefits of being covered and protected under US laws.  They are also allowed to vote in different elections where you do not have to be a citizen.

In the last few years, Family Based Green Cards have allowed family members of Green Card holders to enjoy residency in the US. Even though many people think that the Family Based Green Card is a straightforward process, this is not such an easy task.

In this article, we are going to look at some of the basics of Family Based Green Cards. We will look at what are the processes that are involved in the application.  We will also discuss some of the challenges regarding the same.

Two Major Types of Family Based Green Cards

Immediate Relative Green Card

In the first type of Family Based Green Cards, immediate relatives of a US citizen are preferred in terms of their application. As against the other type (family preference), in the immediate relative, there is no upper limit on the number of cards that are issued every year.

The process of applications starts as soon as the USICS receives the 1-130 application. This means that the processing time is swift and the card can be made available within a short duration. The US citizen who is going to be the Sponsor needs to file in form 1-485 along with the 1-130.

A lot of factors can influence the processing time of the card in the case of Immediate relatives of a US citizen. For starters, it can depend on the caseload of the consulate or assembly in the home country of the individual who is applying for the Green Card. Typically, the process can take anywhere from 6 months to a year.

Family Preference Green Card

The second type of Family Based Green Card is referred to as the Family Preference one. This one is for the distant relatives of a US citizen. As against the Immediate Relative type, in this case, there are only a fixed number of Green Cards that are issued every year.

If the limit of the same according to the quote of the country is met, then the applicants have to wait to apply in the next fiscal year. In other words, the limit is slow and the process is much stringent and tougher.

This type of Green Card is further subdivided into four sub-categories- F1, F2, F3, and F4. All these categories refer to the different family types, relations, and other factors that are taken into consideration.

F1 refers to the sons and daughter of the US citizens that are unmarried and have not attained the age of 21 or above. The second type, F2, is for sons and daughters that are above 21 but not married. A lot of these sub-categories are very problematic to process. There is so much backlog from countries like India that their time might come after 20 odd years!

How the Green Card Holder can check his Eligibility Status for Sponsorship?

The USICS has fixed certain guidelines for someone to sponsor a Family-Based Green Card. They are the following-

• The Sponsor needs to be himself be a Green Card Holder and be a US Citizen or a Permanent Lawful Resident of the country.
• He or she needs to prove that they can economically sustain the family members when they come over to the country. This is usually taken to be an income that is above 125% of the poverty line.
• The establishment of the relationship needs to be made. In other words, you need to prove that the individual being sponsored for a Family Based Green Card is your lawful and biological family.
• At all times, you must ensure that you are a resident of the United States and residing within its borders for the last five years.

How can an Experienced Immigration Lawyer help you with Family Based Green Card?

If you are a US lawful permanent resident that is planning family immigration to USA you need to hire the best immigration lawyers. If you have been reading the article carefully, you might have figured out that both the types and processes are not as easy as they are made out to be.

In this section, we are going to outline some benefits of hiring an experienced immigration attorney to help you with your case-

Paperwork

When it comes to getting the paperwork in order and filing them in the correct fashion, an attorney can help you avoid any mistakes. Applications are properly screened and vetted and hence you cannot afford to make any mistakes on them. This is why you should avoid doing the paperwork yourself and take help from an experienced attorney.

Schedules

Once you are starting the application process, the USICS might call you for regular checks, updates, and paperwork verification. This is something that requires you to pay attention to all the official letters that are coming from the government body. A lawyer can help keep track of all the developments and inform you as to when you have to go and what you have to say.

Negotiations

Make no mistake, a lot of human factors are involved when it comes to applications getting approved or rejected. If you do not know how to build good relationships with the officers, you might not get the application approved. This is where an experienced immigration attorney with years of experience and networking in the USICS can come in handy.

The Final Word

Immigration has a lot of emotional and psychological impact on families. With so many different processes and stages that are involved, a slight mistake can cost someone to stay adrift from their families for years at a stretch. While the US allows for Family Based Green Cards, it requires a lot of paperwork, vetting, and documentation to approve of it.

If you have any other questions that you would need us to answer on migration, hiring an attorney, and so on, let us know in the comments section below. We will try to address as many of your concerns as possible.