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  • Punhani Law Firm LLC

Family-Based Green Card Sponsorship

Updated: Feb 2, 2021

Getting a Green Card in the USA means becoming a Permanent Resident of the USA and it is also a pathway of becoming a U.S. Citizen eventually. One of the most common ways of getting a Green card is via Family-Based Sponsorship.

Under the Family-Based Green Card Sponsorship, one should be related to the U.S. Citizen in one of the following manners:

  1. Immediate Relative of the US citizen (Spouse, Unmarried Child who is under 21 years & Parent of the US citizen who is over 21 years)

  2. Other relative of a U.S. citizen or relative of a lawful permanent resident under the family-based preference categories

  3. Fiancée of a U.S. citizen or the fiancée’s child

  4. Widow(er) of a U.S. Citizen

  5. VAWA self-petitioner (Victim of batter or extreme cruelty)

This post is limited to the brief discussion about the option of applying for a Family-Based Green Card when you are an immediate relative of a U.S. Citizen. Accordingly, one should first prove that there exists a relation that qualifies under the immediate relative criterion. To prove this relation, a Petition for Alien Relative is filed with the USCIS to establish the relationship between the alien (i.e., the person getting sponsored to become the green card holder) and the U.S. Citizen. The Petition can either be filed from abroad or while being physically present in the USA. If filing from within the U.S., it can be filed concurrently with the Adjustment of Status Application. Once the USCIS approves the Petition on the basis of the documentation submitted, it means that the relation between the U.S. citizen and the alien has been established. However, approval of the Petition does not mean that the citizenship of the alien has been approved. It only means that the close relative criterion has been fulfilled. Once the Adjustment of Status Application gets approved, the alien’s status gets adjusted to that of a green card holder.

If you are looking to get a green card for a family member in any of the above-mentioned categories, we advise you to seek the counsel of an experienced immigration attorney as the peculiarities of one’s case may demand special attention. You can rely on the expertise of our experienced immigration attorneys at Punhani Law Firm LLC. Reach out to us at +1(212)457-1153 or to schedule an appointment/consultation. Our offices are located in NJ/NY.

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