123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Obtaining A Green Card For An Immediate Relative Of A U.s. Citizens

Profile Picture
By Author: Michael Smith
Total Articles: 267
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

Living in the US is a privilege and an honor. It is a life that many would want to live. Immigrating to the US however, is not an easy task. Immediate relatives of U.S. Citizen have to fit into the narrowly tailored definition of §201(b) of the Immigration and Nationality Act. Immediate relatives of U.S. Citizen are defined as:
1. The spouse of a U.S. Citizen;
2. The unmarried child of a U.S. Citizen under 21 years old;
3. The parent of a U.S. citizen who is at least 21 years old

Moreover, the law distinguishes between family relationships of U.S. Citizens and U.S. Permanent Residents. More importantly, there is no limit to the amount of visas issued to immediate relatives of U.S. Citizens.

There are two ways to apply for an Immediate Relative of a U.S. Citizen. The U.S. Citizen can file Form I-130 for the Alien Relative while the Alien Relative is physically in the U.S. or through what is referred to as Consular Processing. Consular Processing is the process by which the Alien Relative who is not currently residing in the U.S. applies for an immigration visa at a U.S. Consulate overseas. ...
... Applying for a an Alien Relative currently in the U.S. is a two step process and is not automatic or guaranteed and depends on eligibility. Upon filing Form I-130 by the U.S. Citizen, and while pending approval, the beneficiary or Alien Relative can then file Form I-485 seeking "Adjustment of Status." On the other hand, consular processing requires only the U.S. Citizen to file Form I-130. The next step in this process is the issuance of a visa on the approved I-130 petition by the Department of State. The Alien Relative can then travel to the U.S. and become a permanent resident when allowed to enter the U.S. at the port of entry.

In petitioning for a Green Card for the spouse of a U.S. Citizen, the USCIS reviews to see whether the marriage is a sham marriage or a genuine marriage. A sham marriage is a marriage that is intended to circumvent immigration laws. A genuine marriage for immigration purposes is examined by looking at the couple's intent at the time of the marriage, and whether the couple intended to establish a life together when they entered the marriage.

A U.S. citizen's unmarried child under 21 years old is also considered an immediate relative, and there are no limits to the amount of visas issued. Section §101(b)(1) of the Immigration and Nationality Act contains the definition of a "child." While the definition is too voluminous to list here, it includes children born in wedlock and out of wedlock. What is important to show is that a parent-child relationship exists at the time of the petition. Moreover, the child must be under the age of 21 and unmarried when the visa is issued.

Lastly, a U.S. Citizen must be 21 years or older when applying for a parent as an immediate relative. Similar to above, a parent-child relationship must exist at the time of the petition.

The points discussed above are meant to highlight some of the benefits available to a US Citizen in obtaining a Green Card for an immediate relative, and is not meant to be an all-inclusive list. Always consult with an attorney to determine what is appropriate for your specific needs.

How to apply for a green card for an immediate relative of a U.S. Citizens in the country.

Total Views: 434Word Count: 577See All articles From Author

Add Comment

Legal Articles

1. Marriage-based Green Card: Timeline, Costs, And Common Rfes
Author: Berd & Klauss, PLLC

2. Equivalency Certificate Services In Dubai, Uae: Why Attestation Alone May Not Be Enough
Author: Prime Global

3. Canada Express Entry Program | Immigrate To Canada From India
Author: Atul

4. Fidic Disputes Explained: Why Construction Contracts So Often End Up In Arbitration
Author: Andy

5. When Should A Business Hire A Corporate Lawyer?
Author: Shelly

6. Solicitors In Birmingham: How To Choose The Right Legal Support
Author: Ranking Core

7. How A Medical Malpractice Lawyer In Washington Can Help After Medical Negligence
Author: Bounnie Miller

8. Sovereign Disputes Vs Commercial Disputes: Why The Arbitrator's Experience Matters
Author: Andy

9. 7 Proven Steps To Secure An Anticipatory Bail Lawyer Delhi And Protect Your Freedom
Author: Pramanika Legal

10. Divorce In Dubai: Common Legal Challenges And How To Handle Them
Author: BR Law Firm

11. Best Advocate Firm In Dwarka: Trusted Legal Guidance With A Human Approach
Author: SBIG Legal

12. Banking Disputes Across Borders: When Should Financial Disputes Go To Arbitration?
Author: Andy

13. Best Divorce Lawyers In Hyderabad – Expert Legal Support For Matrimonial Matters
Author: nagaraju goud

14. Best Family Lawyers In Hyderabad – Trusted Legal Guidance For Family Matters
Author: nagaraju goud

15. One Size Does Not Fit All: Sector Expertise Across Commodity, Shipping And Construction Arbitration
Author: Andy

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: