A green card will allow your family member to legally reside in the U.S. U.S. Citizens can sponsor an immediate family member, such as a spouse, fiancée, parent, or child under 21, for a green card. Legal Permanent Residents can sponsor a spouse or child under 21 for a green card. This process can either be done while the family member is abroad, or in the U.S.
If your family member is in the U.S., you may file to adjust their status to “permanent resident,” which would entitle them to a green card. Not everyone is eligible to adjust their status. Fortunately, US Citizens can petition for their spouse, parent, or child under 21 to adjust status in the U.S. Additionally, Legal Permanent Residents can petition for a spouse or child under 21 to adjust status in the U.S. For example, a good faith marriage to a U.S. citizen allows a foreign national to apply to change their status to “permanent resident”, thus, earning a green card. The U.S. citizen spouse must “sponsor” the foreign national spouse to adjust their status.
If your family member is outside of the U.S. when you file, you will file for their eligibility to receive a green card using form I-130. When this is approved, your family member would proceed through consular processing at the U.S. Embassy or Consulate in their country. If approved after this interview, they will be granted a visa to enter the U.S. and will receive their green card one they have entered the U.S.
If you have questions about whether your loved one would qualify for family-based immigration, please contact Maged & Rost to schedule a consultation.