Family Based Green Card

Texas Family Green Card Attorneys

A Green Card, Alien Registration Receipt Card Form I-551, is the permanent work and residence permit for foreign nationals who reside legally in the U.S.

A family based Green Card is issued based on the fact that you have a relative who is a citizen or a lawful permanent resident of the U.S. Many people become permanent residents (get a green card) through family members. The United States promotes family unity and allows U.S. citizens and permanent residents to petition for certain relatives to come and live permanently in the United States. You may be eligible to get a green card through a family member who is a U.S. citizen or permanent resident, through a job, through refugee or asylum, etc.

There are two distinct paths through which you can get your green card. Many family members who are already in the United States may qualify for adjustment of status to permanent residence in the United States, which means they are able to complete their immigrant processing without having to return to their home country. Those relatives outside the United States or those who are not eligible to adjust status in the United States may be eligible for consular processing through a U.S. embassy or consulate abroad that has jurisdiction over their foreign place of residence.

1. ELIGIBILITY:

To be eligible to sponsor a relative to immigrate to the U.S. you must:

• Be a citizen or a lawful permanent resident of the U.S. and be able to provide documentation proving your status;
• Prove that you can support your relative at 125 per cent above the mandated poverty line.

2. SPONSORSHIP:

As a U.S. citizen, you may petition for the following foreign national relatives to immigrate to the U.S:

• Husband or wife;
• Unmarried child under 21;
• Unmarried son or daughter over 21;
• Married son or daughter of any age;
• Brother or sister, if you are a least 21 years old; and
• Parents, if you are at least 21 years old.

If the petitioner is a green card holder, he or she may sponsor:

• Husband or wife; or
• Unmarried son or daughter of any age.

3. OBTAINING A FAMILY GREEN CARD:

If you want to become a lawful permanent resident based on the fact that you have a relative who is a U.S. citizen or a relative who is a lawful permanent resident, you must go through the following multi-step process:

• United States Citizenship and Immigration Services (USCIS) must approve Form I-130, Petition for Alien Relative, for you. This petition must be filed by your relative (sponsor) and must be accompanied by proof of your relationship to the requesting relative
• The Department of State must determine if an immigrant visa number is immediately available to you, the foreign national, even if you are already in the U.S. When an immigrant visa number becomes immediately available to you, it means that you can apply to have one of the immigrant visa numbers assigned to you
• If you are:

- In the U.S., you may apply to Adjust your Status to that of a lawful permanent resident after a visa number becomes available for you - Outside the U.S. when an immigrant visa number becomes available for you, you must go to the U.S. consulate having jurisdiction over the area in which you reside to complete your processing

Visa processing can be difficult and confusing. If you would like the assistance of an experienced immigration attorney, please contact the firm by e-mail or call our offices. Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an immigration law attorney in the Austin office, call 512.476.5757. For the San Antonio office, call 210.223.5553. For the Houston office, call 713.225.7474.