Permanent residents have the authorization to live and work permanently in the United States. United States allows US citizens and permanent residents to help their immediate relatives to immigrate to United States on a permanent basis. Family based immigration is an immigrant visa classification which allows a foreign individual to become a permanent resident through a family member in the United States who is either a US citizen or a lawful permanent resident.
If you are a US citizen or a lawful permanent resident, you may then petition for your immediate relatives for a green card. Obtaining a Green Card for your family is a two step process. The first step is filing the Family Immigration Petition. This is filed to establish a qualifying relationship between yourself and your immediate relative. The second step involves applying for a green card. If the family member is inside the United States, then the applicant may qualify to adjust status to permanent resident without returning to their home country. Or if the family member is outside the United States, then the applicant must file the petition at the United States consulate or through an US Embassy that has jurisdiction over their foreign place of residence.
Green Card for Your Father:
Although the immigration law has given the privilege to both US citizens and lawful permanent residents to petition for their family members, only US citizens are allowed to petition for their parents. If you are looking out to obtain green card for your father, then you need to satisfy the following requirements.
1. To be eligible to petition for your father:
- you must be a US citizen
- you must be at least 21 years of age.
2. Your father must fall into one of these categories.
- Must be your natural father
- if step father, then he must have married your mother before you turned 18
- if adopted father, then you must have been adopted before you turned 16.
3. You must then file Form I 130 to petition your father. This form is used to request an immigrant visa for your father. You need to file your petition with USCIS along with supporting documents such as naturalization certificate or a US. passport. Submit your petition to the appropriate USCIS address.
4. When you send your petition to USCIS you must ensure you include the required supporting documents. The list of the supporting documents is given below.
- Birth Certificate showing he is your natural father
- Provide name change proof if your father has changed his name
- Natural parent’s marriage certificate. (If stepfather, provide marriage certificate to your biological mother)
- If you were adopted, then adoption decree before you turned 16 and a statement which mentions the places and time you lived with your adoptive parents
5. Once the I 130 petition to obtain a green card for your father has been approved, your father can apply for a green card. If your father is outside US he has to apply at a US consulate. If he is inside US, he should apply for adjustment of states with USCIS.
Green Card holders (Permanent Residents) have been authorized to live and work permanently in the US. Family based immigration is an immigrant visa classification where it allows an individual to become a permanent resident through a family member who is a citizen or permanent resident of the United States. Most people get green card through parents / spouse / siblings. The United States allows U.S. citizens and permanent residents to petition for their relatives (specific people only) to come and live permanently in the United States.
How can my family get a Green card?
Obtaining a Green Card for family is a two step process. The first step is Family Immigration Petition where they must establish a qualifying relationship between the Petitioner (US Citizen/ Permanent Resident) and the Green Card applicant. There are two categories where the applicants may get their green card. One is, if the family member is inside US then the applicant may qualify to adjust status to Permanent Resident without returning to their home country. Or if the family member is outside US , then he/she may be eligible for Consular processing through a Consulate or through an US Embassy that has jurisdiction over their foreign place of residence.
The applicants may be eligible to obtain a Green Card through family member who is a US citizen or a Permanent Resident.
If the family member is a U.S. Citizen then the applicant may be able to get a green card as an immediate relative (spouse and children) or as a family member (parents / siblings) . This is possible when the U.S. citizen family member files a Form I-130, Petition for Alien Relative, for the applicant.
If the applicant is the spouse (husband or wife), or the child (unmarried and under 21 years old), or the parent (if the U.S. citizen is 21 years or older) of a U.S. Citizen then they fall under the category Immediate Relatives. An applicant is called the Family Member of a U.S. citizen if he/she is an unmarried son or daughter (21 years or older) , a married son or daughter (any age) or a sibling (brother or sister) of a U.S. citizen.
If the Family Member is a Permanent Resident then the applicant may be able to get a green card as an immediate relative (spouse and children) or as a family member (parents / siblings) . This is possible when the Permanent Resident /Green Card family member files a Form I-130, Petition for Alien Relative, for the applicant.
If the applicant is the spouse of a Green Card holder, or the child (unmarried and under 21 years old / above 21 years) of a Green Card parents, then the applicant is called Immediate Relative.
There is also another way of Family Immigration which is through Special Categories. The applicant may get the Green Card if he/she is a battered child or spouse of a U.S. citizen, entered the United States with a K1 visa/ K3 visa, obtained V non-immigrant status, a widow(er) of a U.S. Citizen , or born to a foreign diplomat in the United States. If the applicant applies based on the Special Category, he/she must provide relevant proof of the required evidence.