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PERMANENT RESIDENCY/GREEN CARDS THROUGH RELATIVES
An Important distinction-Immediate vs. non immediate relatives
Immediate relatives of US citizens:
Once the required petition has been approved certain 'immediate relatives' of US citizens should be able to obtain a Green card without any further significant delay.
Furthermore, if the Immediate relative of a US citizen is already in the United States having entered originally on a valid visa, the same should be able to obtain a Green card through the process known as 'Adjustment of status. This in effect means that they will be able to obtain work authorization while the underlying petition is pending.
Non immediate relatives
Annual quotas apply to 'Non immediate relatives' of United States citizens or Green card holders. Lenghty delays are often incurred before they actually receive their green card. These delays vary depending on the class of relative and the current state of the back-log.
A spouse of a green card holder is considered a 'non immediate relative. At the time of writing such a relative is subject to more than a four year wait.
Contrast this with the situation when someone is awarded a Green card thru, for example labor certification. In this case the person's actual spouse and children under 21 years obtain green cards as derivative beneficiaries.
Note: Aunts, uncles, grand parents, in-laws and cousins cannot sponsor a relative for immigration.
IMMEDIATE RELATIVES DEFINED
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An immigrant visa may only be processed for a child if he/she has no claim to U.S. citizenship |
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U.S. citizen must be 21 or over |
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Step-parent, step-child relationship must occur before the child’s 18th birthday |
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Petition must be filed within 2 years of the death of the U.S. citizen |
NON IMMEDIATE RELATIVE DEFINED
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U.S. citizen must be 21 or over |
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