Get A Green Card Through A U.S. Family Member Who Qualifies Nolo

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Green Card Through a

U.S. Family Member: Who
Qualifies?
Relatives of U.S. citizens and permanent residents may,
in some cases, qualify for U.S. lawful permanent
residence.
By Ilona Bray, J.D.
If you have close family members in the United States,

they may be able to help you immigrate (receive U.S.
lawful permanent resident, also known as a “green
card”). Whether you will succeed at this depends first on
what relation the U.S. family member is to you. The
closer your relationship, the more rights you have under
U.S. immigration law.
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Your success at getting a U.S. green card through family

also depends on whether your relative is a U.S. citizen
or lawful permanent resident (green card holder). U.S.
citizens can bring more distant relatives than green card
holders can—their parents and brothers and sisters, for
example. Also, the U.S. citizens’ status means that their
relatives are allowed, in many cases, to immigrate faster
than lawful permanent residents’ relatives are.
Nobody, no matter how close the family relationship to

someone in the U.S., goes straight from having no
status to being an actual U.S. citizen. This status is
reserved for people who have held a green card first—
with the exception, in some cases, of people who have
U.S. citizen parents. See How to Become a U.S. Citizen
for more information on this.
Key Features of Family-Based Green

Cards
Here are some advantages and disadvantages to green

cards obtained based on U.S. family relationships:
Unlike with many other types of green cards, the
applicant’s educational background or work
experience do not make a difference to your
eligibility.
The primary applicant’s spouse and unmarried
children under the age of 21 may also be eligible
for green cards, as derivative, accompanying
relatives.
As with all green cards, yours can be taken away if
you misuse it. For example, if you make your
primary home outside the U.S., commit a crime, or
neglect to tell the immigration authorities of your
change of address, you may be placed into
removal proceedings. However, if you successfully
keep your green card for five years (or three years
if you are married to and still living with a U.S.
citizen all that time), you can apply for U.S.
citizenship.
Eligibility Categories of Green Cards

Through U.S. Relatives
You may qualify for a green card through relatives if you

fall into one of the following categories:
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immediate relative of a U.S. citizen

preference relative of a U.S. citizen or green card
holder, or
accompanying relative of someone in a
preference category.
Who Qualifies as an Immediate

Relative
Immediate relative status is the best you can hope for,

because immediate relatives may immigrate to the U.S.
in unlimited numbers. They are not controlled by the
annual limits or quotas that affect the preference
relative categories, which create years-long waits for a
green card.
The following types of foreign-born people qualify as

immediate relatives:
Spouses of U.S. citizens. This includes couples
who are legally married (regardless of where the
marriage took place), as well widows and
widowers of U.S. citizens if they were married to
the U.S. citizen for at least two years and are
applying for a green card within two years of the
U.S. citizen’s death. For details on this category,
see Marriage-Based Visas and Green Cards.
Unmarried children of a U.S. citizen, under the
age of 21, (see the definition of "child" for U.S.
immigration law purposes), and
Parents of U.S. citizens, if the U.S. citizen child is
age 21 or older. (Parents of permanent residents
have no immigration option through their children
unless and until those children become U.S.
citizens, as described in How Soon Can We
Immigrate to U.S. Through Child With Green Card
(Lawful Permanent Residence)?)
Stepparents and stepchildren qualify as immediate

relatives if the marriage creating the parent/child
relationship took place before the child’s 18th birthday.
Parents and children related through adoption may also,
in some cases, qualify as immediate relatives.
Who Qualifies as a Preference

Relative
Preference relative status is also a useful way to obtain

a U.S. green card, but not necessarily a fast one.
Depending on demand, you will have to wait in line,
possibly for many years or even decades, before
claiming your green card.
You qualify as a preference relative if you fit one of the

categories below:
Family first preference. Unmarried children, any
age (but presumably age 21 or older), of a U.S.
citizen.
Family second preference. This category is
further divided into two subcategories.
Subcategory 2A is for spouses and unmarried
children (under 21 years old) of green card
holders; and 2B is for unmarried sons and
daughters of green card holders, who are already
21 years old or older.
Family third preference. Married children of a U.S.
citizen, any age.
Family fourth preference. Sisters and brothers of
U.S. citizens, where the U.S. citizen is at least 21
years old.
For details on what what to expect in these categories,

see How Long Is the Wait for Your Priority Date to
Become Current?
Who Qualifies as an Accompanying

Relative
In the preference categories, once a U.S. citizen or

resident submits a visa petition for a foreign-born
relative, that person’s spouse and children (unmarried,
under the age of 21) will automatically be included in the
immigration process (if they wish) as a so-called
“derivative” beneficiary.
The U.S. petitioner needs only name them on the initial

visa petition (Form I-130) to start the process for them.
(Eventually, however, they will have to submit their own,
independent applications for an immigrant visa or green
card.)
This derivative benefit applies to:

Family first preference cases, where a U.S. citizen
is petitioning for an unmarried child age 21 or
older.
Family second preference cases, where a
permanent resident petitions for a husband, wife,
or unmarried child.
Family third preference cases, where a U.S.
citizen is petitioning for a married child.
Family fourth preference cases, where a U.S.
citizen at least 21 years old petitions for a sibling.
Also, this category does not include biological
siblings of someone who immigrated through
adoption by a U.S. family.
This benefit does not, however, apply to immediate

relatives. So, for example, if a U.S. citizen petitions for a
foreign-born husband or wife who has children, the
citizen will need to separately petition for any children—
which is possible only if they qualify as his or her
stepchildren.
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Green Card Through a

If you have close family members in the United States,

Need Immigration Help? We've

show all options forward >

Your success at getting a U.S. green card through family

Nobody, no matter how close the family relationship to

Key Features of Family-Based Green

Here are some advantages and disadvantages to green

Eligibility Categories of Green Cards

You may qualify for a green card through relatives if you

Featured Immigration Law Firms In Houston, TX

Mayday Law O!ce

VIEW ALL 55 FIRMS ›

immediate relative of a U.S. citizen

Who Qualiﬁes as an Immediate

Immediate relative status is the best you can hope for,

The following types of foreign-born people qualify as

Stepparents and stepchildren qualify as immediate

Who Qualiﬁes as a Preference

Preference relative status is also a useful way to obtain

You qualify as a preference relative if you ﬁt one of the

For details on what what to expect in these categories,

Who Qualiﬁes as an Accompanying

In the preference categories, once a U.S. citizen or

The U.S. petitioner needs only name them on the initial

This derivative beneﬁt applies to:

This beneﬁt does not, however, apply to immediate

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Enter Zip Code

Provide your contact information

Choose attorneys to contact you

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FREE LEGAL INFORMATION

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