What are Family-Based Green Cards?
If you are an immediate relative of a U.S. citizen, you can become a lawful permanent resident (get a Green Card) based on your family relationship if you meet certain eligibility requirements. You are an immediate relative if you are:
- The spouse of a U.S. citizen
- The unmarried child under 21 years of age of a U.S. citizen
- The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).
Eligibility Requirements To Receive Family Based Green Cards
In order to be eligible for a Green Card as an immediate relative, you must meet the following requirements:
- You properly file Form I-485, Application to Register Permanent Residence or Adjust Status
- You were inspected and admitted or inspected and paroled into the United States
- You are physically present in the United States at the time you file your Form I-485
- You are eligible to receive an immigrant visa
- An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application
- Note: A visa is always available for immediate relatives.
- The relationship to the family member who filed Form I-130, Petition for Alien Relative, for you still exists
- None of the applicable bars to adjustment apply to you
- You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief
How To Apply For A Family Based Green Card
If you are currently in the United States and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card without leaving the country. This is called “adjustment of status.”
As an immediate relative, you may file your Form I-485 together with the Form I-130, Petition for Alien Relative filed on your behalf, while the Form I-130 is pending, or after the Form I-130 is approved (and remains valid).