Permanent Residence (“Green Card”) Through Marriage or Close Relative

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Family reunification has always been an important part of our immigration law. However, the reality of family sponsored immigration does not always match the goal of family reunification. The immigration laws permit United States citizens and United States resident aliens to submit a petition to the Citizenship & Immigration Services to obtain immigrant status for an immediate relative. A United States citizen may submit a petition for a parent, spouse, unmarried child, married child, brother or sister. A United States resident alien may submit a petition for a spouse or unmarried child.

The United States citizen or resident alien that submits the petition is called the “petitioner”. The family member that is being sponsored for the immigrant status is called the “beneficiary”. In some cases the beneficiary may be allowed to include their spouse and minor unmarried children when they immigrate to the United States. The family members of the foreign relative are called “derivative beneficiaries”. As an example, when a United States citizen submits a petition for their brother, the brother’s spouse and minor unmarried children are derivative beneficiaries. However, when a United States citizen submits a petition for their parent, only that parent may immigrate; a separate petition must be submitted for the other parent; and the parent’s children (the petitioner’s brother or sisters) are not derivative beneficiaries.

The instructions for the petition, referred to as a form I-130, require that the petitioner submit proof of United States citizenship or resident status and of the relationship to the foreign relative. The United States immigration laws permit only United States citizens 21 years of age or older to submit petitions for their parents. The law is also very specific about who is a child. A petitioning father may have to submit additional proof of relationship to a child born outside of a marriage. There are also special rules for step-children and adopted children.

When the beneficiary is being sponsored by a United States citizen spouse or resident there is an additional burden on the petitioner and beneficiary to prove that the marriage is real and not just for the purpose of obtaining immigration benefits. It is very important that the petition submitted to the Citizenship & Immigration Services is supported well with documents.

The Citizenship & Immigration Services reviews the petition and decides if the required relationship exists between the petitioner and beneficiary. If approved by the Citizenship & Immigration Services the petitioner is notified through the mail with an approval notice. The Citizenship & Immigration Services then either retains the form I-130, or forwards the form I-130 to the Department of State National Visa Center for further processing. When the Citizenship & Immigration Services approves the form I-130 it is affirming that the required relationship exists. The beneficiary must also prove that the meet the other requirements for immigrant status.

Once the immigrant petition is reviewed and approved by the Citizenship & Immigration Services the beneficiary must wait until a visa is available in the immigrant category for which they have been approved. The immigrant category may be available immediately or it could require a wait of longer than ten years. When the beneficiary’s place in line has finally been reached, the beneficiary must apply for resident status.

The beneficiary then applies for resident status either by submitting an application for an immigrant visa through the National Visa Center and having an interview with a consul at the United States Consulate in their country of last legal residence or citizenship; or in very limited circumstances through an application for adjustment of status to lawful permanent resident status filed with the Citizenship & Immigration Services.