OBTAINING PERMANENT RESIDENCY THROUGH A FAMILY MEMBER

Introduction

Depending on how close the family member is it is possible to obtain a green card through being related to either a US citizen or a permanent resident (Green card holder).

The critical distinction is whether the relative is considered immediate or non-immediate.

Immediate relatives of United States citizens receive the most preferential treatment in that their is no annual quota on the number of visas that are issued to them. Theoretically green cards are immediately available for them, although of course their applications must be processed.

Non immediate relatives of both US citizens and those related to Green card holders-including even spouses of green card holders-are often subject to lengthy delays, which can range form 4 to 10 years or even longer.

Adjustment of status based on a relative petition

Immediate relatives of US citizens can adjust status that that of a permanent resident as long as they entered the country with a valid visa. This is the case even if they subsequently overstayed the period of admission given them upon entry.  They may also obtain temporary work authorization and a social security number during the adjustment of status process.

Note that unlike for a souse of a US citizen, a spouse of a permanent resident/green card holder is considered a 'non immediate relative' and us currently subject to around a 4 year wait.

This is in direct contrast to the situation when one spouse is awarded a Green card through, for example their employment. In this situation the person's existing spouse and children under 21 years receive green cards as derivative beneficiaries.

Note that immediate relatives of Us citizens are not subject to lengthy waits above and beyond the time it takes to process their applications.

1. Spouses of United States citizens

2. Parents of United States citizens provided the US citizen is over 21 years of age

3. Step-parent or child of a U.S. Citizen-as long as the step relationship was formed before the 18th birthday of the step child

4. Spouse of a deceased U.S. citizen-provided the petition is filed within two years of the death of the US citizen

NON IMMEDIATE RELATIVES OF US CITIZENS AND PERMANENT RESIDENTS

Note that the below are subject to annual quotas and hence lengthy waits.

Unmarried Sons or Daughters over the age of 21 of a U.S. citizen
Spouse or Unmarried Sons & Daughters of a Lawful Permanent Resident
Married Sons & Daughters of a U.S. Citizen
Brothers or Sisters of a U.S. Citizen aged over 21 years