Immigrating to the USA through Family Based Green Card

To facilitate reunification of families of nationals and PRs of the US, American government has established a comprehensive program to allow the American citizens and permanent residents to propose endorsement of the relations direct and within the purview of degree of the relationships defined in the statutes of the scheme. The relations could be well residing inside the country or offshore.

As per the provisions in the laws that control and guide the grant of Green Card Through Family reunification program, the person intending to nominate his or her relatives - within the defined categories of relationships – should be at least 21 years old. The relations who can be nominated for the permanent residence of the country can be categorized primarily into3 classes:

Class 1 - a national intending to nominate his relations can move petition under the following categories:

·         The people being  are immediate relations of the US nationals – spouse, unwedded children under the age of 21, and parents;

·         Relations slotted in the priority classification – unwedded sons or daughters aged over 21 years; wedded children of any age group; brothers and sisters aged above 21 years;

Class 2 – a Green Card Holder can also nominate immediatefamily members of permanent residents - spouse and unwedded children.

Class 3 -  the government of the country has created special provisions that enables it nominate immigrants - and residing within the jurisdiction of the US - in following categories:

·         Spouses and children, victims of domestic violence;

·         Widow(er) who were married to the time of demise a US national;

·         Children born – in the US - to diplomats of other countries who have not abandoned residence of the US since their birth; and  

·         Speeding up the process of relations of the US nationals – fiancés and their dependent children – who entered the country on the basis of the K (K1 and K2 visa) as nonimmigrants.

The application process for the Family Based USA Green Card usually starts with nationals or the permanent residents filing I – 130 on behalf of the would be beneficiaries. The process of request placement for residence permit in this class can be commenced by permanent residents or nationals for their relations who are either already residing legally in the country already, or for those who are yet to enter the country.

In other words, it is not necessary for the beneficiaries to be out of the country at the time of the placement of the I-130 request. In case the relations – to be sponsored - of the sponsoring national or permanent residents are already in the country, the beneficiaries must wait for the approval of the I – 130 petition to place their requests via form I – 485 for up-gradation  of residential status.

The family members falling under the immediate relation class of US nationals are permitted to place a simultaneous request, along with a form I – 130 request, vide form I – 485. This process is called a single phase procedure. The beneficiaries in this case are also allowed to follow a two phase process; wait for the I – 130 approval and then go ahead with the filing of I – 485.

If the beneficiaries of the nationals or permanent residents – placing an I – 130 – happen to be outside the country, they must undergo the visa grant process through the local embassy – that enjoys jurisdiction over the region of current residence of beneficiary for Immigrating To The USA Through Family Based Green Card.

The consular procedure is meticulous and organized into multiple phases; first the primary petition must be granted approval, only after the request for Immigration To The USA can be placed.