How to Qualify for a Family-Based Green Card

When attempting to qualify for a green card, one of the most popular options is to apply for a family-based green card. There are many ways to obtain a green card in this category, and since you already have family in the United States, you will have an advocate who can help you through the process. While this is certainly helpful, it is still essential to understand all the qualifications you need to meet in order to get approved.

Qualifying Relatives

In order to get a family-based green card, you need to have a qualifying relative who meets all the legal requirements. The following are the list of immediate relatives who qualify to be your sponsors:

  • Your Spouse – This can be your current living spouse or a spouse who has passed away. They must be a US Citizen.
  • Battered Spouse – If you are married to a US citizen, or had intent to marry a US citizen but were then battered or a victim of extreme cruelty by this citizen, you may still qualify to sponsor .
  • Children – The children of US Citizens can qualify for this type of green card. Children are defined as any unmarried person who is under the age of 21. The child may also be a stepchild who has not reached the age of 18 at the time of the marriage.
  • Battered Children – A child who was battered by a US Citizen.

You can also qualify through the “Preference Beneficiaries” in many cases. These may require additional documentation but will often be the best option for getting a green card:

  • First Preference – Any unmarried sons or daughters of US citizens who are 21 or older.
  • Second Preference – Any spouse or child of a lawful permanent resident of the US or any unmarried sons or daughters of a lawful permanent resident.
  • Third Preference – Married sons and daughters of US citizens.
  • Fourth Preference – Siblings and half-siblings of US citizens who are at least 21 years old.

Having a qualified immigration attorney to help ensure everything is completed properly can also speed the process along and help ensure your application is approved. Please contact us today to learn more!

Written by Saleh and Associates

Saleh and Associates

Anis N. Saleh is President and Managing Shareholder of the Miami firm of Saleh & Associates, P.A., where he practices in all areas of Immigration and Nationality Law, including extensive experience in employment-based & family-based cases, deportation & removal hearings, and federal litigation.