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Immigration Case Review

June 21, 2010

What You Need to Know About Family Based Immigration

Getting green cards through family is very common, but sometimes misunderstood. Clearly there are some laws you must follow, some tips which can save you time and money, and major benefits for you and loved ones if the petition for permanent residency status succeeds. Let’s answer some family based immigration questions.

What is a green card?

A green card allows you to live, study, and work in the United States. You are considered a permanent resident, though you will have to reapply every 10 years. There are many benefits: you can live here, study here, find jobs here, and petition for other family members to come too. It’s also the first step in earning U.S. citizenship.

What is citizenship?
Citizens of the United States have the most rights. You no longer have to file every ten years to stay in country if you’re a citizen. You can vote. You can pay taxes (technically you do with a green card too), making you eligible for benefits like Social Security and medical coverage. You can also travel when and where you want for the most part, with no difficulty in reentering the country; also, you can live somewhere else and still return to the U.S. as a citizen. If you only have a green card, it can be difficult to travel in and out of the country, and if you leave for extended periods, you may have to reapply. Citizenship for immigrants most often comes after first getting a green card.

How do you get a green card?
One of the most common ways to earn a green card – permanent resident status – is to apply through family. Technically, you have a better chance of an early decision with family based petitions. This is because family based petitions are put ahead of others. For example, if you are  a U.S citizen, you can sponsor your new spouse. This will be a much faster process than if you sponsor a distant relative. In other words, family based visas and green cards carry more weight the closer to you they are, or the closer the one you love is. If you are in need of being sponsored, your best options are to be sponsored by your spouse, parent, or sibling.

The Rules on Petitioning for U.S Citizenship

You can petition based if you are a U.S citizen under the following rules. If you want to be petitioned, this applies to you as well.

-You can be sponsored or you can sponsor via your spouse. You can also sponsor a child under 21.
-Your parent can sponsor you if you are at least 21 years old, or if you’re the parent you can petition an adult child.
-You can sponsor your unmarried child over 21, or their children.
-Finally, you can sponsor a sibling and is or her spouse and children (as long as you are over 21).

If you have a green card, or your loved one does, the rules are you can petition your spouse or your child under 21. Lastly, you can sponsor your unmarried child under 21 years.

How to Start
To get this process going, knowing the laws is one thing, but following them is another. You need an experienced immigration lawyer to help with your case. A lawyer can make sure you follow the above rules and more, giving you and your loved ones the best chance of getting green cards and eventually U.S. citizenship.