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How can a Green Card Holder (Permanent Resident) file for a Family Member?

Jun 03, 2018 Features / Columnists, News

The most common question presented to my office is how can a green card holder (permanent resident) submit a sponsorship petition for their relatives. As a green card holder (permanent resident), you may petition for certain family members to immigrate to the United States as permanent residents.
A green card holder may submit a family-based sponsorship petition for the following family members: (1) spouse (husband or wife), (2) unmarried children under 21, and (3) unmarried son or daughter over age 21.
CAN A GREEN CARD HOLDER FILE FOR A MARRIED CHILD?
No. A green card holder cannot file a family-based sponsorship petition for a married child. If a petition is submitted for an unmarried child and the child marries while the petition is pending, then the petition would be void and no longer valid when the child marries.
WHAT IS THE APPLICATION PROCESS?
To obtain a green card for your family member, you must file a family-based sponsorship petition, provide proof of your status to demonstrate that you are a permanent resident, submit evidence of the qualifying relationship such as a birth certificate, marriage certificate, divorce decree, etc., and submit proof of any legal name change for you or your family member (the beneficiary). After submitting the petition, the first notice received will be an approval notice. An approval notice means you have legally proven the relationship between the petitioner and beneficiary. An approval notice does not mean the visa is available and ready to be issued.
A year before the visa is ready to be issued, your petition will be sent to the National Visa Center (NVC). When the file is at the NVC, the petitioner is required to submit an affidavit of support and the beneficiaries are required to submit police clearances, civil documents, passport photos, copies of passport and an immigrant visa application.
The NVC will then forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as “Consular Processing.
WHAT ARE THE WAIT TIMES?
Currently, according to the June 2018 visa bulletin, the wait times for visa issuance is as follows:
– green card holder filing for a spouse or child under age 21 is 2 years
– green card holder filing for an unmarried child over age 21 is 7 years
Attorney Gail Seeram, LL.M., J.D., BBA
Text or Call 407-292-7730 | [email protected]
Live Chat – www.MyOrlandoImmigrationLawyer.com
FREE Consultation (Phone or Office)
Download our FREE App – Gail Law

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