Green Card through Family

• Green Card through Family
  • Relative of a U.S. citizen
  • Relative of a Green Card holder
  • Fiancé(e) of a U.S. citizen
  • Widow(er) of a U.S. citizen
  • VAWA self-petitioner– victim of battery or extreme cruelty

If you are an immediate relative of a U.S. citizen, you may be eligible to become a lawful permanent resident (Green Card holder) based on your family relationship. Barutcu Law Office offers comprehensive support throughout the Green Card application process for immediate relatives of U.S. citizens. We ensure that all necessary forms and documentation are accurately prepared and submitted. Contact us for personalized assistance with your application.

Here are the eligibility requirements and the application process for immediate relatives.

You are considered an immediate relative if you are:

– The spouse of a U.S. citizen.

– The unmarried child under 21 years of age of a U.S. citizen.

– The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).

If you are currently in the United States and meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country. This process is known as “adjustment of status.”

As an immediate relative, you have the option to file Form I-485 together with (concurrently) the Form I-130, Petition for Alien Relative, filed on your behalf. You can also file Form I-485 while Form I-130 is pending, or after Form I-130 is approved and remains valid. Immigrant visas for immediate relatives of U.S. citizens are unlimited, meaning visas are always available for this category.

– If you have a pending Form I-485, you may apply for employment authorization by filing Form I-765, Application for Employment Authorization.

– You may also apply for an advance parole document by filing Form I-131, Application for Travel Document. An advance parole document allows you to appear at a port-of-entry to seek parole into the United States after temporary travel abroad.

U.S. immigration law permits certain noncitizens who are family members of U.S. citizens to become lawful permanent residents (obtain a Green Card) based on specific family relationships.

First Preference (F1)
– Unmarried sons and daughters (21 years of age and older) of U.S. citizens.

Third Preference (F3)
– Married sons and daughters of U.S. citizens.

Fourth Preference (F4)
– Brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).

U.S. immigration law also allows certain family members of lawful permanent residents (Green Card holders) to apply for a Green Card based on their family relationship. Barutcu Law Office provides comprehensive assistance for family-based Green Card applications, ensuring all forms and documentation are correctly prepared and submitted. Contact us for personalized support in your Green Card application process.

These family members fall under the second preference (F2) category and are further divided as follows:

Second Preference (F2A)
– Spouses and children (unmarried and under 21 years of age) of lawful permanent residents.

Second Preference (F2B)
– Unmarried sons and daughters (21 years of age and older) of lawful permanent residents.

U.S. immigration law permits a U.S. citizen to petition for their alien fiancé(e) to obtain a K-1 nonimmigrant visa to travel to the United States and seek admission. Within 90 days of being admitted as a K-1 nonimmigrant, the alien must enter into a bona fide marriage with the U.S. citizen who filed the Form I-129F, Petition for Alien Fiancé(e), on their behalf.

After being admitted to the United States as a K-1 nonimmigrant and marrying the U.S. citizen petitioner within 90 days, the alien spouse can apply for lawful permanent resident status (Green Card) in the United States.

Barutcu Law Office offers comprehensive support throughout the Green Card application process for K-1 nonimmigrants, ensuring all forms and documentation are accurately prepared and submitted. Contact us for personalized assistance with your application.

If you are currently in the United States and meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card. You must have married your U.S. citizen petitioner within 90 days of being admitted to the United States as a K-1 nonimmigrant.

When you marry your U.S. citizen petitioner within 90 days of admission as a K-1 nonimmigrant, you become an immediate relative. Immigrant visas for immediate relatives of U.S. citizens are always immediately available.

If you have been married to the U.S. citizen petitioner for less than two years at the time your Form I-485 is approved, USCIS will grant you lawful permanent resident status for two years on a conditional basis. You will need to meet additional requirements and file Form I-751, Petition to Remove Conditions on Residence, before USCIS will remove those conditions.

When you have a pending Form I-485, you may apply for employment authorization by filing Form I-765, Application for Employment Authorization.

The EB-4 visa category is for special immigrants, including Special Immigrant Juveniles (SIJ). The SIJ program provides certain noncitizen children present in the United States with a pathway to lawful permanent residency if they have been abused, abandoned, or neglected by one or both parents.

To be eligible for SIJ status, you must:

– Be under 21 years of age at the time you file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

– Be unmarried.

– Be declared dependent on a juvenile court, or legally committed to or placed under the custody of a state agency or department, or an individual or entity appointed by a state or juvenile court.

– Have a juvenile court order that declares that reunification with one or both of your parents is not viable due to abuse, abandonment, neglect, or a similar basis under state law.

– Have a juvenile court order that declares it would not be in your best interest to return to your country of origin or last residence.

1. Obtain a state court order that meets the eligibility criteria.
2. File Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, with USCIS.
3. Once Form I-360 is approved, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card.

At Barutcu Law Office, we provide compassionate and thorough assistance to SIJ applicants, ensuring that all necessary documentation is accurately prepared and submitted. Contact us for personalized support in your SIJ application process.

If you have been granted refugee or asylee status in the United States, you may be eligible to apply for a Green Card (lawful permanent residence). At Barutcu Law Office, we offer comprehensive support for refugees and asylees seeking to adjust their status to lawful permanent residents. Contact us for personalized assistance with your Green Card application.

For Refugees
– You must have been physically present in the United States for at least one year since being admitted as a refugee.
– You must still be a refugee or the spouse or child of a refugee.
– You have not had your refugee status terminated.
– You are not firmly resettled in another country.

For Asylees
– You must have been physically present in the United States for at least one year since being granted asylum.
– You must still meet the definition of a refugee (or be the spouse or child of such a refugee).
– You have not firmly resettled in another country.
– You continue to be eligible for asylum.