Chicago Immediate Relative Visa Lawyer
GREEN CARDS FOR IMMEDIATE RELATIVES
You Might Be Eligible for a green card as an "Immediate Relative" of a US Citizen
Immediate relatives of US citizens are spouses, children, and parents.
There are no green card visa restrictions for immediate relatives. In most cases, immediate relatives will be able to receive their green cards within 6 to 12 months.
USCIS will initially issue a 2 year conditional green card when the marriage of which the petition was based on is less than two years old.
For a child to be considered as an immediate relative, he or she has to be under the age of 21 and unmarried. US citizen parents who file I-130 for their child before their 21st birthday, the child's age will be frozen at 20 years old even though the child will probably be over 21 when she actually receives her green card. Step children and adopted children have special rules.
A US citizen child can sponsor their immediate relative parent if they are at least 21 years old.
Getting Your Green Card While Living in the US
An immigrant who wants to receive their green card while living in the US will need to go through a process of filing their Adjustment of Status application at the same time they file their Form I-130. Further, an applicant can submit their Adjustment of Status I-485 any time after their I-130 is either approved or pending.
Getting your Green Card While Living Outside the US
When the immediate relative lives outside the US, they can become a permanent resident while living outside the US through Consular Processing. Consular processing happens when the Department of State conducts an interview with the applicant after receiving approval of the I-130. The immediate relative applicant will receive a visa to travel to the US and will become a permanent resident when he is admitted into the US.
When the applicant is up for interview at the consulate, the Department of State will notify the applicant. However, if the immigrant visa application is not submitted within 1 year from the notice of the Department of State, the petition may be terminated.
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