Lawful Permanent Residence (Immigrant Visas)
“Family-Based Green Cards”
A foreign national who wishes to remain in the U.S. beyond the brief period of time allowed from a temporary visa (“nonimmigrant visa”) should apply for lawful permanent residence (“immigrant visa).
Lawful permanent residence (LPR) is more commonly known as a green card because the physical ID card given to foreign nationals in LPR status is green. As an LPR the foreign national has the legal right to live in the U.S. permanently. They are authorized to work in the U.S. and enjoy many of the same rights as citizens, though they can’t vote in federal, state or local elections.
While there are different paths to obtaining a green card, the following provides information regarding family-based green cards.
Family-Sponsored (F) Green Card
The flow chart graphic provides a general overview of the family-based green card process.
Regardless of the specific family-sponsored green card preference the process will be the same. The petitioner must file the Petition for Status I-130 (Petition for Foreign National Relative) and the Green Card Application I-485 (Application to Register Permanent Residence or Adjust Status). Often times the two petitions can be filed together, however the Green Card Application will not be processed until the Petition for Status has been approved.
The family-sponsored green card preferences are based upon the familial relationship between the petitioner (U.S. family member) and the beneficiary (foreign national family member(s)). The following preferences are defined according to the Department of States (DOS) Visa Bulletin website:
“First (F1) – Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:
A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.
Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.”
The U.S. government sets the number of available family-sponsored green cards at the beginning of the fiscal year. Unfortunately, the number of applicants far exceed the number of available visas each year. Therefore, many beneficiaries will have to wait before they are able to submit their Green Card Application (I-485). The waiting period for the green card application is based upon the beneficiary’s preference, country of birth, and the date of filing or final action date. The DOS Visa Bulletin provides a monthly update that indicates when the beneficiaries can move forward with filing their Green Card Application.
Appointments and Interviews
After the foreign national has submitted their green card application, but before it has been approved, USCIS will request to collect the foreign national’s biometric information. The purpose of the biometrics appointment is to verify the applicant’s identity and conduct the necessary background checks. During the appointment, USCIS will collect fingerprints, a photograph, and a signature from the foreign national. The fingerprints will be used to run a background check, including criminal background check with the FBI.
The USCIS notice for the biometric appointment will provide the date, time, and location of the appointment. The foreign national can reschedule their appointment, if necessary, but its best to do so promptly as any waiting could cause delays in the overall green card process. Rescheduling the appointment can be completed through their USCIS account.
During this waiting period between the green card application and the decision, USCIS can also request an interview. Unlike the biometrics appointment, not every foreign national is required to attend an interview. USCIS can request an interview for a green card application to verify information, assess eligibility, and ensure the application is not based on fraud.
**It is more common in family-based cases for an interview to be requested than in employment-based cases. Be prepared to receive an interview notice if a family-based preference.
USCIS will continue to process the foreign national’s green card application with the completion of the biometrics appointment and if applicable the interview.
Decision
USCIS provides a decision on the foreign national’s case. If approved, the foreign national will receive their Green Card. They are now a Lawful Permanent Resident!