Here’s a breakdown of some general eligibility requirements, but remember, these can vary depending on your unique circumstances. An experienced immigration lawyer can provide a more tailored assessment of your eligibility for a Family-Based Green Card and guide you through the entire process.
Valid Family Relationship
You’ll need to provide the U.S. Citizenship and Immigration Services (USCIS) with documented proof of your qualifying relationship to a U.S. Citizen or Green Card Holder sponsoring you, such as a Marriage Certificate or Birth Certificate. This establishes the basis for your Green Card application.
Form I-130 Petition Approval
The first step is for your U.S. Citizen or Green Card Holder relative to file Form I-130, Petition for Alien Relative, on your behalf. This petition is a formal request to USCIS to recognize your family relationship. Approval of this petition is crucial before you can move forward with the Green Card application itself.
Eligibility for Adjustment of Status
If you are currently in the United States with a valid nonimmigrant visa, you may be eligible to apply for an Adjustment of Status to become a Green Card holder without leaving the country (Concurrent Filing). This can be a more streamlined process than Consular Processing, which involves applying for a Green Card from a U.S. Consulate or Embassy abroad.
Other considerations
Additionally, USCIS may consider some other factors when evaluating your eligibility, such as:
- Criminal Background. A serious criminal history can be an obstacle, but an immigration lawyer can advise you on how this may impact your case.
- Unlawful Presence. The amount of time you may have spent in the U.S. without authorization can be a factor. There are waivers available in certain situations, and an attorney can explore your options.
- Medical Examination. You may be required to undergo a medical examination by a USCIS-approved doctor.
Remember, this is not an exhaustive list, and immigration law can be complex. If you have questions about your eligibility or the Family-Based Green Card process, consult with an immigration lawyer. They can provide you with personalized guidance and ensure you understand the eligibility requirements specific to your situation.
