Permanent residency in the United States is often referred to as having a Green Card. Holders of Green Cards have the following rights:
- The right to live in the United States permanently
- The right to apply for naturalization after living as a permanent resident for a period of five years, or three years if the Green Card holder is applying based upon marriage to a United States citizen.
- The right to work in the United States.
- The right to reenter the United States after traveling abroad.
Green cards can be obtained under the following four main categories:
1. FAMILY BASED IMMIGRATION
United States citizens can petition for their alien parents, spouses, children and brothers and sisters. Permanent Residents can petition for their spouses and children. Generally the sponsor applicant will complete an alien relative petition (form I-130), which demonstrates the necessary family relationship. In the case of an Immediate Relative, an application for adjustment of status (form I-485) will be filed along with the alien relative petition.
There are no preference quotas and therefore no priority dates for petitions filed in the case of immediate relatives. For all others there are preferences and the priority date will be set when the petition is filed. When the date is considered to be Acurrent@ the alien may apply for permanent residency.
IMMEDIATE RELATIVES
United States citizens have the ability to petition to bring in immediate Relatives. Immediate Relatives are not subject to priority dates or quotas, and the sponsor can start the process immediately. Immediate Relatives include
- Spouses of United States citizens
- Children of United States citizens (children are defined as under 21 years old)
- Parents of adult US citizens
- Spouses of deceased United States citizens when married for a minimum of two years prior to the citizens death.
PREFERENCES
First Preference
F-1 Unmarried sons and daughters of US citizens (sons and daughters are defined as 21 or older)
Second Preference
F-2A Spouses and unmarried children of permanent residents, F-2B Unmarried sons and daughters of permanent residents
Third Preference
F-3 Married sons and daughters of US citizens
Forth Preference
F-4 Brothers and sisters of US citizens
The relationship is only one criteria in determining preference. A second criteria includes the relative=s country of origin. Economically poor countries have the longest waiting periods.