For many years, permanent residency card were printed on green backgrounds whereupon everyone starting call them “green cards.” The USCIS changed the background, but the “green card” moniker did not – everyone still called the cards “green cards” even though the cards were no longer green. Finally, USCIS relented and started printing the cards on a green background and hence the permanent residency cards are once again actually and metaphorically “green cards.”
Whatever the color, a permanent residency card allows you to remain indefinitely in the United States. In certain circumstances, a green card holder may petition for other relatives to come to the United States. Green card holders can leave and reenter the United States at will without the risk of being denied entry by an Immigration Official at the port of entry. Green card holders can work, travel, and obtain social security benefits, among other things. Importantly too, it is the first step to getting U.S. citizenship.
Green Cards Through Marriage
If you are legally married and your spouse has permanent residency or U.S. citizenship, that spouse can file an I-130 Petition for Alien Relative on your behalf. The I-130 petition is the first step in trying to get legal status. Once the I-130 is approved, you can apply for a green card here in the United States under certain circumstances. If not, you must obtain an immigrant visa abroad. If you entered the United States illegally, most likely you will have to leave the United States to get an immigrant visa at a U.S. Embassy or Consulate in your home country. If you have illegal presence in the United States (residing here in the United States without legal papers), you will have to get an I-601A Provisional Unlawful Presence Waiver before leaving the United States. If you have a deportation or removal order, you will first have to get an I-212 Permission to Reapply waiver. Both of these waivers are discussed on the Waivers page.
If you married your spouse when you were already in removal proceedings, there is a presumption that your marriage was fraudulent. However, this is merely a presumption and can be overcome with proper documentation and preparation. If you are already in deportation proceedings and you are detained and you wish to get married, the firm can assist you in that process.
The firm works hard to make sure you will get your green card through marriage and help you avoid any pitfalls that could keep you from getting your green card. Nevertheless, if you have been accused of marriage fraud, the firm has had great success appealing fraud determinations by USCIS to the Board of Immigration Appeals.
Immigrant Visas Based On An Immediate Relative
The following are the five categories of immediate relative:
- IR-1: Spouse of a U.S. Citizen
- IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen
- IR-3: Orphan adopted abroad by a U.S. Citizen
- IR-4: Orphan to be adopted in the U.S. by a U.S. citizen
- IR-5: Parent of a U.S. Citizen who is at least 21 years old
Immediate relative status is important because illegal presence and/or working without authorization are not bars to adjustment.
Green Cards Through Other Family Relationships
Family Preference Immigrant Visas: These visa types are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). There are fiscal year numerical limitations on family preference immigrants, shown at the end of each category. The family preference categories are:
- Family First Preference (F1): Unmarried sons and daughters of U.S. citizens (age 21 and over), and their minor children, if any.
- Family Second Preference (F2A): Spouses and minor children of lawful permanent residents.
- Family Second Preference (F2B): Unmarried sons and daughters (age 21 and over) of lawful permanent residents.
- Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children.
- Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children.
Unfortunately, illegal presence and working without authorization will bar adjustment based on the non-immediate relative family based petitions (F1, F2A, F2B, F3, and F4). In other words, you must maintain legal status and you cannot work without authorization or you will not be permitted to adjust status and get your green card here in the United States.
Although you may not be an immediate relative now, that does not mean that you cannot become an immediate relative at a later date. This is especially true of resident spouses who later get their citizenship. As soon as your resident spouse obtains citizenship, you could become an immediate relative who could immediately apply for adjustment in certain circumstances.