Obtain permanent residence through a relative

One of the options to access the Green Card and obtain the Status of Legal Permanent Resident (LPR), is through specific family relationships with US citizens.

The immigration laws of the United States allow some foreign relatives of US citizens or LPR, to access benefits such as the Green Card. For example, if the alien is the spouse, minor child, or parent of a US citizen.

In order for a relative to access this benefit, the US citizen must submit a Form I-130, filed on behalf of the foreign relative. You can find the form here: https://www.uscis.gov/es/i-130

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The Immigration and Citizenship Service (USCIS) has different categories of “preferential immigrants” that the LPR can obtain through their relatives:

  • First Preference (F1): Sons and daughters of US citizens, who are unmarried and 21 years of age or older.
  • Second Preference (F2A): Spouses and children (unmarried, under 21 years of age) of lawful permanent residents.
  • Second Preference (F2B): 21-year-old unmarried sons and daughters of lawful permanent residents.
  • Third (F3): Married sons and daughters of US citizens.
  • Fourth Preference (F4): Brothers and sisters of US citizens if the US citizen is 21 years of age or older.

This process is known as “adjustment of status”, and to apply it is necessary to read the instructions and complete the I-485 form, available at the following link: https://www.uscis.gov/es/i-485.

Other eligibility criteria, in addition to submitting the corresponding form are: 

  • Be admitted and have received permission to enter the United States.
  • Be present in the country at the time of submitting the form.
  • Be eligible for an immigrant visa.
  • Not having adjustment vetoes for these.

Learn more about this procedure and the necessary documentation in case of completing the initial procedure: https://www.uscis.gov/es/residencia-permanente-tarjeta-verde/categorias-de-elegibilidad-a-la-residencia-permanente/residencia-permanente-para-inmigrantes-basados-en-la-familia

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