Can a Relative of a US Citizen Get a Green Card?

The answer to this question is often complex, depending on a multitude of factors. While it is possible for some relatives of US citizens to obtain a green card, the process is not always straightforward.

Understanding the Green Card Process

Generally, the answer is no, but it depends on a variety of conditions. However, it is worth consulting with an experienced immigration lawyer to explore your options. They can provide guidance and support throughout the process.

Eligibility Based on Age

For a child of a US citizen to get a green card, there are several important considerations:

Incapacity Until Age 21: A child under 21 can potentially apply for a green card, but their ability to sponsor you depends on their age and income. Adult Siblings: If the child is 21 or older, they have the capability to petition for you to receive an immigrant visa and green card, provided they can support you financially. Occupational Sponsorship: The adult sibling must be able to prove that they can financially support you in the event that you cannot find work. Petition Process: The adult sibling will need to complete a -130 Petition for Alien Relative and an -864 Affidavit of Support. Consulting with an immigration lawyer can make this process much smoother.

Immediate Family Siblings and Spouses

For immediate family members, the process is different:

Spouse of a US Citizen: If you are married to a US citizen, your spouse can file a petition to sponsor you for a green card. Parent of a US Citizen: A US citizen parent may also petition for a green card on your behalf. Adult Son/Daughter: An adult child of at least 21 years old can sponsor you for a green card if they are lawful permanent residents or US citizens. Siblings: Siblings can also petition for you, but the processing time is significantly longer. For siblings, the wait time can be around 15 years.

Requirements for Sponsorship

To be eligible for a green card as a relative of a US citizen, you must meet the following prerequisites:

Marital Status: You must be legally married to a US citizen or a green card holder. Financial Sponsorship: Your sponsor must have the ability to provide financial support to ensure you do not become a public charge. This includes proving steady income and a lack of criminal history. Vital Information: You will need to provide various documents, including your sponsor's financial information and any proof of your relationship.

Conclusion

While the possibility of obtaining a green card as a relative of a US citizen is there, the journey can be complicated and time-consuming. Consulting with an experienced immigration lawyer is highly recommended to navigate the process successfully and streamline your application.