A person granted a green card has the right to live and work in the United States permanently. Through family-based immigration, a U.S. citizen or permanent resident can help certain family members immigrate to the United States. The process for applying for permanent residence in the United States is called adjustment of status. The process for applying for an immigrant visa at a consulate or embassy abroad is called consular processing.
An alien who is otherwise eligible to do so, can apply in the United States to adjust their status to permanent resident either as an immediate relative or under the family preference system.
Immediate relatives are able to apply for a green card immediately, and there is no numerical cap on the number of immediate relatives admitted annually to the United States as immigrants.
Immediate relatives are spouses, children under 21 years of age, and parents of US citizen children 21 years and over.
Spouses of permanent residents, siblings and children 21 years and over are not considered immediate relatives. They fall under the family preference system. If they desire to live and work permanently in the USA they will have to wait for a visa to be available before they can seek adjustment of status or by immigrating to the United States through consular processing. An alien seeking to adjust status in the United States must be eligible to do so. Not all aliens are eligible to apply for a green card in the United States even if they are applying as an immediate relative such as the spouse of US Citizen.
For more information about whether an alien is eligible to apply for a green card in the United States or whether it is advisable to pursue an immigrant visa at a U.S. Consulate or Embassy, contact the Law Offices of Raul Ray at (408) 279-5793.