Jesse J. Bañuelos, a Los Angeles Immigration Attorney

GREEN CARDS THROUGH A FAMILY MEMBER

A legal permanent resident (a green card holder) is a foreign national who has been granted the privilege of permanently living and working in the US. Immigration laws provide foreign nationals with many pathways to obtain legal permanent resident status, including on the basis of certain types of employment; an advanced professional position; an advanced scholastic or scientific degree; a special artistic or athletic ability; petitions under NACARA; petitions for U-visas for victims of certain crimes; petitions for victims of domestic abuse; family-based petitions, etc. For family-based petitions there are two pathways, adjustment of status and consular processing. Adjustment of status is the process by which an individual who is in the US can apply, in certain cases, for legal permanent resident status without having to leave the US. Consular processing is a process for an individual who is outside the US (or who is in the US but is not eligible to apply for adjustment of status) to obtain an immigrant visa abroad which will allow him to enter the US as a legal permanent resident.

A US CITIZEN/GREEN CARD HOLDER CAN PETITION FOR MANY FOREIGN RELATIVES

To petition for a relative to immigrate to the US a petitioner must meet the following requirements:

1. He must be a US citizen [USC] or a legal permanent resident of the US; and
2. He must meet certain income requirements in order to prove that he could financially support his relative if he were to emigrate to the US, and if that relative were not able to support himself once he got here. If the petitioner cannot meet those requirements, then he would have to find a co-sponsor who could.

A US citizen [USC] may petition for the following foreign relatives:

1. Husband/wife;
2. Married/unmarried child of any age;
3. Married/unmarried stepchild of any age, if the marriage that created the stepchild-stepparent relationship occurred before the stepchild turned 18;
4. Brother/sister/half brother/half sister, if the USC is 21 years old;
5. Parent, if the USC is 21 years old; and
6. Stepparent, if the USC is 21 years of old, and if the marriage that created the stepchild-stepparent relationship occurred before the stepchild turned 18.

A green card holder may petition for the following foreign relatives:

1. Husband/wife;
2. Unmarried child of any age; and
3. Unmarried stepchild of any age, if the marriage that created the stepchild-stepparent relationship occurred before the stepchild turned 18.

IF YOU WANT TO KNOW WHETHER YOU ARE ELIGIBLE TO APPLY FOR A GREEN CARD WITHOUT HAVING TO LEAVE THE US, PLEASE CALL OUR OFFICE

Many foreigners who live in the US could obtain a green card if they were to apply for adjustment of status through family, because they have TPS status, etc., but don’t know it. If you live in the US and if there is a legal way for you to apply for adjustment of status through family, because you have or had TPS status, or some other way, Mr. Bañuelos will find it. Because he is hardworking and tenacious, Mr. Bañuelos has been successfully resolving difficult immigration problems, and has been winning difficult deportation and removal cases for over 20 years.