Family Based Green Cards

Family Based Immigration at a Glance

The U.S. government recognizes the value of preserving the family unit and has established procedures to unite family members. The law allows for family members of U.S. citizens and lawful permanent residents to obtain permanent resident status or "Green Cards."

The family relationships that allow foreign nationals to obtain permanent resident status include:

Immediate Relatives of U.S. Citizens. Visa is Immediately Available:

• Child (under 21, unmarried)
• Spouse
• Parent (citizen must be 21 or older)
• Widows and widowers
• Unmarried minor child of widow or widower

First Preference Relatives

• Unmarried adult (21 or older) sons and daughters of U.S. Citizens

Second Preference Relatives

• Spouses and children of permanent residents
• Unmarried adult sons and daughters of permanent residents

Third Preference Relatives

• Married Sons and Daughters of U.S. Citizens

Fourth Preference Relatives

• Brothers and Sisters of Adult U.S. Citizens

U.S. immigration laws limit the number of foreign nationals that are issued Green Cards each year. Even if a Green Card petition is approved, the beneficiary of the approved petition may not be able to obtain their Green Card until their Priority Date becomes "current." A Foreign National's "Priority Date" is the date the immigrant petition is received by the appropriate U.S. Government agency. The U.S. Department of State publishes its Visa Bulletin each month and is found at http://www.travel.state.gov/visa/frvi/bulletin/bulletin_1360.html. The Visa Bulletin summarizes the availability of immigrant visas.

Issues facing Canadian Citizen Spouses of U.S. Citizens

Each year thousands of Canadian citizens either plan on getting married to or are already married to U.S. citizens and decide to live in the United States. Unfortunately, if the Canadian goes to the border and declares their intent to live permanently in the U.S., they may very well be denied entry and told to obtain the appropriate visa. Those visas, either the K-1 (fiancé), K-3 (spouse of a U.S. citizen), or Immigrant Visa (Green Card) can take 6 -12 months to process. During this processing time the Canadian may have to continue to live in Canada.

On the other hand, if the Canadian citizen entered the United States, and then either got married and filed for a Green Card, or were already married and filed for the Green Card, they would have to wait 60-90 days before obtaining employment authorization or travel permission. If the Canadian left after filing for the Green Card, but without travel permission granted by U.S. Immigration, they will have "abandoned" their Green Card application. The repercussions for abandoning include not being able to reenter the U.S., refilling their application, and possibly delaying their life in the U.S. by 6 to 12 months or longer.

Depending upon the Canadian's education, work experience, or investment capabilities, there are strategies that will allow such applicants to obtain entry to the U.S. sooner rather than later. Since each applicant's situation may differ, a formal consultation is advisable.