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Family-Based Green Cards

A. Immediate Relatives

"Immediate Relatives" of US citizens are able to get Green Cards without any waiting period save that involved in processing the application:

1. Spouse of US citizen;
2. Minor children (under 21) of US citizen;
3. Parents of US citizen (if citizen is over 21);
4. Spouse of deceased US citizen.

Immediate relatives can usually adjust their status to that of Permanent Resident without leaving the US if they originally entered the country with a valid visa.

B. Preference Immigrants

The following categories of immigrants can also obtain Green Cards but they must first get a "priority date" and then wait for their turn before their application is processed. The waiting period differs depending on which preference the beneficiary is in, and which country he comes from. Those from Mexico, China, India and the Philippines have longer waiting periods. Exact dates can be obtained by referring to the Visa Bulletin.

1st Preference

Unmarried sons and daughters of US citizens (age 21 or over);

2nd Preference

a. Spouses and minor children of Permanent Residents;
b. Unmarried sons and daughters (21 or older) of Permanent Residents;

3rd Preference

Married sons and daughters of US citizens;

4th Preference

Brothers and sisters of US citizens.

Note: In the Preference categories, the spouses and children of the beneficiary can be included in the application. In the Immediate Relative category, only the beneficiary is entitled to a Green Card.

©2008 Jane Orgel. All rights reserved.
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