The Basic Requirements of Green Card Petition for Spouse or Child

Question:

As a green card holder, what are the basic requirements of Green Card petition for spouse or child?

Answer:

The spouse or child of U.S. Permanent Resident category provides foreign spouses and children of permanent residents the opportunity to reunite with family living in the United States and become permanent residents. Permanent Residents have the right to live and work in the United States permanently, leave and return to the United States with few limitations, attend public schools and colleges and become a U.S. citizen when eligible to do so.

As a green card holder, or permanent resident, you may petition for certain family members to immigrate to the United States as permanent residents. You may petition for the following family members:

1) Spouse, husband or wife;
2) Unmarried children under 21,
3) Unmarried son or daughter of any age.

To be eligible for a Green Card as a spouse or child of a U.S. Permanent Resident, the foreign spouse and the U.S. lawful permanent resident must be legally married as evidenced by a valid marriage certificate. In addition, the lawful permanent resident must be residing in the United States at the time of the application.

Children of the lawful permanent resident must prove relationships through birth certificates, adoption papers and marriage certificates. Applicants must also meet certain health and character requirements.

If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status.

If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as “Consular Processing.”