top of page

Green Card

Image by Global Residence Index
USA Flag

Lex Magnus Law: Family-Based Green Cards – Your Path to U.S. Family Unity

 

At Lex Magnus Law, we recognize the profound importance of family unity and the emotional toll that separation takes. Fortunately, U.S. Citizenship and Immigration Services (USCIS) shares this view; consequently, immigration law provides several pathways for U.S. Citizens and Lawful Permanent Residents (Green Card Holders) to petition for certain qualifying relatives to obtain a Green Card.

We specialize in guiding families through the complexities of these petitions, whether they are marriage-based, family-based, or fiancé-based.

 

1. Immediate Relatives: The Fastest Path to Permanent Residency

 

The most direct and fastest path to the Green Card is through the "Immediate Relative" category. The U.S. Congress has prioritized these close family relationships by making an immigrant visa immediately available—meaning there is no annual limit or long waiting period once the initial petition is approved.

Qualifying Immediate Family Members of U.S. Citizens:

  • Spouse (IR-1/CR-1): The foreign national husband or wife of a U.S. Citizen.

  • Unmarried Child Under 21 (IR-2): The unmarried son or daughter of a U.S. Citizen, who is under 21 years old.

  • Parent (IR-5): The parent of a U.S. Citizen (provided the U.S. Citizen petitioner is 21 years of age or older).

 

2. The Family Preference Category: For Extended Family

 

There is a separate, numerically limited category known as the “Family Preference Category” for more distant relatives of U.S. Citizens and certain relatives of Lawful Permanent Residents (LPRs/Green Card holders).

U.S. Citizens may sponsor:

  • F1: Unmarried sons or daughters over the age of 21.

  • F3: Married child(ren) of any age, along with their spouse and minor children.

  • F4: Brothers and sisters (if the U.S. Citizen Petitioner is over the age of 21), along with their spouse and minor children.

Lawful Permanent Residents (LPRs) may sponsor:

  • F2A: Spouses and unmarried children under 21 years of age.

  • F2B: Unmarried sons and daughters over 21 years of age.

Important Note on Waiting Periods:

It is crucial to understand that there is a significant waiting period before an immigrant visa number becomes available for those wishing to be sponsored under the Family Preference Category. This is due to the annual cap placed by Congress. We help you establish the earliest possible Priority Date by filing promptly, which is the key to minimizing this wait.

 

3. Fiancé-Based & Marriage-Based Visas (K-1 vs. CR-1)

 

When seeking to marry a U.S. Citizen, two distinct paths exist, and choosing the right one is essential for timing and cost:

Visa TypeMarital Status at FilingPrimary BenefitPost-Entry Requirement

K-1 Fiancé VisaEngagedAllows the foreign fiancé to enter the U.S. relatively quickly to marry.Must marry the U.S. citizen within 90 days of arrival, then file for Adjustment of Status (Green Card).

CR-1 Spouse VisaLegally MarriedThe foreign spouse enters the U.S. as an immediate Green Card holder (Conditional Resident).Receives Green Card upon entry and can begin working immediately.

 

The Conditional Green Card & Removal of Conditions

 

If a marriage-based Green Card is approved and the marriage is less than two years old, the foreign national is initially granted Conditional Permanent Residence (CR-1 status), valid for two years.

We proactively manage the next critical step: filing Form I-751 (Petition to Remove Conditions on Residence). This petition, typically filed jointly with the sponsoring spouse within the 90 days before the conditional card expires, proves the marriage was entered into in good faith. We also expertly handle waivers of the joint filing requirement if the marriage ends in divorce, death, or involves battery or extreme cruelty.

 

Obtaining a Green Card: Inside vs. Outside the United States

 

A Foreign National may be eligible to apply for a Green Card regardless of their current location:

  • Adjustment of Status (AOS): For those already legally present in the U.S., we file Form I-485 to adjust status to LPR without leaving the country. This is generally available only to Immediate Relatives.

  • Consular Processing: For those residing outside the U.S. or ineligible for AOS, the process involves filing with USCIS, followed by processing through the National Visa Center (NVC) and an interview at a U.S. Consulate or Embassy abroad.

To learn more about your options, the correct filing sequence, and how to apply for a Green Card correctly, contact Lex Magnus Law at 657-809-5633 to schedule a consultation with one of our knowledgeable attorneys. Our professional team of experienced attorneys can provide you with all the necessary details to initiate this life-changing process correctly.

bottom of page