lin law group
Every year about 700,000 foreign nationals gain lawful permanent residency (LPR) by petitioning through a family member who is either an LPR or a United States citizen. Please visit our page on LPR status to learn more about the advantages of becoming a resident.
NOTE: ** If any relative of yours filed an immigration petition for you or your parent before April 30, 2001, you may be able to get a Green Card through an Adjustment of Status. **
Depending on your circumstances, you may have several options available for becoming an LPR. The categories below describe these options, and each page offers greater detail.
** IMPORTANT UPDATE **
In October 2009 a law was passed that creates new options for immigrants who were unable to immigrate due to the death of the petitioner. If filed a petition and it was revoked because your spouse, parent, or another relative died before the petition was processed, you can file for humanitarian reinstatement of your petition. Please visit our page Widow/er page for more information.
Choose a link below to find out more about legal residency through a:
Fiancé(e) Visa
Appropriate if you are a foreign national in a relationship with an LPR or a U.S. citizen and plan to marry that person. A fiancé(e) visa can be preferable to a marriage visa, depending on what country you are from, where you want to have your wedding, etc.
Marriage Visa or Spousal Petition
A marriage visa can be used either for an already-married couple (one foreign national, one U.S. citizen or LPR) or for a couple that plans to marry. Depending on your circumstances and preferences, an engaged couple may prefer to marry abroad and apply for a spousal petition, or the couple may opt for a fiancé(e) visa.
Parent/Child Petition
LPRs and U.S. citizens can petition for their children to join them in the United States as lawful permanent residents. Also, U.S. citizens who are at least 21 years old can petition for their parents. If you are a parent hoping to sponsor your child, you should consult with an immigration attorney to learn about how your child’s age can affect the petition.
Sibling Petition
United States citizens can petition for their siblings (brothers and sisters). Half-siblings qualify as well. Additionally, these siblings’ spouses and unmarried children can join as derivative beneficiaries.
Widow/er Petitions
Our immigration laws recognize that tragedy should not impair your ability to gain residency. Foreign nationals whose spouses die while their applications are pending can file to self-petition as widow/ers. Recent changes to the law protect self-petitioners and offer new opportunities to those previously ineligible to self-petition.
Victims of Abuse
Immigration law now contains protections for victims of domestic or spousal abuse, as well as for victims of criminal activity and human trafficking. If you have been abused by a spouse or parent who is an LPR or U.S. citizen, you may be able to self-petition under the Violence Against Women Act. This does NOT apply only to women. If you have been abused by someone who is not an LPR or a U.S. citizen you might be able to gain a visa through asylum
Removal of Conditions (I-751)
After receiving a Green Card, the alien must prepare to file for the Removal of Conditions I-751 form within 90 days of the expiration of the two-year residence.
Temporary Protected Status (TPS)
Temporary Protected Status (TPS) is a form of lawful non-immigrant status for foreign nationals; in effect, it creates a temporary “safe haven” in the United States for certain foreign nationals currently in the country.
