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I Am Not a Citizen but My Relative Is. Can I Get a Green Card?

April 30, 2021

The I-130 form, also known as the Petition for Alien Relative, is the document/petition submitted by a United States citizen or lawful permanent resident who wishes to confer status to “eligible relatives” to United States.

The United States allows those who have United States citizenship or lawful permanent residence status in the United States to sponsor certain foreign relatives to live permanently in the United States and get a Permanent Resident Card – also known as a Green Card.

Why Does a United States Citizen or Lawful Permanent Resident Need to File an I-130?

The purpose of filing an I-130 is to verify with the United States Citizenship and Immigration Services (USCIS) that there exists a valid relationship between the petitioner, being the United States citizen or lawful permanent resident, and the beneficiary(ies), being the eligible relative(s).

So long as the valid relationship is able to be establish and you can show a familial relation to USCIS, there will likely be no issues in having USCIS approve the I-130.

There exist two (2) eligible relative categories. The first category is for Immediate Relatives of a United States citizen. This category includes spouses and unmarried children who are under the age of twenty-one (21) of United States Citizens and parents of the United States Citizens, so long as those parents are twenty-one (21) years of age.

The second category includes unmarried sons or daughters of United States Citizens who are at least twenty-one (21) years of age; married sons or daughter of United States Citizens; and siblings of United States Citizens.

As applies to relatives of lawful permanent residents (green card holders), this includes spouses and unmarried children who are under the age of twenty-one (21) of the lawful permanent residents and unmarried sons or daughters of lawful permanent residents who are at least twenty-one (21) years of age.

Who Can I Contact if I Have More Questions?

At The Town Law, we understand just how stressful facing immigration matterscan be. With our vast experience handling immigration cases throughout Bucks County, Delaware County, Chester County, Montgomery County, and Philadelphia County in Pennsylvania, we are well-equipped to ensure you get the best result possible with attentive attorneys by your side throughout the process. Contact our firm today for a free consultation. Our staff of experienced attorneys is dedicated to the best outcomes for all of our clients.