In our last post, I introduced the different categories of Family-Based Residency. To review the different categories, you may click here for the post http://www.cftienlaw.com/blog/2009/12/getting-a-green-card-series-part-1/.

Today, we will discuss the quota system and how it affects the Family-Based Green Card petitions. First, if you’re an immediate relative of a U.S. Citizen, then you do not have to worry about the quota system because there are visa numbers immediately available to you.

If you’re in one of the preference categories, however, the quota system may affect your Green Card application because you are subject to the yearly quota of visa numbers available per year for each preference category. Therefore, you will have to wait until your priority number is current. The waiting period depends on your particular preference category. The lower your preference category, the longer you wait. For example, if you’re in the Fourth (4th) Preference category, your waiting period will be longer than those in the First (1st) Preference category. You can check the wait time by visiting USCIS’s Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_4539.html.

Have more questions about the quota system? Please post a comment or contact us at info@cftienlaw.com.

This is the first post in the “Getting a Green Card Series”, where I will review the green card application process.  As I mentioned in one of my previous posts (http://bit.ly/2EHFpt), the Green Card is a registration card that is issued by the United States Citizenship and Immigration Services (”USCIS”) to Legal Permanent Residents of the United States.  It identifies the cardholder as an alien with permanent resident status in the United States.

So, you may be wondering, “How do I get a green card?”  The first step to getting a green card is to determine if you qualify for one.  There are a number of ways to qualify. Most people get green cards because they are either related to a US Citizen or a permanent resident.  Others may get their green cards through their jobs, or if they have unique education and skills, outstanding talent or a large chunk of cash ready to invest in a business.   Finally, the remaining categories include; visa lottery winners, asylees and refugees, special immigrants (such as religious workers), and individuals who entered the U.S. before January 1, 1972 and have continuously lived in the United States since then.

Family

If you are related to a US Citizen or Permanent Resident, then your family member may sponsor your Family-Based Petition if you belong to one of the following categories of Family-Based Residency:

1. Immediate Relative – spouse, child and parents of U.S. Citizen

2. First Preference – unmarried sons and daughters of US Citizen

3. Second Preference – 2 subcategories:

3A – spouse and unmarried children under 21 years old of permanent residents
3B – unmarried son or daughter of any age of permanent residents

4. Third Preference – married sons or daughters of US Citizens

5. Fourth Preference – brothers and sisters of U.S. Citizens

In our next post, we will define each category and explain the Quota System for Family-Based Green Card Petitions.

Permanent Green Cards issued after 1989 usually have 10 year renewal cycles. The expiration date of your Green Card is printed on the front of the card. If your card is expiring, then you can go to the USCIS website (www.uscis.gov) and download Form I-90 (along with its instructions).  You should complete the form and return it to the address listed in the instructions manual, along with the filing fee of $370 ($290 Filing Fee and $80 Biometrics Fee*) at least 6 months before the expiration date printed on your Green Card. 

If you have a Conditional Green Card and your status is expiring, you should not use the I-90.  You must use Form I-751 if you became a conditional resident through marriage to a U.S. citizen or permanent resident or Form I-829 if you became a conditional resident based on a financial investment in a U.S. business.

*Biometrics fee may be waived under certain circumstances so check the instructions before you write your check.

Let’s start with basics: an Affidavit of Support is a legally required document to be completed by the petitioning sponsor in most Family-Based Green Card cases.  A “petitioning sponsor” is a person who has filed an USCIS-approved immigrant petition.  If an Affidavit of Support is required for your application, then your petitioner must be able to prove that he or she is able to meet the minimum income requirement.  Specifically, your petitioner must make at least 125%* of the federal poverty guidelines (which you can access here for 2009: http://aspe.hhs.gov/poverty/09poverty.shtml).   If your petitioner’s income does not meet the income requirement, then there are a number of other alternatives to assist him or her with the requirement.  For example, your petitioner can meet the requirement by including income from relatives or dependents listed on his or her Federal Income Tax return or by finding a co-sponsor who will also need to submit an affidavit.  Your co-sponsor must be a US Citizen, national or Permanent Resident, at least 18 years old and be able to meet the income requirements on his or her own.  However, he or she does not have to be related to you, the intending immigrant.

*If you are an active member of the armed forces petitioning for a spouse or child, then you only need to show support at 100% of the poverty level.

Please contact our firm for more information about the Affidavit of Support or about the sponsor or co-sponsor’s responsibilities.