Green Cards for Immediate Relatives
As a cross-border immigration lawyer based in Windsor, Ontario, Christina Loebach helps couples who live on opposite sides of the Windsor-Detroit border reunite and live together. This blog post considers the availability of green cards (permanent residence status) for immediate relatives of U.S. citizens.
Qualifying Family Relationships
U.S. immigration laws apply very specific definitions to family relationships, and create categories (and preferences) based on these definitions.
Green cards are available for immediate relatives of U.S. citizens. Immediate relatives are spouses, children who are unmarried and under the age of 21, and parents of U.S. citizens who are 21 or older. Note that the United States generally does not recognize common-law relationships as being “spouses” for immigration purposes, due to the requirement that the relationship be legally recognized in the jurisdiction where it was established and that it is fully equivalent to a traditional marriage in every respect.
If you fit the definition of immediate relative for a U.S. citizen, that is the best case scenario. That means that there is a green card immediately available for you, without waiting periods or quotas. That being said, processing times are still lengthy - generally anywhere between 12-24 months.
Permanent residents may sponsor their spouses and unmarried children for green cards, but they will fall into preference categories. This means that annual quotas apply to the family members of green card holders, and therefore green cards are not immediately available for them.
Adjustment of Status
Immediate relatives of U.S. citizens have the option between two application types: adjustment of status or consular processing.
Adjustment of status is the process available to applicants who are physically present in the United States and who have another valid immigration status (for example, an H-1B visa). This means that the applicant can get a green card without having to return to their home country for visa processing.
One of the main benefits of adjusting status is that the applicant can apply for an Employment Authorization Document (EAD), which allows them to legally work in the United States while their marriage-based visa is being processed. One of the main drawbacks of adjusting status is that the applicant can’t leave the country during processing, unless they first apply for and receive travel authorization (known as advance parole).
Consular Processing
The second process that applicants use is consular processing. This is the process generally used when the applicant lives outside of the United States. An applicant who applies for their immigrant visa via consular processing is not going to be eligible for an Employment Authorization Document. They are also unlikely to be successful in applying for a temporary intent visa, such as TN status, as they have demonstrated immigrant intent by virtue of applying for their green card.
Especially in the Windsor-Detroit area, it’s common for Canadians and Americans to fall in love and get married. Christina Loebach is licensed to practice law in both Canada and the United States, and loves working with clients who are considering sponsorship on both sides of the border. If you would like Christina to provide legal advice tailored to your situation, please schedule a consultation.