Family Based Immigrant Visas (Green Card) – English Version
Green Card Types
A Green Card, also known as a Lawful Permanent Resident Card (LPR card), grants individuals the legal right to live and work in the United States permanently. Several categories of Green Cards are available, each with specific eligibility criteria and application processes.
Immediate Relative Green Cards (IR-1, IR-2, IR-3, IR-4, IR-5)
Immediate Relative Green Cards are available to the closest family members of U.S. citizens, including spouses, unmarried children under the age of 21, and parents of U.S. citizens who are at least 21 years old.
For your more distant relatives, U.S. immigration provides for different family preference categories, which are subject to annual numerical limits per country. Over the last decades, annual limits have been exhausted, which resulted in an extensive backlog of available visa numbers. Therefore, the waiting period for visas in these categories range from 5 to 15 years and longer.
Spouses of U.S. Citizens (IR-1, CR-1)
The IR-1 Green Card is issued to spouses of U.S. citizens, if the marriage has lasted at least two years at the time of Green Card approval. This Green Card has no conditions.
If the marriage has been in existence less than 2 years on the day of approval, the immigrant spouse will receive a “Conditional” Green Card (CR-1), valid for only two years. A conditional green card cannot be renewed. Instead, the immigrant spouse must apply for a removal of conditions within the 90-day period before the expiration of the conditional card in order to then receive a permanent green card.
Unmarried Children Under 21 (IR-2)
The IR-2 Green Card is issued to unmarried children under 21 years of age of U.S. citizens. Eligible children include biological children, stepchildren and adopted children, if the marriage occurred before the child’s 18th birthday. Upon visa approval, the child will receive lawful permanent resident status.
If the child is under 18 when entering the U.S. as a permanent resident, the child may automatically acquire U.S. citizenship under The Child Citizenship Act 2000.
Orphans Adopted Abroad (IR-3) and Orphans to Be Adopted in the U.S. (IR-4)
The Child Citizenship Act 2000 also addresses adopted orphans. The IR-3 Green Card is granted to orphans who have been fully adopted abroad by a U.S. citizen. Once admitted to the United States, the child automatically becomes a U.S. citizen.
The IR-4 Green Card is issued to orphans who will be adopted in the U.S. under the legal custody of their adoptive parents. In these cases, the child enters as a lawful permanent resident and becomes eligible to apply for U.S. citizenship after the adoption is finalized in a U.S. court.
Parented children who are adopted from abroad or within the U.S. may also obtain U.S. citizenship through a U.S. citizen, but before they turn age 18. Some of these children automatically acquire U.S. citizenship upon their admission to the U.S. as lawful permanent residents, while others first need to take additional steps.
As the rules within The Child Citizenship Act 2000 are very complicated, it is advised to seek the assistance of an experienced attorney.
Parents of U.S. Citizens (IR-5)
The IR-5 Green Card is available to parents of U.S. citizens who are at least 21 years old. The U.S. citizen petitioner must demonstrate the financial ability to support his/her parents, by filing an affidavit of support to prove minimum income requirements to ensure the immigrant parent does not become a public charge.
Parents applying from within the United States may be able to file for an adjustment of status, while those outside the country must complete consular processing at a U.S. embassy or consulate.
