Published: November 24, 2021
About 63-68% of the approved visa applications are from family-based petitions. By the end of 2019, there are already 8.5 to 9.3 million Family Green Card holders in the United States. Because of these statistics, more immigrants feel encouraged to pursue family-based Green Cards over other methods.
Applying for a family-based visa is not easy but what makes things harder is the endless amount of misinformation applicants meet daily. If you are planning to file for an application, it is best to be informed. Here are some clarifications to common misconceptions related to family-based Green Cards:
Misconception #1: Family-based Green Cards do no expire.
Depending on the type of residency the USCIS issued, any Green Card may expire. For family-sponsored grants, the expiry would be ten (10) years from the issuance date. The USCIS advises Green Card holders to file for the renewal of their green card on time. Expired green cards may prevent one from traveling beyond borders or getting a new job.
Misconception #2: Family-based Green Card holders are immune from deportation
Any immigrant can be a subject of a deportation case. Only American citizens are immune from being deported from their country. Under the law, individuals get deported because of committing crimes such as document fraud, domestic violence, firearms trafficking, money laundering, human trafficking, espionage, sabotage, and terrorism.
Misconception #3: You cannot petition for adult children
A lot of people still believe that Green Card holder parents may only petition for minor children. That is not the case. Green Card holders may sponsor for their unmarried sons and daughters who are beyond twenty-one (21) years old via the Second Preference (F2B) option.
Misconception #4: You cannot petition for adopted or step-children
Aside from adult children, Green Card holders may also petition for adopted and step-children. In the case of adopted children, Green Card holders may only petition for those they have legally adopted before coming to the United States. Otherwise, it would fall under the case of Intercountry Adoption. In this instance, a Green Card holder may not adopt a child because this right is only limited to U.S. citizens. Green Card holders should file Form I-130 (Petition for Alien Relative) for step-children with the USCIS. One may opt not to adopt a step-child upon their entry to the United States.
Misconception #5: Derivative family members cannot work in the U.S.
Derivative family members may legally work in the United States. However, they must first secure an Employment Authorization Document (EAD) with the USCIS. Not acquiring the necessary permits before engaging in any form of employment in the United States may warrant sanctions.
Beware of Hoaxes
Connecting with a lawyer is one of the best ways to sift hoaxes from legitimate information. For more helpful advice, coordinate with ALG Lawyers. We are a group of experienced Los Angeles immigration lawyers committed to providing top-tier services to clients.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)