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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

A family-based Green Card is one of the most common ways individuals can gain lawful permanent residency in the United States. U.S. citizens and lawful permanent residents (green card holders) can petition certain family members to join them in the U.S. and, eventually, secure a Green Card. The process, however, varies depending on the relationship between the petitioner and the relative and their immigration status.

At Kasturi Law, LLC, our founder and immigration attorney, Shobhana Kasturi, brings over 27 years of legal experience, including over a decade of dedicated experience helping individuals and families across Illinois navigate Green Card applications, requests for evidence, and appealing denials.

Here, we outline the family-based Green Card categories, who qualifies, and the steps involved in the application process.

Family-Based Green Card

Who Qualifies for a Family-Based Green Card?

Family-based Green Cards are divided into two broad categories:

  • Immediate Relatives of U.S. Citizens
  • Family Preference Categories

The immediate relative category is reserved for close family members of U.S. citizens. Unlike the family preference categories, there are no numerical limits on the number of Green Cards issued each year to immediate relatives. This means they typically experience a shorter processing time compared to other categories.

Immediate relatives include:

  • Spouses of U.S. citizens: U.S. citizens can petition for their foreign-born spouse.
  • Unmarried children under 21: U.S. citizens can petition for their unmarried children.
  • Parents of U.S. citizens: If the U.S. citizen is at least 21, they can petition for their foreign-born parents.

Family preference categories are for more distant family members of U.S. citizens and certain family members of Green Card holders (lawful permanent residents). Unlike the immediate relative category, these categories are subject to numerical limits, meaning significant wait times can occur before a Green Card becomes available.

The family preference categories include:

  • F1: Unmarried sons and daughters of U.S. citizens: This category applies to children of U.S. citizens who are 21 or older and are unmarried.
  • F2A: Spouses and unmarried children (under 21) of Green Card holders: Lawful permanent residents can petition for their spouses and children.
  • F2B: Unmarried sons and daughters of Green Card holders: This applies to unmarried children of Green Card holders aged 21 or older.
  • F3: Married sons and daughters of U.S. citizens: U.S. citizens can petition for their married children, regardless of age.
  • F4: Brothers and sisters of U.S. citizens: U.S. citizens who are at least 21 years old can petition for their siblings.

Step 1: Filing the Petition (Form I-130)

The process begins when the U.S. citizen or lawful permanent resident files Form I-130 (Petition for Alien Relative) with the U.S. Citizenship and Immigration Services (USCIS). This form establishes the familial relationship between the petitioner and the relative seeking the Green Card.

To support the petition, the petitioner must submit proof of their citizenship or lawful permanent resident status and evidence of the qualifying family relationship, such as a birth certificate for a child, a marriage certificate for a spouse, or proof of sibling relationships.

Step 2: Priority Dates and Waiting Periods

For family preference categories, the petition will receive a priority date, determining when the relative can move forward. Since these categories are subject to annual numerical limits, there may be a significant wait time before the Green Card is available. Applicants must regularly check the Visa Bulletin published by the U.S. Department of State to track the availability of their visa based on their priority date. As mentioned earlier, immediate relatives are not subject to annual quotas, so they can move forward without waiting for a priority date to become current.

Step 3: Consular Processing vs. Adjustment of Status

Once the I-130 petition is approved, two pathways are depending on where the relative is located:

  • Adjustment of Status: If the foreign-born relative is already in the U.S., they may be eligible to apply for adjustment of status by filing Form I-485 (Application to Register Permanent Residence or Adjust Status). This allows them to transition from their current immigration status (visitor, student, or other) to permanent resident status without leaving the U.S.
  • Consular Processing: If the relative is outside the U.S., they will go through consular processing at a U.S. embassy or consulate in their home country. The National Visa Center (NVC) will notify the relative when their priority date is current, and they will attend a visa interview at the embassy or consulate to obtain an immigrant visa. They will receive their Green Card by mail after entering the U.S. with an immigrant visa.

Step 4: Filing Additional Forms and Attending Interviews

During the adjustment of status or consular processing, the relative will need to submit additional forms and documentation, which may include:

  • Affidavit of Support (Form I-864): The petitioner must demonstrate that they can financially support their relative once they arrive in the U.S. This form ensures the relative will not become a public charge.
  • Medical Examination: The relative must undergo a medical exam with a designated physician and submit the results as part of their application.
  • Fingerprinting and Biometric Services: The applicant must attend a biometrics appointment to provide fingerprints, photographs, and signatures for background checks.

In many cases, the relative will also need to attend an in-person interview. For those undergoing adjustment of status, this interview takes place at a USCIS office in the U.S. For consular processing applicants, it occurs at the U.S. embassy or consulate in their home country.

Step 5: Receiving the Green Card

The relative will receive their Green Card if all the requirements are met and the petition is approved. For relatives who have adjusted their status within the U.S., the Green Card will arrive in the mail. Those going through consular processing will receive an immigrant visa, which allows them to enter the U.S. Once in the U.S., the Green Card will be mailed to their address.

If you are considering filing a family-based Green Card petition, Contact our immigration law firm today to schedule a consultation to help avoid common pitfalls, gather the necessary documentation, and efficiently guide you through the process.

Whether you prefer an in-person meeting, a phone call, or a Zoom session, we are here to accommodate you. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes. We value your time and want to ensure that your immigration questions receive the attention they deserve, helping you move forward confidently.

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