Family-Based Green Cards for Every Member of your Family
Pathway to U.S. Permanent Residency for Your Family
A family-based green card allows U.S. citizens and lawful permanent residents (LPRs) to sponsor specific family members to live and work permanently in the United States. Here's an overview of the process, eligibility, and steps involved:
Who is Eligible for a Family-Based Visa?
Types of Family-Based Green Cards
Family-based immigration is divided into two categories:
1. Immediate Relatives of U.S. Citizens
- No annual limits or waiting times for visa availability.
- Eligible relationships:
- Spouse of a U.S. citizen.
- Unmarried child under 21 of a U.S. citizen.
- Parent of a U.S. citizen (if the citizen is 21 or older).
2. Family Preference Categories
- Subject to annual visa limits, which may result in waiting times depending on the applicant’s country of origin and category.
- Categories include:
- F1: Unmarried adult children (21 or older) of U.S. citizens.
- F2A: Spouses and unmarried children under 21 of LPRs.
- F2B: Unmarried adult children (21 or older) of LPRs.
- F3: Married children of U.S. citizens.
- F4: Siblings of U.S. citizens (the U.S. citizen must be 21 or older).
How to Apply for the Family-Based Green Card
STEP 1: File Form I-130 (Petition for Alien Relative)
STEP 1: File Form I-130 (Petition for Alien Relative)
STEP 1: File Form I-130 (Petition for Alien Relative)
- What to Include:
- Proof of U.S. citizenship or LPR status (e.g., passport, birth certificate, or green card).
- Proof of the family relationship (e.g., marriage certificate, birth certificates).
- Supporting documents like photographs, joint leases, or affidavits for relationships like marriage.
- Filing Fee:
- Online filing: $625
- Paper filing: $675
- Processing Time:
- Varies depending on USCIS workload and the type of relationship. Immediate relatives are processed faster than family preference categories.
STEP 2: Wait for Visa Availability (If Applicable)
STEP 1: File Form I-130 (Petition for Alien Relative)
STEP 1: File Form I-130 (Petition for Alien Relative)
- Immediate relatives of U.S. citizens do not have to wait for visa availability.
- Family preference category applicants must wait until their priority date (the date USCIS receives Form I-130) becomes current in the Visa Bulletin.
STEP 3: Apply for a Green Card
STEP 3: Apply for a Green Card
STEP 3: Apply for a Green Card
Once Form I-130 is approved, the beneficiary applies for a green card. The process depends on whether the beneficiary is inside or outside the U.S.
A. Adjustment of Status (If Inside the U.S.)
- File Form I-485 (Application to Register Permanent Residence or Adjust Status):
- Immediate relatives can file Form I-485 concurrently with Form I-130.
- Family preference applicants must wait for their priority date to be current.
- Supporting Documents:
- Approved I-130 receipt or approval notice.
- Proof of lawful entry into the U.S. (e.g., Form I-94).
- Medical exam results (Form I-693).
- Proof of financial support (Form I-864, Affidavit of Support).
- Filing Fee:
- $1,440
- Processing Time:
- Typically 8–14 months for immediate relatives; longer for preference categories.
B. Consular Processing (If Outside the U.S.)
- National Visa Center (NVC):
- After Form I-130 approval, the case is transferred to the NVC for visa processing.
- Complete Online Visa Application (Form DS-260):
- Submit Form DS-260 and supporting documents to the NVC.
- Attend Visa Interview:
- The beneficiary attends an interview at a U.S. embassy or consulate in their home country.
- Processing Time:
- Typically 12–18 months.
STEP 4: Receive Green Card
STEP 3: Apply for a Green Card
STEP 3: Apply for a Green Card
- If approved, the beneficiary:
- Inside the U.S.: Receives the green card by mail after Form I-485 approval.
- Outside the U.S.: Receives an immigrant visa to enter the U.S. as a permanent resident; the green card is mailed after arrival.
Why Pursue the Family-Based Green Card?
Obtain Permanent Residency in the U.S.
A family-based green card can be a good option for people who want to live and work in the United States, and who have a qualifying relationship with a U.S. citizen or permanent resident. Some benefits of a family-based green card include:
- Reuniting with family: Family-based green cards allow family members to live together in the United States.
- Path to citizenship: A family-based green card can lead to citizenship through naturalization.
- Access to public benefits: Green card holders can access public benefits like Social Security, Medicare, and Medicaid.
- Protection from deportation: Green card holders are protected from deportation proceedings.
- Bring family to the U.S.: Green card holders may be able to bring certain family members to the U.S. through derivative visas.
If you believe you qualify for the family-based green card, ensure your application is meticulously prepared with strong documentation of your family members.
Additional Information on Family-Based Green Cards
Key Documents Required
- Proof of Relationship:
- Marriage certificate (for spouses).
- Birth certificates (for children or parents).
- Affidavits and evidence of shared life (for marriages).
- Financial Support:
- Form I-864 (Affidavit of Support) to prove the sponsor has sufficient income or assets to support the beneficiary.
- Medical Exam Results:
- Form I-693 or equivalent completed by a USCIS-approved physician.
Additional Considerations
- Public Charge Rule:
- Applicants must demonstrate they are not likely to become a public charge (Form I-864 is essential for this).
- Conditional Green Cards for Spouses:
- Spouses married for less than 2 years at the time of green card approval receive a conditional green card valid for 2 years.
- File Form I-751 to remove conditions within 90 days before expiration.
- Country-Specific Backlogs:
- Family preference categories have longer waiting times for applicants from countries like Mexico, India, and the Philippines.
- Work and Travel Authorization:
- Applicants filing Form I-485 can apply for work authorization (Form I-765) and advance parole (Form I-131) to travel while the green card application is pending.
Timeline Overview
- Form I-130 Approval:
- Immediate relatives: 6–12 months.
- Preference categories: 12–24 months or longer.
- Visa Availability (For Preference Categories):
- Varies by category and country of origin; can range from months to several years.
- Adjustment of Status/Consular Processing:
- Adjustment of Status: 8–14 months.
- Consular Processing: 12–18 months.
- Total Time:
- Immediate relatives: 12–18 months.
- Preference categories: 2–15 years, depending on category and country.
Cost Summary
- Form I-130: $675.
- Form I-485: $1,440 (plus $85 biometric fee).
- DS-260 (Consular Processing): $325.
- Affidavit of Support: $120.
Path to Citizenship
- Green card holders can apply for U.S. citizenship:
- After 3 years if married to a U.S. citizen.
- After 5 years for other family-based green card holders.
The family-based green card process requires careful planning and documentation. If you have questions or need assistance with your application, feel free to ask!
Ready to begin your family-based green card Visa Journey?
Let the Experts at New Path Group Services Help Through the Process
If you’re unsure about which visa option may be right for you and your partner, or you just want to discuss your immigration plans in more detail, reach out to our team today. Our experienced team of visa specialists can walk you through the specifics of each visa path, and help you choose the best route based on your needs.