Family-Based Green Cards, Explained

Family reunification is a cornerstone of U.S. immigration policy, as it recognizes the importance of keeping families together and providing a stable environment for immigrants and their loved ones. Family Green Cards, or family-based immigrant visas, allow U.S. citizens and lawful permanent residents (LPRs) to sponsor their eligible family members, providing them with a pathway to permanent residence and, ultimately, citizenship through Naturalization in the United States.

Immediate Relatives and Preference Categories

Family Green Cards are an essential aspect of the U.S. immigration system, as they allow foreign family members of U.S. citizens and lawful permanent residents to live and work in the country. The process of obtaining a family-based Green Card is divided into two main groups: Immediate Relatives and Preference Categories. Understanding the distinctions between these groups, their eligibility criteria, and processing times is crucial when pursuing a family Green Card for a loved one.

Immediate Relatives

Immediate Relatives hold a special place in the U.S. immigration system due to their close family relationship with U.S. citizens. They benefit from an unlimited number of visas available each year, which generally leads to shorter processing times compared to Preference Categories. Immediate Relatives include:

1. Spouses of U.S. citizens
2. Unmarried children (under 21 years of age) of U.S. citizens
3. Parents of U.S. citizens (if the U.S. citizen is at least 21 years old)

Preference Categories

Preference Categories cater to more distant family relationships and are subject to annual visa caps. This means that there is a limited number of visas available each year, and applicants in these categories may face longer wait times to obtain their family-based Green Card. The preference categories are as follows:

1. First Preference (F1): Unmarried sons and daughters (21 years of age or older) of U.S. citizens
2. Second Preference (F2A): Spouses and unmarried children (under 21 years of age) of lawful permanent residents
3. Second Preference (F2B): Unmarried sons and daughters (21 years of age or older) of lawful permanent residents
4. Third Preference (F3): Married sons and daughters of U.S. citizens
5. Fourth Preference (F4): Siblings of U.S. citizens (if the U.S. citizen is at least 21 years old)

Grasping the differences between Immediate Relatives and Preference Categories is vital for determining the most suitable path to obtaining a family Green Card and estimating the potential wait time involved. This knowledge can also help applicants to better prepare for the Green Card application process and set realistic expectations.

Eligibility for Family-Based Green Cards

Meeting the eligibility criteria for family-based Green Cards is essential for a successful application. The criteria vary depending on the category and the relationship between the U.S. citizen or lawful permanent resident (Green Card holder) and the foreign family member. Below, we break down the primary requirements for each category:

Immediate Relatives

1. Spouses of U.S. Citizens: Green Card through Marriage
   • A legally valid marriage (either in the U.S. or abroad)
   • The U.S. citizen spouse must file Form I-130, Petition for Alien Relative
   • The marriage must be genuine and not entered into solely for immigration purposes
2. Unmarried Children (under 21 years of age) of U.S. Citizens:
   • Must be the biological, adopted, or stepchild of the U.S. citizen parent
   • The U.S. citizen parent must file Form I-130, Petition for Alien Relative
   • In the case of stepchildren, the marriage that created the step relationship must have occurred before the child turned 18
3. Parents of U.S. Citizens:
   • The U.S. citizen child must be at least 21 years old
   • The U.S. citizen child must file Form I-130, Petition for Alien Relative
   • The relationship must be proven through birth certificates or other valid documentation

Preference Categories

1. First Preference (F1):
   • Unmarried sons and daughters (21 years of age or older) of U.S. citizens
   • Must be the biological, adopted, or stepchild of the U.S. citizen parent
   • The U.S. citizen parent must file Form I-130, Petition for Alien Relative
2. Second Preference (F2A):
   • Spouses and unmarried children (under 21 years of age) of lawful permanent residents
   • A legally valid marriage (either in the U.S. or abroad)
   • The LPR spouse must file Form I-130, Petition for Alien Relative
   • The marriage must be genuine and not entered into solely for immigration purposes
   • In the case of children, they must be the biological, adopted, or stepchild of the LPR parent
3. Second Preference (F2B):
   • Unmarried sons and daughters (21 years of age or older) of lawful permanent residents
   • Must be the biological, adopted, or stepchild of the LPR parent
   • The LPR parent must file Form I-130, Petition for Alien Relative
4. Third Preference (F3):
   • Married sons and daughters of U.S. citizens
   • Must be the biological, adopted, or stepchild of the U.S. citizen parent
   • The U.S. citizen parent must file Form I-130, Petition for Alien Relative
5. Fourth Preference (F4):
   • Siblings of U.S. citizens
   • The U.S. citizen sibling must be at least 21 years old
   • Must share at least one common biological parent
   • The U.S. citizen sibling must file Form I-130, Petition for Alien Relative
   • Sibling relationships through adoption or step-siblings must meet specific criteria

It is crucial to understand and meet the eligibility criteria for the specific category under which you are applying. Failure to do so may result in denial of the family-based Green Card application.

Learn the difference between a visa and a Green Card.

Inadmissibility Concerns in Family Green Card Cases

In some cases, a family member seeking a Green Card may be deemed inadmissible to the United States due to factors such as unlawful presence, criminal convictions, or misrepresentation. In these situations, the applicant may need to apply for an immigration waiver to overcome inadmissibility and become eligible for a Family Green Card.

An immigration waiver is a form of legal relief that, if granted, allows an otherwise inadmissible individual to obtain a visa, adjust their status, or seek admission to the United States. When applying for a Family Green Card, the applicant and their sponsor should consult with an experienced immigration lawyer to determine whether an immigration waiver is necessary and, if so, how to proceed with the waiver application process. The attorney can also provide guidance on meeting the specific requirements for the waiver, such as demonstrating extreme hardship to a qualifying U.S. citizen or lawful permanent resident relative.

Family-Based Green Cards Cost

The costs associated with obtaining a family Green Card can vary depending on the specific circumstances of each case. However, there are some standard fees that applicants should be aware of when beginning the process. Below is a general overview of the costs involved in obtaining a family-based Green Card:

1. Filing Fees: USCIS requires applicants to pay various filing fees for the forms involved in the family Green Card process. These fees can change over time, so it’s essential to check the USCIS website for the most up-to-date fee information. Common forms and their respective fees include:
   • Form I-130 (Petition for Alien Relative): $535
   • Form I-485 (Application to Register Permanent Residence or Adjust Status): $1,225 (including the biometrics fee)
   • Form I-864 (Affidavit of Support): No fee, but financial documentation may be required
   • Medical examination: Green Card applicants must undergo a medical examination by a USCIS-approved physician. The cost of the examination can vary depending on the doctor and the country where the examination takes place.
2. Translation Services: If any of your documents are in a language other than English, you’ll need to have them professionally translated. The cost for translation services can vary based on the language and the number of documents that need translation.
3. Visa Application Fees: If you are applying for a family Green Card through consular processing, you’ll need to pay additional fees for the immigrant visa application. These fees vary depending on the specific visa category and the applicant’s age.
4. Travel Expenses: Consular processing applicants may need to travel to a U.S. consulate or embassy for their visa interview. These travel expenses can vary depending on the distance to the consulate and any accommodations needed during the trip.
5. Immigration Lawyer Fees: Hiring an experienced immigration lawyer to assist with your family-based Green Card application can be a valuable investment. Immigration lawyer fees can vary widely depending on their experience, location, and the complexity of your case.

Keep in mind that these costs are just a general overview costs associated with family-based Green Cards and may not apply to every situation.

Family Green Cards Application Process

The application process for family-based Green Cards varies depending on the category and the location of the beneficiary (the foreign family member). In this section, we will outline the general steps involved in the process:

Step 1. File Form I-130, Petition for Alien Relative

• The U.S. citizen or lawful permanent resident (LPR) family member must file Form I-130 with U.S. Citizenship and Immigration Services (USCIS) to establish the qualifying relationship with the beneficiary.
• Supporting documents, such as birth certificates, marriage certificates, and proof of the petitioner’s U.S. citizenship or LPR status, must be submitted with the form.
• USCIS will review the petition and issue a decision. If approved, the petition will be forwarded to the National Visa Center (NVC) for further processing.

Step 2. Wait for a Visa Number to Become Available

• Immediate relatives of U.S. citizens are not subject to annual visa quotas and can proceed with the next steps immediately.
• Beneficiaries in the preference categories must wait for a visa number to become available based on the Visa Bulletin published by the U.S. Department of State. The waiting time can vary from a few months to several years, depending on the category and the beneficiary’s country of origin.

Step 3. Consular Processing or Adjustment of Status

• Beneficiaries living outside the United States will need to apply for an immigrant visa through consular processing at a U.S. embassy or consulate in their home country. They will be required to complete Form DS-260, Immigrant Visa Application, and attend an interview with a consular officer.
• Beneficiaries already in the United States may be eligible to apply for Adjustment of Status by filing Form I-485, Application to Register Permanent Residence or Adjust Status. They will need to submit supporting documents, attend a biometrics appointment, and may be required to attend an interview with a USCIS officer.

Step 4. Medical Examination and Vaccinations

• Beneficiaries must undergo a medical examination by a USCIS-approved civil surgeon (if in the United States) or a panel physician (if abroad). They must also receive the required vaccinations.

Step 5. Final Decision

• If the application is approved through consular processing, the beneficiary will receive an immigrant visa to enter the United States. Upon arrival, they will be granted permanent resident status (a Green Card).
• If the application is approved through Adjustment of Status, the beneficiary will receive their Green Card in the mail.

Please note that each case is unique, and the application process may vary depending on the specific circumstances. It is essential to carefully follow all instructions provided by USCIS or the consular office and submit all required forms and documentation in a timely manner.

Fiancé Visa and Family Green Cards

While the primary focus of this article is on family Green Cards for immediate relatives and preference categories, it’s worth mentioning the K-1 fiancé visa, which also leads to obtaining a Green Card through marriage. The K-1 visa allows a U.S. citizen to bring their foreign fiancé(e) to the United States with the intention of getting married within 90 days of their arrival.

Once the couple is married, the foreign spouse can apply for a Green Card through the adjustment of status process, just like other immediate relatives of U.S. citizens. The K-1 visa and subsequent adjustment of status process are closely related to family Green Cards since the end goal is to secure permanent residency for the foreign spouse based on their relationship with a U.S. citizen.

Family Green Cards Timeline

The timeline for obtaining a family-based Green Card can vary significantly based on several factors, including the relationship between the petitioner and the beneficiary, the visa category, the applicant’s country of origin, and USCIS processing times. Here’s a general overview of the timeline involved in the family Green Card process:

Immediate Relatives:

For immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents), the visa number is typically available immediately, meaning that the processing time is mainly dependent on USCIS and consular processing times. Generally, the processing time for immediate relatives can range from 8 to 15 months.

Preference Categories:

For family members in the preference categories (F1, F2A, F2B, F3, and F4), the timeline can be significantly longer due to the limited number of visas available each year and the backlog of applicants. The wait time for a visa number can range from a few years to over two decades, depending on the specific category and the applicant’s country of origin.

Adjustment of Status vs. Consular Processing:

The timeline for adjustment of status applications is generally shorter than consular processing, as the entire process takes place within the U.S. and does not require travel to a consulate or embassy. Adjustment of status processing times can range from 8 to 15 months, while consular processing can take 12 to 24 months or more.

Removal of Conditions:

For those who receive a conditional Green Card based on marriage, the removal of conditions process (Form I-751) typically takes 12 to 18 months to complete. During this time, the applicant’s Green Card status is extended, allowing them to continue living and working in the U.S.

USCIS processing times can vary widely and may change over time. It’s essential to monitor the processing times for the specific forms involved in your family Green Card application to get a more accurate estimate of the overall timeline. Please note that these timelines are only general estimates and may not apply to every situation. Each case is unique, and various factors can impact the processing time.

Common Challenges and Issues

Applying for a family Green Card can be a complex and time-consuming process. Applicants often face several challenges and issues that can delay or even jeopardize their chances of obtaining permanent resident status. Some of the common challenges and issues include:

Incomplete or Inaccurate Information:

Failing to provide complete, accurate, and consistent information on the required forms and in supporting documents can lead to delays, requests for additional evidence, or even denials.

Affidavit of Support and Financial Requirements:

The U.S. citizen or LPR petitioner must demonstrate they can financially support the beneficiary by submitting Form I-864, Affidavit of Support. Failure to meet the income requirements or provide adequate supporting documentation can result in the application being denied.

Meeting Deadlines and Visa Availability:

Applicants must be mindful of various deadlines and visa availability, particularly for those in the preference categories, as missing deadlines or not acting promptly when a visa number becomes available can lead to delays or loss of eligibility.

Inadmissibility Issues:

Beneficiaries may face inadmissibility issues, such as criminal history, previous immigration violations, or health-related grounds, which can make them ineligible for a Green Card. In some cases, waivers may be available to overcome these issues, but obtaining a waiver can be challenging and may require additional time and documentation.

Long Processing Times:

The processing times for family-based Green Card applications can be lengthy and vary depending on the category, the specific case, and the processing office or consulate handling the case. Applicants must be prepared for potentially long wait times.

Proving the Validity of the Relationship:

USCIS and consular officers thoroughly scrutinize the relationship between the petitioner and the beneficiary to ensure it is genuine. Applicants may be required to provide extensive documentation and evidence to prove the validity of the relationship, and failure to do so can result in denial.

Changes in Personal Circumstances:

Changes in personal circumstances, such as the death of the petitioner, divorce, or reaching the age of 21 for unmarried children of U.S. citizens or LPRs, can impact the eligibility for a Family Green Card.

Conditional Green Cards and Removal of Conditions

Certain family-based Green Card applicants are initially granted conditional permanent resident status, which lasts for two years. This applies to spouses of U.S. citizens or lawful permanent residents who have been married for less than two years at the time their Green Card is approved. The same applies to the unmarried children (under 21) of the principal applicant who obtained their Green Card based on the marriage.

The purpose of the conditional Green Card is to ensure that the marriage was entered into in good faith and not for the sole purpose of obtaining immigration benefits. To remove the conditions and obtain a permanent Green Card, the conditional permanent residents must:

1. File Form I-751, Petition to Remove Conditions on Residence: The conditional resident and the U.S. citizen or LPR spouse must jointly file Form I-751 within the 90-day window before the two-year conditional Green Card expires. Failure to file within this timeframe may lead to the termination of the conditional resident status and removal proceedings.
2. Provide Evidence of a Bona Fide Marriage: When filing Form I-751, the couple must provide evidence that the marriage was entered into in good faith and is still ongoing (or was terminated through divorce, annulment, or death). This can include documentation showing shared assets and liabilities, joint bank accounts, shared living arrangements, birth certificates of children born during the marriage, and affidavits from friends and family members.
3. Attend a USCIS Interview (if required): USCIS may require the couple to attend an interview to verify the information provided in Form I-751 and assess the genuineness of the marriage. The couple should be prepared to answer questions about their relationship and provide any additional documentation requested by the USCIS officer.
4. Receive Approval and Obtain a Permanent Green Card: Once USCIS approves the I-751 petition, the conditions on the resident status will be removed, and the applicant will receive a new, permanent Green Card. This card will be valid for ten years and can be renewed indefinitely, as long as the individual remains a lawful permanent resident.

It is crucial to follow the process for removing conditions on residence carefully and timely to maintain lawful permanent resident status in the United States.

How an Immigration Lawyer Can Help with Family Green Cards

Navigating the complex world of family-based immigration and Green Card applications can be challenging, especially when dealing with various eligibility criteria, documentation requirements, and potential issues that may arise during the process. An experienced immigration lawyer can provide invaluable assistance in many ways, including:

1. Evaluating Eligibility: A skilled immigration lawyer can assess your specific situation to determine your eligibility for a family-based Green Card, taking into account your relationship to the petitioner, preference categories, and any potential bars to admissibility.
2. Preparing and Filing Forms and Documentation: An immigration lawyer can help you prepare and file all the necessary forms, such as the I-130 petition, I-485 adjustment of status application, or consular processing paperwork. They can also guide you in gathering the required supporting documentation, ensuring that your application is accurate and complete to minimize delays or issues.
3. Advising on Common Challenges and Issues: A knowledgeable lawyer can identify potential challenges or issues that may arise during the Green Card application process and develop strategies to address them proactively. This can include guidance on overcoming inadmissibility grounds, dealing with long wait times for visa numbers, or responding to requests for evidence (RFEs) from USCIS.
4. Assistance with Conditional Green Cards and Removal of Conditions: If you are granted a conditional Green Card, an immigration lawyer can guide you through the process of filing Form I-751, Petition to Remove Conditions on Residence, and preparing for any required interviews with USCIS.
5. Representation in Case of Denial or Complications: In the event of a denied petition or other complications, an immigration lawyer can provide legal representation, advocate on your behalf, and explore options such as filing an appeal or a motion to reconsider or reopen the case.

By working with an experienced immigration lawyer, you can increase your chances of a successful family-based Green Card application, streamline the process, and avoid common pitfalls that may delay or jeopardize your immigration goals.

If you need help with the family-based Green Card process or have questions about your specific immigration situation, our experienced family Green Card lawyers in Atlanta at Glenn Immigration can provide personalized guidance and support. Don’t face the complexities of the U.S. immigration system alone. Reach out to us today to schedule an initial consultation and get started on the path towards bringing your family together in the United States.

Family Green Cards FAQs

In this section, we will address some of the most frequently asked questions about Family Green Cards. These FAQs can provide valuable information and insights for individuals and families seeking to understand the family-based immigration process.