What Is a Family-Based Green Card?
The family green card process allows U.S. citizens and lawful permanent residents to sponsor certain family members for permanent residency in the United States. Through this path, families can legally reunite, live, work, and build a future together without fear of separation.
This category remains one of the most common and important pathways to immigration. However, each case must meet specific eligibility requirements, follow strict documentation standards, and often navigate complex waiting periods based on visa availability.
Eligibility for a Family-Based Green Card
Eligibility depends largely on the relationship between the sponsor and the person seeking a green card. The U.S. immigration system divides family-based immigration into two main groups: Immediate Relatives and Family Preference Categories.
Immediate Relatives of U.S. Citizens
Immediate relatives are not subject to annual visa caps, meaning there is no waiting list for a green card once the petition is approved.
Unmarried children under 21 years of age
Parents of U.S. citizens (if the sponsoring child is 21 or older)
Family Preference Categories
These categories are subject to numerical limits each year and often have waiting periods based on the applicant’s country of origin and relationship to the sponsor:
F1 - Unmarried sons and daughters (21 years or older) of U.S. citizens
F2A - Spouses and unmarried children (under 21) of lawful permanent residents
F2B - Unmarried sons and daughters (21 years or older) of lawful permanent residents
F3 - Married sons and daughters of U.S. citizens
F4 - Brothers and sisters of U.S. citizens (sponsor must be at least 21 years old)
Sponsoring as a
U.S. Citizen
U.S. citizens can petition for a wide range of family members. Immediate relatives - spouses, unmarried children under 21, and parents - benefit from no visa limits, often receiving their green card in 12-18 months. Preference categories like siblings (F4) face longer waits, potentially over 10 years, due to visa backlogs. Check the Visa Bulletin to track priority dates and consult our team to streamline your application.
Sponsoring as a
Green Card Holder
Family Green Card Application Process
The family-based green card process depends on the beneficiary’s location (inside or outside the U.S.) and the sponsor’s status. Below, we outline the steps for both scenarios, including fees and required documents.
Beneficiary in the U.S.
If the beneficiary is already in the U.S. on a valid visa (e.g., a tourist or student visa), they may be eligible to adjust their status to permanent resident without leaving the country. This process, known as Adjustment of Status (AOS), allows the beneficiary to apply for a green card while remaining in the U.S. The steps for Adjustment of Status are as follows:
File Form I-130 (Petition for Alien Relative)
The sponsor files Form I-130 with USCIS to establish the qualifying family relationship. For immediate relatives, this form can be filed concurrently with the beneficiary’s green card application. For preference categories, the I-130 must be approved, and a visa must become available per the Visa Bulletin before proceeding.
File Form I-485 (Adjustment of Status)
The beneficiary submits Form I-485 to adjust their status to permanent resident. If the sponsor is a U.S. citizen and the beneficiary is an immediate relative, this can be filed at the same time as the I-130 (known as concurrent filing). This step includes biometrics (fingerprinting) and background checks.
Submit Supporting Forms
Alongside Form I-485, the beneficiary may need to file Form I-765 for work authorization, Form I-131 for travel outside the U.S. during processing, and Form I-864 from the sponsor to prove financial support.
Attend an Interview (if Required)
USCIS may schedule an interview at a local field office to verify the relationship and review the application. For example, a spouse may be asked to provide evidence of a genuine marriage, such as joint bank statements or photos.
Receive a Decision
If approved, the beneficiary receives their green card, granting permanent residency. Processing typically takes 12-18 months for immediate relatives and longer for preference categories due to visa availability.
Attorney Fees
We help U.S. citizens petition for eligible family members, including siblings and parents, to obtain lawful permanent residence (Green Cards) in the United States.
Attorney Fees
Green Card for Sibling of U.S. Citizen: $1,995
Green Card for Parent of U.S. Citizen: $2,500
How to Get Started – Simple 3-Step Process
Request a Retainer
Fill out a quick form to request a Retainer Agreement for your family-based Green Card petition.
Request Retainer AgreementSign and Begin
Once the agreement and attorney fee are submitted, we’ll provide access to your secure client portal to complete the intake form and upload all required supporting documents.We Handle the Filing
Our attorneys will prepare and file the I-130 petition and follow up with USCIS through each step of the process.
Filing Fees from Inside the U.S.
- Form I-130: $675 (paper) or $625 (online)
- Form I-485: $1,440 (includes biometrics)
- Form I-131 (Travel Permit, Optional): $630
- Form I-765 (Work Permit, Optional): $260
- Medical Exam: $200-$500 (varies by provider)
Required Documents When Filing Inside the U.S.
- Passport: A copy of the biodata page, valid for at least six months.
- Birth Certificate: A certified copy to verify your identity and relationship to the sponsor (e.g., for children or siblings).
- Marriage Certificate (if applicable): A certified copy to prove your legal marriage, required for spouse petitions.
- Divorce or Death Certificate (if applicable): For any prior marriages of the beneficiary or sponsor, to show they were legally terminated.
- Proof of Lawful Entry: Form I-94 travel record or entry stamp in your passport, showing you entered the U.S. legally.
- Evidence of Family Relationship: Documentation proving the relationship with the sponsor, such as birth certificates linking parent to child, marriage certificates for spouses, or shared family photos and affidavits from relatives/friends for siblings or parents.
- Form I-864 (Affidavit of Support): Completed by your sponsor, with their tax returns or pay stubs to prove financial support.
- Two Passport-Style Photos: 2×2 inches, meeting USCIS specifications (white background, no glasses).
Beneficiary Outside the U.S.
If the beneficiary is outside the U.S., they must go through consular processing to obtain an immigrant visa before entering the U.S. as a permanent resident. This process involves working with the U.S. embassy or consulate in the beneficiary’s home country. The steps for consular processing are as follows:
File Form I-130 (Petition for Alien Relative)
The sponsor submits Form I-130 to USCIS. Once approved, the beneficiary waits for a visa to become available (immediate relatives can proceed immediately, while preference categories must wait for their priority date to become current).
National Visa Center (NVC) Processing
After USCIS approval, the case is transferred to the NVC, which assigns a case number and collects fees, documents, and forms from the beneficiary.
Submit Visa Application and Documents
The beneficiary completes Form DS-260 (Immigrant Visa Application) online and submits supporting documents to the NVC, including the sponsor’s Form I-864 (Affidavit of Support).
Attend a Consular Interview
The beneficiary attends an interview at the U.S. embassy or consulate, where an officer verifies the relationship and admissibility. A medical exam with a USCIS-approved doctor is required before the interview.
Receive a Decision
If approved, the beneficiary receives an immigrant visa, which allows them to enter the U.S. as a permanent resident. Their green card will be mailed to their U.S. address shortly after entry.
Attorney Fees
We help U.S. citizens petition for eligible family members, including siblings and parents, to obtain lawful permanent residence (Green Cards) in the United States.
Attorney Fees
Green Card for Sibling of U.S. Citizen: $1,995
Green Card for Parent of U.S. Citizen: $2,500
How to Get Started – Simple 3-Step Process
Request a Retainer
Fill out a quick form to request a Retainer Agreement for your family-based Green Card petition.
Request Retainer AgreementSign and Begin
Once the agreement and attorney fee are submitted, we’ll provide access to your secure client portal to complete the intake form and upload all required supporting documents.We Handle the Filing
Our attorneys will prepare and file the I-130 petition and follow up with USCIS through each step of the process.
Filing Fees from Outside the U.S.
- Form I-130: $675 (paper) or $625 (online)
- State Department Processing Fee: $325
- USCIS Immigrant Fee: $235
- Form I-864: $120
- Medical Exam: $200-$500 (varies by country)
Required Documents When Filing Inside the U.S.
- Passport: A copy of the biodata page, valid for at least six months beyond your intended entry date to the U.S.
- Birth Certificate: A certified copy to verify your identity and relationship to the sponsor (e.g., for children, parents, or siblings).
- Marriage Certificate (if applicable): A certified copy to prove your legal marriage, required for spouse petitions.
- Divorce or Death Certificate (if applicable): For any prior marriages of the beneficiary or sponsor, to show they were legally terminated.
- Police Certificates: Certificates from your current country of residence and any country where you lived for more than six months since age 16, to verify your criminal background.
- Evidence of Family Relationship: Documentation proving the relationship with the sponsor, such as birth certificates linking parent to child, marriage certificates for spouses, or shared family photos and affidavits from relatives/friends for siblings or parents.
- Form I-864 (Affidavit of Support): Completed by your sponsor, with their tax returns or pay stubs to prove financial support.
- Two Passport-Style Photos: 2×2 inches, meeting USCIS specifications (white background, no glasses).
- Medical Examination Results: Completed by a USCIS-approved doctor in your country, submitted in a sealed envelope at your consular interview.
Common Challenges and How to Avoid Them
Delays Due to Visa Backlogs
For preference categories (e.g., F4 siblings), visa availability is limited, leading to long wait times. Check the Visa Bulletin regularly to track your priority date, and consider consulting an attorney to explore faster pathways, such as the sponsor becoming a U.S. citizen.
Insufficient Evidence of Relationship
USCIS requires proof of a genuine relationship, especially for spouses. Lack of evidence, such as joint financial records or photos, can lead to denials. Gather strong documentation early, and an attorney can help identify additional evidence to strengthen your case.
Errors in Application Forms
Mistakes on forms like I-130 or I-485 can result in delays or rejections. Double-check all information before submission, and consider legal assistance to ensure accuracy.
Issues with Inadmissibility
Grounds of inadmissibility, such as prior immigration violations or criminal history, can complicate approval. If the beneficiary faces these issues, an attorney can help apply for waivers (e.g., Form I-601) to address inadmissibility.
Frequently Asked Questions
How Long Does the Family-Based Green Card Process Take?
Processing times vary. Immediate relatives of U.S. citizens typically take 12-18 months for Adjustment of Status or 10-14 months for consular processing. Preference categories can take several years due to visa backlogs - F4 sibling petitions, for example, may take over 10 years.
Can I Work While My Green Card Application Is Pending?
If applying via Adjustment of Status, you can file Form I-765 to obtain an Employment Authorization Document (EAD), allowing you to work legally while your application is processed.
Can I Travel Outside the U.S. During the Process?
For Adjustment of Status, file Form I-131 for a travel document (Advance Parole) to avoid abandoning your application. For consular processing, you’ll need to wait until your immigrant visa is issued before entering the U.S.
Can a green card holder sponsor their spouse or children?
Yes. Lawful permanent residents can sponsor their spouses and unmarried children under the F2A and F2B categories.
How long does a U.S. citizen have to wait to sponsor parents?
There is no wait list for parents of U.S. citizens. Once the I-130 is approved and processed, green cards are issued based on normal processing times.
What documents prove a bona fide marriage?
Joint leases, joint bank accounts, insurance policies, birth certificates of children, and photographs are typical proof of a genuine marriage.
What if the sponsoring family member dies during the process?
In limited cases, the petition can continue under “humanitarian reinstatement” if certain criteria are met.
What Happens If My I-130 Petition Is Denied?
Denials often result from errors or insufficient evidence of the relationship. You can refile with corrected information and a new fee, or appeal the decision with help from an attorney.
- What Is a Family-Based Green Card?
- Who Can Apply?
- Beneficiary in the U.S.
- Fees & Documents (Inside U.S.)
- Beneficiary Outside the U.S.
- Fees & Documents (Outside U.S.)
- Common Challenges
- FAQs
Overview
Application Process
More Information