Green Cards for Family Members

Many people petition for a green card and permanent resident status through family members. The United States promotes family unity, and allows US citizens and permanent residents to petition for certain relatives to come and live permanently in the United States. You may be eligible to get a green card through a family member who is a US citizen or permanent resident.

• Many family members who are already in the United States may qualify for adjustment of status to permanent residence in the United States, which means they are able to complete their immigrant processing without having to return to their home country.
• Those relatives outside the United States or those who are not eligible to adjust status in the United States may be eligible for consular processing through a US embassy or consulate abroad that has jurisdiction over their foreign place of residence.

Qualifying for a Green Card as a Family Member of a US Citizen

There are two main categories of family members of US citizens that qualify to petition for a green card.

Immediate Relatives of a US Citizen

For the purposes of a green card petition, you are considered an immediate relative if you are:

• The spouse (husband or wife) of a US citizen
• The child (unmarried and under 21 years old) of a US citizen
• The parent of a US citizen (if the US citizen is 21 years or older)

Family Preference Immigrants of a US Citizen

For the purposes of a green card petition, you are considered a family preference immigrant to a US citizen if you are:

• The spouse (husband or wife) of a US citizen
• The child (unmarried and under 21 years old) of a US citizen
• The parent of a US citizen (if the US citizen is 21 years or older)

Qualifying for a Green Card as a Family Member of a US Permanent Resident

For the purposes of a green card petition, you are considered a family preference immigrant to a US permanent resident if you are:

• The spouse of a US permanent resident
• The child (unmarried and under 21 years old) of a US permanent resident
• The unmarried child (21 years or older) of a US permanent resident

Green Cards through Special Family Categories

You may also be eligible to get a green card if you are:

• A battered child or spouse of a US citizen
• A K-1 Fiancé(e) Visa holder entering the United States as the spouse of a US citizen
• An accompanying child of a K-1 Fiancé(e) Visa holder entering the United States as the spouse of a US citizen
• A V Nonimmigrant Status Visa holder (a nonimmigrant visa created to allow families to stay together while waiting for the processing of immigrant visas)
• The widow(er) of a US citizen
• Born to a foreign diplomat in the United States

How to Obtain a Green Card for Family Preference Immigrants of US Citizens & Permanent Residents

The first step to obtaining a green card for a qualifying family preference immigrant is to establish a relationship by filing Form I-130 with USCIS. Once Form I-130 is receipted by USCIS, a priority date is issued. The priority date will determine when the relative will be able to process their green card. After Form I-130 has been approved and the wait time has been met, the consular processing or adjustment stage begins. If the process is successful, a green card will then be issued.

The process of petitioning for a Green Card for a family preference immigrant can be done from inside or outside the United States, and is handled differently depending on whether the family member is already in the United States in legal status or whether they will be processed at a consulate.

• Inside the US. If the family is already in the United States, a valid immigration status Form I-130 and Form I-485 can be filed together. Once the I-130 and I-485 are approved, a green card will be issued.
• Outside the US. If the family member is not within the United States, the process will begin by filing Form I-130 through a US consulate. Once Form I-130 is approved, the family member will then begin consular processing for their green card.

How long does this process take? Family preference immigrants of a US citizen or permanent resident are subject to wait times. Currently, visa wait times range from a few years to several years.

Take the Worry Out of the Petition Process—Hire an Immigration Lawyer

The Green Card petition process for the family members of a US citizen is complex and must be done properly with attention to detail. Failure to follow the process with exactness can result in processing delays, additional expenses, and even denials. It is our experience that otherwise approvable Green Card petitions are delayed or denied because the proper procedures are not followed. This leads to increased wait times, unnecessary expenses, and unneeded stress.

It is best to work with an experienced US immigration lawyer early on in the process. We understand the sensitive nature of this process, and the importance of properly filing each petition with attention to detail and with adequate supporting evidence. We work with each client to compile adequate supporting evidence, complete all necessary Forms, and only file approvable petitions.