U.S. citizens and lawful permanent residents (green card holders) have the privilege of sponsoring certain family members to become permanent residents of the United States. Obtaining a family-based green card not only provides lawful permanent residency but also grants the ability to work legally in the U.S. through employment authorization.
While the process takes time and requires careful documentation, starting correctly can make all the difference. Keep in mind that this right applies primarily to immediate relatives—more distant relatives must explore other immigration pathways. Because U.S. immigration law and documentation can be complex, immigration attorneys at Green Card Link help make the process clear, efficient, and successful.
Getting a Family-Based Green Card with Green Card Link Is Simple
At Green Card Link, our immigration attorneys guide families through every stage of the sponsorship and green card process. Below are key steps and practical tips to help you understand how family-based immigration works in the U.S.
Note: The information below reflects policies effective as of October 2, 2020.
7 Essential Tips for Obtaining a Family-Based Green Card
1. Determine Who You Can Sponsor
- Spouse (IR-1)
- Unmarried child under 21 (IR-2)
- Orphan adopted abroad (IR-3)
- Orphan to be adopted in the U.S. (IR-4)
- Parent (if you are at least 21 years old) (IR-5)
You must provide proof of your qualifying relationship, such as marriage certificates, birth certificates, or adoption records.
If you are a U.S. citizen living abroad, you may also file an immigrant visa petition through a U.S. embassy or consulate—provided you have lived there legally for at least six months. Additional requirements may apply, so consulting an immigration attorney at Green Card Link is highly recommended to ensure eligibility.
2. Understand the Family-Based Green Card Subcategories
Knowing which category applies to your family member is critical. The U.S. Citizenship and Immigration Services (USCIS) prioritizes immediate relatives to encourage family unity. This means you can file both the Form I-130 (Petition for Alien Relative) and Form I-485 (Adjustment of Status) simultaneously, a process known as concurrent filing.
Concurrent filing is typically available to immediate relatives and select applicants in other categories.
Family Preference Categories
For relatives who are not considered “immediate,” the U.S. government assigns preference categories:
- F-1 – Unmarried sons and daughters (21 or older) of U.S. citizens
- F-2A – Spouses and unmarried children under 21 of lawful permanent residents
- F-2B – Unmarried sons and daughters (21 or older) of lawful permanent residents
- F-3 – Married sons and daughters of U.S. citizens
- F-4 – Siblings of U.S. citizens
Each category has its own waiting period, based on visa availability and the applicant’s country of origin.
3. Prepare for Processing Times
The family-based green card process involves multiple steps. As the petitioner, you must file Form I-130 with USCIS. If you’re sponsoring more than one relative, a separate petition is required for each person.
Priority Dates
Once USCIS receives your petition, you’ll be assigned a priority date, which determines your place in the queue for a visa. Because the number of available visas is limited (approximately 480,000 annually), wait times can vary significantly.
The U.S. Department of State’s Visa Bulletin lists monthly “final action dates” that indicate when applicants can move forward. High-demand countries may experience longer backlogs. Unfortunately, premium processing is not available for family-based I-130 petitions.
Visa Retrogression
Sometimes, due to annual visa limits, the “final action date” may move backward—a process known as retrogression. When the new fiscal year begins on October 1, visa numbers reset, often returning to earlier cutoff dates.
Documentation Needed
To file Form I-130, you’ll need:
- Proof of U.S. citizenship or lawful permanent residency
- Evidence of your qualifying family relationship
- Proof of income showing financial ability to support the relative (125% above the federal poverty level)
Typically, immediate relatives experience a 6–12 month processing time, although this can vary.
4. Check the Child Status Protection Act (CSPA)
If your child turns 21 while the petition is pending, the Child Status Protection Act (CSPA) may help preserve their eligibility as a “child” under immigration law. For example, if a U.S. citizen parent files the petition, the child’s age “freezes” on the date of filing. Similarly, if a lawful permanent resident parent becomes a citizen before the child turns 21, the age locks in at that date.
5. Avoid Misuse of a Green Card
Permanent residency can be revoked if misused. Acts that may jeopardize your green card include:
- Committing certain crimes
- Failing to report a change of address
- Establishing a primary residence outside the U.S.
To protect your status, maintain continuous residency and comply with all immigration laws.
6. Be Aware of Associated Fees
Several fees apply when sponsoring a relative for a green card, including:
- Form I-130 filing fee – $550
- Form I-485 filing fee – $1,130
- DS-261 Immigrant Visa Application Fee – $445
- Biometrics fee – $85
You may also incur additional expenses, such as medical examination costs, vaccination fees, and travel expenses. Filing the correct forms with the proper fees is crucial to avoid delays.
7. Get Legal Assistance from Immigration Attorneys at Green Card Link
The family-based immigration process involves detailed paperwork and strict timelines. Mistakes can lead to costly delays or denials. That’s why working with experienced immigration attorneys at Green Card Link is invaluable.
Our team provides personalized guidance, ensuring all forms, evidence, and financial documentation are properly prepared and filed. We are dedicated to keeping families together and making your path to permanent residency as seamless as possible.
Contact Green Card Link today to start your family green card process with confidence.
