Answer By law4u team
Applying for a Green Card through a family member is one of the most common and well-established routes to obtain permanent residency in the U.S. The process can vary depending on your relationship with the sponsoring family member and their status (U.S. citizen or permanent resident).
Step-by-Step Process to Apply for a Green Card Through a Family Member
Determine Eligibility
Immediate Relatives
The first step is to determine whether you qualify as an immediate relative of a U.S. citizen or lawful permanent resident (LPR). Immediate relatives include:
- Spouse of a U.S. citizen
- Unmarried child under 21 years old of a U.S. citizen
- Parent of a U.S. citizen (if the U.S. citizen is 21 or older)
Family Preference Categories
If you are not an immediate relative, you may still be eligible through the family preference system, which gives priority to certain categories of family relationships:
- First preference (F1): Unmarried children over 21 of U.S. citizens
- Second preference (F2A): Spouses and unmarried children (under 21) of lawful permanent residents
- Second preference (F2B): Unmarried children over 21 of lawful permanent residents
- Third preference (F3): Married children of U.S. citizens
- Fourth preference (F4): Siblings of U.S. citizens (if the U.S. citizen is 21 or older)
File a Family-Based Petition
The U.S. citizen or permanent resident relative will need to file a Form I-130, Petition for Alien Relative. This petition proves that a valid family relationship exists between you and the sponsor.
Once the petition is approved by the U.S. Citizenship and Immigration Services (USCIS), you can proceed with the next steps, which may involve either Adjustment of Status (if you are already in the U.S.) or Consular Processing (if you are outside the U.S.).
Wait for Priority Date to Become Current (for Family Preference Categories)
If you are applying under the family preference system, you will need to wait for your priority date (the date USCIS receives the Form I-130) to become current. This depends on your category and country of origin. The Visa Bulletin published monthly by the U.S. Department of State will show when your priority date is current and when you can move forward with the application.
Apply for a Green Card
Adjustment of Status (If Inside the U.S.)
If you are already in the U.S., you may be able to apply for a Green Card without leaving the country by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
During this process, you will attend a biometric appointment for fingerprinting, and you may be called for an interview with USCIS. You may also be required to submit additional documents (medical exams, financial support documents, etc.).
Consular Processing (If Outside the U.S.)
If you are outside the U.S., you will complete the process through consular processing. This means you will need to attend an interview at a U.S. consulate or embassy in your home country. You will submit your Form DS-260 (immigrant visa application), attend the interview, and provide supporting documents.
If approved, you will receive an immigrant visa to travel to the U.S. and become a permanent resident upon entry.
Attend Interview and Wait for Approval
If required, you and your family member may be called for an interview. The officer will review your application, ask questions, and assess the authenticity of your relationship.
If your application is approved, you will either receive a Green Card if you're adjusting status in the U.S. or an immigrant visa if applying abroad. Once you enter the U.S. with an immigrant visa, you will receive your Green Card by mail.
Important Considerations
Affidavit of Support
The U.S. citizen or permanent resident sponsor must submit an Affidavit of Support (Form I-864) to prove they can financially support you and ensure that you won't rely on public benefits.
Health and Security Checks
You will undergo a medical examination and may need to provide police clearances as part of the application process.
Any criminal history or past immigration violations can affect the outcome of your application.
Processing Times
The time it takes to process a family-based Green Card application varies. Immediate relatives typically have faster processing times, while family preference categories may take several years, depending on the visa backlog.
Children of Green Card Holders
Children under 21 of applicants may be eligible to apply for a Green Card simultaneously as their parent, depending on their age and the sponsor’s status.
Example
Lina, a U.S. citizen, files a Form I-130 petition for her husband, Ali, who lives in Pakistan. After USCIS approves the petition, Ali must wait for the priority date to become current under the family preference category for spouses of U.S. citizens. Once the date is current, Ali applies for an immigrant visa through consular processing in Pakistan. He attends the visa interview at the U.S. embassy, and upon approval, he receives his immigrant visa. After entering the U.S., he becomes a permanent resident and receives his Green Card.
Legal Actions and Protections
Consult an Immigration Attorney
It is advisable to work with an immigration attorney to ensure that the process is followed correctly, especially if there are issues such as previous immigration violations or complex family situations.
Stay Updated on Visa Bulletin
For those in the family preference categories, regularly checking the Visa Bulletin will help you track when your priority date becomes current, so you know when to take the next steps.
Conclusion
Applying for a Green Card through a family member is a structured process that requires proper documentation, patience, and understanding of the eligibility requirements. Whether you are applying as an immediate relative or under a family preference category, the process can lead to successful permanent residency if all requirements are met.
