A family-based green card is one of the most popular ways to become a permanent resident in the United States. That’s not to say it’s easy or a fast process, however, and wait times are often quite lengthy. For that reason, it’s always recommended that a professional immigration attorney handle your case from start to end to avoid any delays or denials.
Currently, this particular visa program accounts for about two-thirds of the more than 1 million green cards issued annually. Just like every other immigrant visa, the family-based green card has several subcategories, each determined by the family relationship that exists between the sponsor and the beneficiary of the visa.
Family immigration is one of our key services at VisaNation. Over the past decade, we helped thousands of families reunite in the U.S.
Get Green Cards for Your Family Members
What is a Family-Based Green Card?
The family-based green card category is broadly grouped into two categories, namely the immediate relative category and the family preference category.
Green card applications for each of these two groups are treated differently. The relationship between the visa petitioner and the beneficiary will determine the steps and processing time of the application.
Immediate Relative Immigrant (IR) Visas
This family-based visa type is issued to close relatives of U.S. citizens. The subcategory tops other types of family-based visas because there is no limit to how many can be issued in a year, and it also has the fastest adjudication process. Immediate relatives are categorized as follows:
- IR-1: Spouse of a U.S. citizen
- IR-2: A United States citizen’s unmarried child under the age of 21
- IR-3: An orphan adopted abroad by a U.S. citizen
- IR-4: An orphan to be adopted in the United States by a U.S. citizen
- IR-5: A United States citizen’s parent who is at least 21 years of age
It’s Easy and Simple to Get Family Green Cards with VisaNation
Start ]
Family Preference Immigrant Visas
This is meant for certain family members of U.S. citizens and lawful permanent residents. Unlike the immediate relative subcategory, family preference green cards have a numerical limitation, and only a specified number can be issued each year.
Once the number has been reached for a particular fiscal year, other applicants will need to wait in the visa line. The wait time can be for several months or years, depending on the visa backlogs in their category. Family preference green cards are:
- Family First Preference (F1): This is for unmarried sons and daughters of U.S. citizens and their minor children. 23,400 visas are issued annually to applicants in this category.
- Family Second Preference (F2): This is for spouses, minor children, and unmarried sons and daughters (21 years and above) of lawful permanent residents. 114,200 visas are issued annually, and up to 77% of the family-based green cards for this category usually go to spouses and children. The remainder in the subcategory will be allocated to unmarried sons and daughters.
- Family Third Preference (F3): This category is for married sons and daughters of U.S. citizens as well as their spouses and minor children. The annual limit is 23,400.
- Family Fourth Preference (F4): This is for brothers and sisters of U.S. citizens, and their spouses and minor children. The U.S. citizen (petitioner) must be 21 years and above. This category has an annual limit of 65,000 visas.
Learn how to track your green card step-by-step!
Not sure which preference category applies to you or your family members? We can help you with the entire process, from start to finish. Start today!
How Long Does It Take to Get a Family-Based Green Card
The processing time for a relative depends on:
- What category is the relative in
- Which field office is responsible for processing their application
- Whether the relative is applying from inside the U.S or abroad
|
Status of U.S. Spouse |
Currently Residing In... |
Approx. Wait Time 2025 |
|
U.S. Citizen |
United States |
9.5 months |
|
|
Abroad |
20.6 months |
|
U.S. Green Card Holder |
United States |
39 months |
|
|
Abroad |
45 months |
Applying from Inside the U.S.
The processing time for immediate relatives (spouses, unmarried children under 21 years old, and parents of U.S. citizens) filing from within the U.S. using form I-485 Adjustment of Status is 9.5 months, according to USCIS data.
If you are an immediate relative filing from within the U.S., you can file Form I-130 (petition for alien relative) and Form I-485 (Adjustment of Status) concurrently.
Once the I-485 is processed, the green card is delivered shortly after.
Applying from Outside the U.S.
Concurrent filing is not an option if you are applying from outside the U.S., meaning you must wait for the Form I-130 to finish processing, which takes approximately 14.6 months for immediate relatives, according to USCIS data.
After, you must undergo NVC consular processing. The waiting time for this phase can vary considerably depending on each embassy or consulate’s appointment availability, but typically takes around five to six months.
This involves filing DS-260, document preparation, an official medical appointment, and an interview with a consular officer.
For Family Preference Categories
For non-immediate family members of U.S. citizens, there is no automatic availability of visas. This includes:
- unmarried adult children of U.S. citizens (F1)
- spouses and unmarried children under 21 of green card holders (F2A)
- unmarried adult children of green card holders (F2B), married children of U.S. citizens (F3)
- siblings of U.S. citizens (F4).
If you fall under this category, check the latest monthly visa bulletin for the best estimate of how long it will take if you are not an immediate relative. Our YouTube video explains how you can get an estimate of when to file for your green card and when the green card will be available.
- Applicants must wait until there is a visa number available for them.
- As a U.S. permanent resident (green card holder), you are allowed to petition for your spouse or unmarried children to obtain green cards.
- Unlike a U.S. citizen, a green card holder is not permitted to petition for siblings, parents, or married children. The annual visa cap for the family members of green card holders is 114,200.
- Family-based green card applicants under this category may also experience quite a long processing time of up to 12 months and above. And in some cases, it may be as long as 5 to 10 years. Processing times can be a lot longer if your application is incomplete or contains errors.
Complete Your Green Card Application Today
What Are the Requirements for a Family-based Green Card
There is more to just being a green card holder or U.S. citizen when determining eligibility for family-based green card sponsorship. Apart from the citizenship or LPR basic prerequisite, the following criteria must also be met:
- You must be able to establish that you have a close family relationship with the visa beneficiary. The relationship must be in one of the categories listed above under immediate relatives or family preference.
- You must maintain your principal residence in the United States.
- As a green card sponsor, you must prove your readiness and capability to support your sponsored family member financially after arriving in the United States. You will need to sign an affidavit of support, which must show that your annual income can take care of you, the sponsored beneficiary, and every other dependent member of your household.
The minimum income requirement for family-based green card sponsorship is 125% of the Federal Poverty Guidelines.
How to Apply for a Family-based Green Card
Applicants whose petitions fall under immediate relative (IR) immigrants enjoy faster processing time than those who are family preference immigrants. However, the procedures and documentation for both types are the same and are as follows:
Step One: I-130 Petition for Alien Relative
The first step in a family-based green card application is the I-130 petition, which must be filed with the USCIS by a U.S. citizen or a lawful permanent resident. The I-130 is filed to establish the familial relationship that exists between the petitioner and the beneficiary.
After receiving the petition, the USCIS will process it and determine if all the family-based green card eligibility criteria are met by both the petitioner and the beneficiary. Once the I-130 petition is approved and there is an available immigrant visa for the category, then the visa beneficiary will need to take the next step by either applying for status adjustment or going through consular processing.
This will depend on whether the sponsored family member is in the United States or abroad.
Step Two: Green Card Processing
Family Members in the U.S.
This process is known as adjustment of status, in which you will need to file the I-485 with the USCIS. This is your main green card application after establishing a qualifying familial relationship with the I-130 petition. It must be filed along with all the required documents attached.
Concurrent Processing
The I-485 and I-130 forms can be submitted simultaneously by applicants who are immediate relatives, meaning that their category does not have numerical limitations.
Family Members Outside the U.S.
For family members outside the U.S., you will undergo consular processing. In this case, the approved I-130 will be forwarded to the appropriate embassy or consulate in the country where you (the beneficiary) reside. Both the petitioner and beneficiary will be notified when the petition reaches the embassy or consulate.
The notification will also contain when and how to proceed with your green card process through consular processing. These next steps involve a one-on-one interview with a consular officer to verify your eligibility. The required form for this is the DS-260, Application for Immigrant Visa and Alien Registration.
Other steps involved:
- Medical examination and receiving the required vaccinations
- Attending the green card interview. The consulate will notify you of the date and location of your visa interview after filling the above forms.
- Receiving the immigrant visa packet, which you will be given if your application is approved after your interview. This will allow you to travel to the U.S.
- Traveling to the U.S. The visa packet issued to you at the embassy is only permission to travel. You must prove to the Customs and Border Protection (CBP) officers at a U.S. port of entry (POE) that you are admissible into the United States. Upon your arrival at the POE, the CBP officer will inspect your visa packet and grant you entry as a permanent resident.
- Receiving your green card. After a few weeks in the U.S. (usually within 45 days), the USCIS will mail your family-based green card to you.
How VisaNation Law Group Can Help
VisaNation Law Group will help you prepare your family green-card petitions and documentation and avoid delays and refusals that can prolong the process. Our experienced family-based immigration attorneys can also guide you through the interview process. Start your immigration journey today!
Increase Your Green Card Approval Chances with VisaNation