Family-Based Green Card Application

You may qualify for a family green card and be eligible to become a permanent resident in the United States if you have a qualifying familial relationship with a U.S. citizen or lawful permanent resident. There are several steps involved for both you and your sponsor, which vary depending on your circumstances. This guide outlines eligibility requirements, step-by-step instructions for filing a family-based green card application,

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Step 1: Determine If You Are Eligible

The U.S. green card eligibility categories are split into two groups: immediate relatives and the family preference category. An immediate relative means you have a close familial relationship with a U.S. citizen. The family preference level, on the other hand, is for other, more distant family members of U.S. citizens as well as some specified family members of green card holders.

Immediate Relative (IR) Eligibility Criteria:

You may be qualified for a green card under the IR subcategory if you are:

• The spouse of a U.S. citizen (IR-1)
• The unmarried child under 21 years old of a U.S. citizen (IR-2)
• An orphan adopted by a U.S. citizen (IR-3)
• An orphan adopted by a U.S. citizen in the United States (IR-4)
• The parent of a U.S. citizen (IR-5). The U.S. citizen must be at least 21 years old.

Family Preference (F1-F4) Eligibility Criteria

You may be qualified for a green card under this subcategory if you are:

• The adult unmarried son or daughter of a U.S. citizen over the age of 21 (F1)
• The spouse, minor child, an unmarried son or daughter (age 21 and over) of a lawful permanent resident (F2)
• A married son or daughter of a U.S. citizen, including your spouse and minor children (F3)
• A brother or sister of an adult U.S. citizen (F4). The U.S citizen sponsor must be at least 21 years of age.

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Other Categories

You may be eligible for a family green card if you are a:

Step 2: Sponsor Files I-130 Petition on Your Behalf

Next, your sponsor initiates the green application process by filing Form I-130, Petition for Alien Relative.

The purpose of the application is to establish the existence of a qualifying family relationship between you and the sponsor. This must be proven with supporting evidence, which varies depending on the relationship (spouse vs parent, etc).

Important:

Beneficiaries that are immediate relatives and in the U.S. on a valid nonimmigrant visa (such as K-1 Fiance visa) can file the I-1-30, I-485, Form I-864 Affadavit of Support, and Form I-693, Report of Medical Examination and Vaccination Record (outlined in step 3) concurrently, significantly speeding up the green card process.

I-130 Processing Time

The median processing time for the USCIS to process the I-130 is 14.5 months. The actual time will depend on the workload at the service center processing your application.

If there is any missing documentation in the petition, USCIS will send a Request for Evidence (RFE). Until the required evidence is submitted, the processing is placed on hold, which increases the overall time.

You can avoid this unnecessary delay by ensuring that all the required documents are submitted with the I-130 form. If this petition is approved, then you (the foreign national beneficiary) will continue the process by applying for a green card.

Step 3: Wait in Line For a Green Card

If the beneficiary is an immediate relative, you can skip to the next step. However, beneficiaries under the Family Preference Category must wait for their priority date to become current with the final action dates in the visa bulletin before a green card is available.

To elaborate, when your priority date, found on USCIS Form I-797 receipt/approval notice, matches or passes the final action date in your country and category, your priority date will be considered “current,” and a green card will be available to you.

The reason for the visa bulletin is that the family preference categories are only allotted a certain number of visas each year for each country. When demand is more than the supply of green cards, this causes a backlog, which can be significant depending on the country and category.

Step 4: Apply for a Green Card

The next step of the green card application process will depend on your location.

• If you are in the United States on a valid non-immigrant visa, all you will need to do is file for adjustment of status.
• If you are based outside the U.S., you will undergo consular processing and have to apply for an immigrant visa at a U.S. consulate or embassy in your country of residence.

Inside the United States (I-485)

If you are inside the United States, filing Form I-485, Petition to Register Permanent Residence or Adjust Status, allows you to change your nonimmigrant status (K-1, H-1B, etc) to an immigrant status.

This is the last step of the green card application. The purpose of the I-485 is to prove that you, the applicant, pass the U.S. government’s safety and background check.

Along with the I-485, you must also file:

• Form I-864, Affidavit of Support: This is a legally binding contract that demonstrates the sponsor has the financial resources (at least 125 percent of the Federal Poverty Guidelines) to support you and prevent you from becoming reliant on government assistance. This requires detailed proof of the sponsor’s income, such as tax returns and pay stubs. A joint sponsor (friend, family, colleague) can also help if the sponsor’s income does not meet the minimum requirement.
• Form I-693, Report of Medical Examination and Vaccination Record: This must be completed by a USCIS-designated civil surgeon. The doctor performs a medical exam to ensure you don’t have any health conditions that would make you inadmissible to the U.S. and verifies that you have all the required vaccinations.

Outside the U.S. (Consular Processing)

If you are based outside the U.S., you must wait for I-130 approval before applying for your green card through consular processing.

After your I-130 approval, USCIS hands off your case to the National Visa Center (NVC). They will send you a welcome notice with a Case Number and Invoice ID within a few weeks of USCIS approval.

1. Complete the DS-261

The DS-261 is the next step of consular processing. Simply put, the form allows you to tell the U.S. Department of State’s National Visa Center (NVC) who they should communicate with regarding your case.

On the form, you must:

1. Provide a mailing address where you can reliably receive official correspondence.
2. Designate an “agent: a person or entity authorized to receive all communications from the NVC on your behalf. It can be you, a family member, or friend, or an attorney.

It must be completed and submitted online and may take up to three weeks for the NVC to process. You will be notified once the form has been processed so that you can move to the next stage.

2. Pay Green Card Fees:

After the NVC processes your DS-261 (which can take a few weeks), you will be able to pay the two required fees online:

1. The Immigrant Visa Application Processing Fee: $325
2. The Affidavit of Support Fee: $120.

3. Complete the DS-260 Application

The DS-260 is the official green card application. It is an online form that must be submitted along with relevant documents, including:

• Passport: A scanned copy of the biographic data page of your current, unexpired passport.
• Birth Certificate: The official, long-form version that lists your date of birth, place of birth, and the names of both of your parents.
• Marriage Certificate: If you are married, you must provide your official marriage certificate.
• Marriage Termination Documents: If you or your petitioner have been previously married, you must provide proof that every prior marriage was legally terminated. This includes:
  • Final divorce decrees
  • Death certificates
  • Annulment papers
• Police Certificates: This is a critical requirement. You must obtain a police certificate from:
  • Your country of nationality (if you lived there for more than 6 months at any time).
  • Your country of current residence (if you’ve lived there for more than 6 months and it’s different from your nationality).
  • Any other country where you lived for 12 months or more after turning 16.
  • Any country where you have ever been arrested, regardless of how long you lived there.
• Military Records: If you have served in the military of any country, you must provide a copy of your military record.
• Court and Prison Records: If you have ever been convicted of a crime, you must submit certified copies of all court and prison records, even if you later received a pardon or amnesty.
• Photographs: Two identical color photographs that meet the specific requirements for a U.S. visa (2×2 inches, white background, taken within the last 6 months).

The NVC will review all your submitted forms and documents. If anything is missing or incorrect, they will send you a notice, and you’ll have to correct the issues. Once everything is correct, the NVC will notify you that your case is “Documentarily Complete.”

Print out the confirmation page of the DS-260 form. It is necessary for your immigration interview.

4. Complete the Affidavit of Support 

The affidavit of support is filled out by the sponsor. These documents prove the sponsor’s ability to provide financial support and the petitioner’s status as a U.S. Citizen or green card holder:

• A completed and signed Form I-864, Affidavit of Support.
• A copy of a birth certificate, passport, naturalization certificate, or green card.
• Financial documentation to back up the I-864, including:
  • The sponsor’s most recent federal income tax returns (Form 1040)
  • W-2 forms, 1099 forms, and/or proof of current employment or income (like recent pay stubs).
• Proof of Domicile: The sponsor must provide proof that they live or intend to live in the United States, such as
  • U.S. driver’s license
  • Utility bills
  • Lease agreement
  • Voter registration in the U.S.
  • Transferring funds to a U.S. bank.
  • Securing a job in the U.S.

5. Wait for Interview Appointment

After your case is “Documentarily Complete,” you must wait for an available interview slot at the U.S. embassy or consulate in your country. The length of this wait depends on the consulate’s workload and your visa category’s priority date. When an appointment is available, the NVC will send you an Interview Appointment Letter, including the date and location of your visa interview

6. Complete Medical Examination

After receiving an interview appointment letter, you must schedule an appointment with a panel physician authorized by the U.S. embassy in your country. During the appointment, they will:

• Conduct a thorough examination to ensure you don’t have any health-related conditions that would make you inadmissible to the United States.
• Perform required tests, including a chest X-ray for tuberculosis and blood tests for specific diseases.
• Administer any vaccines you are missing that are required for U.S. immigration.

You should complete the medical exam at least a couple of weeks before your interview date, as the results are often required at the interview.

The results are either forwarded electronically to the Department of State or provided to you in a sealed packet that must not be opened as it is required at the embassy/consulate interview.

Medical exam results are typically valid for only six months.

7. Attend Green Card Interview

This is the final step! You will attend your scheduled interview at the U.S. embassy or consulate, bringing your appointment letter, passport, and all original civil documents you previously uploaded. The consular officer will ask you questions and determine your eligibility for the immigrant visa.

Learn the type of questions you might be asked during your green card interview

After your interview and approval, the embassy will take your passport for a few days. They will return it to you with an immigrant visa foil placed inside. This visa is what allows you to travel to the U.S.

Upon arrival at the airport or border, the CBP officer will stamp your passport. This admission stamp, known as an I-551 stamp, serves as a temporary green card until the actual physical green card arrives in the mail, usually within 45 days.. The temporary stamp is valid for up to one year, allowing you to work and travel.

Learn all about green card costs

How VisaNation Can Help

Hiring the services of an immigration attorney will help you avoid delays and ease the pressure that usually comes with the process.

VisaNation Law Group’s team of dedicated and highly experienced immigration attorneys has extensive knowledge of each stage of the family green card application process. 

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