Discover everything you need to know about obtaining green cards for family members. Learn about the steps to sponsor family members, the I-130 application process, and the required documents for visa applications.
Family-based immigration comprises the largest segment of the U.S. immigration system, allowing close relatives of U.S. citizens and lawful permanent residents (green card holders) to reunite with their families in America.
To be eligible to file an alien relative petition (immigration form I-130), you must be:
Family-based immigrant visas fall into two categories: immediate relative visas and family preference visas. While each category has distinct eligibility criteria, a common requirement in all cases is that the immigrant must be sponsored by a U.S. citizen or lawful permanent resident who is at least 21 years of age.
U.S. Lawful Permanent Residents can file immigrant visa petitions for the following family members:
A green card holder can not file an immigration petition for their married children, parents, brothers, or sisters.
The category Immediate Relatives includes:
The number of issued immigrant visas (green cards) in this category is unlimited each fiscal year.
Relatives of Lawful Permanent Residents (green card holders) do not fall into these categories.
The four categories of family preference visas are:
Visa Category Sponsoring relative Category of a relation F1 U.S. citizen Unmarried adult children (aged 21 or older) of U.S. citizens F2А / F2B Lawful Permanent Resident (green card holder) Spouses
Unmarried minor children (under 21) of green card holders
Unmarried adult children (aged 21 or older) of green card holdersF3 U.S. citizen Married sons and daughters of U.S. citizens (aged 21 or older) F4 U.S. citizen Siblings of U.S. citizens (if the U.S. citizen is aged 21 or older)
When a U.S. citizen or lawful permanent resident petitions for a family preference visa, the beneficiary must await their turn. The waiting duration fluctuates according to the number of previously approved I-130 applications that rank ahead. The processing time for document approval can vary; in some cases, it may exceed 15 years.
For the most up-to-date information, please check travel.state.gov
Every family member immigrating to the U.S. through family-based immigration must have a financial sponsor. The sponsor, either a U.S. citizen or Lawful Permanent Resident, must meet specific financial requirements outlined by the federal poverty guidelines.
The financial sponsor must have a household income that’s at least 125% of the federal poverty guidelines.
See the following chart of a required household income (as of March 2023)
Sponsor’s Household Size 125% of HHS Poverty Guidelines Two persons $24 650 Three persons $31 075 Four persons $37 500 Five persons $43 925 Six persons $50 350 Seven persons $56 775 Eight persons $63 200 Additional amount for each additional person + $6 425
These income guidelines apply to the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands. Different guidelines exist for Alaska, Hawaii, and sponsors in active service in the U.S. armed forces.
The family-based immigration visa application process will typically follow these basic steps:
In certain cases, individuals who are in the United States can apply for a green card through family-based immigration without leaving the country. This process is called “Adjustment of Status.”
The family-based adjustment of status application process will typically follow these basic steps:
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Immigration officers meticulously review applications for family-based immigrants. The required documents vary depending on the case and the family member’s relationship. Key documents may include:
All foreign nationals applying for an immigrant visa or Adjustment of Status must pass a medical exam conducted by authorized doctors approved by U.S. Immigration Services. The exam results are provided in a sealed envelope, which can only be opened by a U.S. immigration department officer.
The waiting period for a U.S. visa varies according to the type of relationship with the Green Card holder or U.S. citizen, ranging from several months to numerous years.
Simultaneously, in certain instances, a family member of a U.S. citizen or Green Card holder may lawfully remain in the United States (either partially or for the entire duration) while awaiting approval of their immigration status.
No, only a U.S. citizen or a permanent resident (green card holder) can file Form I-130, Petition for Alien Relatives.
No, the approval of the I-130 petition does not guarantee an approval of an immigration visa (green card).
You can find the current processing times on this website: travel.state.gov
Every case is unique, and the reasons for denial can vary. Immigration services may deny a visa application if the documents are incomplete, information is hidden, the sponsoring family member doesn’t have enough income, or there is a criminal record. To avoid common issues, consider consulting an immigration attorney.
Each family immigration case is unique, with the potential for unforeseen situations, delays, or additional document requirements. For assistance with your family-based petition, consult with experienced U.S. immigration attorney Natalia Kolyada-Nelson, who has over 10 years of experience in immigration law.
Get expert help in obtaining green cards for your relatives. You can book an appointment on our website or visit our office in Boston for in-person consultations.
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