Practice Area

Family-Based Green Cards

U.S. citizens and lawful permanent residents can sponsor certain relatives for permanent residence. We handle the petition, the visa process, and the interview from start to finish.

Overview

Family-based immigration is the most common path to a green card. It begins when a U.S. citizen or permanent resident files Form I-130, Petition for Alien Relative, with USCIS to establish a qualifying relationship. The I-130 alone grants no status; it makes the relative eligible to apply for an immigrant visa or green card.

What comes next depends on the category of the relationship and where the relative applies. Relatives already in the United States in lawful status may file Form I-485 to adjust status without leaving the country. Relatives abroad complete consular processing through the National Visa Center and a U.S. embassy or consulate.

Who Qualifies

The law recognizes a fixed list of qualifying family relationships. A petitioner may sponsor:

  • Immediate relatives of a U.S. citizen: a spouse, an unmarried child under 21, or a parent (if the citizen is 21 or older).
  • F1: unmarried adult sons and daughters of U.S. citizens.
  • F2A: spouses and unmarried children under 21 of permanent residents.
  • F2B: unmarried adult sons and daughters of permanent residents.
  • F3: married sons and daughters of U.S. citizens.
  • F4: brothers and sisters of U.S. citizens (petitioner must be 21 or older).

The distinction matters. Immediate relatives are not subject to annual visa limits, so a visa is always available. The F1–F4 preference categories are capped each year, creating a waiting line tracked by priority date in the State Department’s monthly Visa Bulletin. Grandparents, aunts, uncles, cousins, and in-laws are not qualifying relatives.

Process Steps

  1. File the I-130 petition

    The sponsor files Form I-130 with proof of status and of the relationship. For marriage cases, USCIS expects evidence the marriage is bona fide: joint finances, shared residence, photographs, affidavits.

  2. Wait for a current priority date

    The I-130 filing date becomes the priority date. Immediate relatives skip this step. Preference-category beneficiaries wait until the Visa Bulletin shows their date is current for their category and country.

  3. Choose the application path

    Eligible relatives in the United States file Form I-485 to adjust status, often with work and travel permit applications. Relatives abroad proceed through the National Visa Center: fees, the DS-260 visa application, civil documents, and the I-864 Affidavit of Support.

  4. Complete biometrics and the medical exam

    The applicant attends a fingerprint appointment (for adjustment) and completes a medical exam with an authorized civil surgeon or panel physician.

  5. Attend the interview

    USCIS or the consulate interviews the applicant—in marriage cases, often both spouses—to confirm the relationship and admissibility.

  6. Decision and, if needed, removing conditions

    If approved, the applicant receives a green card or immigrant visa. A spouse married less than two years at approval receives a two-year conditional card and must file Form I-751 in the 90 days before it expires to obtain the permanent ten-year card.

Timeline

Total time depends heavily on the category and the beneficiary’s country of birth. An immediate-relative case may finish in roughly a year; an F4 sibling case can take well over a decade.

StageTypical time
I-130 petition processing at USCISAbout 12 to 18 months, varying by service center
Visa Bulletin wait (preference categories only)None for immediate relatives; roughly 2 to 20+ years for F1–F4 by category and country
I-485 adjustment of status processingAbout 9 to 24 months, varying by field office
Consular stage (NVC documents and DS-260)About 3 to 12 months once a visa is available
Interview to final decisionSame day to several months if further review is required

These estimates reflect recent processing patterns and are not guarantees. Processing times change frequently and individual cases vary. We assess realistic timing for your category and country during consultation.