FAMILY-SPONSORED GREEN CARD FOR SPOUSES, PARENTS, CHILDREN AND SIBLINGS OF U.S. CITIZENS AND GREEN CARD HOLDERS
Family reunification is one of the key principles underlying U.S. immigration policy. The Immigration and Nationality Act (INA), specifies numerical limits for five (5) family-based admission categories, as well as a per-country limit on total family-based admissions.
The immigration process for family-based green cards begins with the submission of Form I-130 and proper documentation.
Note that an unlimited number of Immediate Relatives can acquire Lawful Permanent Resident (LPR or commonly called “Green Card”) status each year if they meet the standard eligibility criteria. These are eligible for immediate relative green cards, which are not subject to annual caps or visa number limitations.
The term Immediate Relative includes:
- The spouses of U.S. citizens;
- The children (unmarried and under 21 years of age) of U.S. citizens;
- The parents of U.S. citizens at least 21 years old; and
- Widows or widowers of U.S. citizens, provided the U.S. citizen filed a petition before their death or the surviving spouse files within two years following the citizen’s passing.
Close relatives such as spouses, minor children, and parents of U.S. citizens qualify for immediate relative green cards, while other relatives, such as siblings and adult children, fall under family preference categories.
Each year, the number of foreign nationals petitioning for LPR status through family-sponsored preferences exceeds the supply of legal immigrant slots. This has resulted in a visa queue of foreign nationals who qualify as immigrants under the INA but who must wait for a visa to immigrate to the United States.
Family preference categories are subject to annual caps and require a visa number to become available before proceeding.
Every month, the Department of State (DOS) releases its Visa Bulletin, which lists “cut-off dates” for each of the four numerically limited family-based admissions categories. Cut-off dates indicate when petitions that are currently being processed for a numerically limited visa were initially approved.
When discussing children and parents, it is important to distinguish between minor children (under 21) and adult children (21 or older). Unmarried adult children have different wait times and eligibility compared to married or minor children.
After mentioning the per-country limit and numerical limits, it is worth noting that family-based green cards are one pathway to permanent residence, while employment-based green cards offer an alternative route with their own subcategories and wait times.
Applicants outside the United States must go through consular processing, which may affect their wait times and procedures.
Eligibility for Family-Sponsored Green Cards
Eligibility for a family-sponsored green card depends on the relationship between the sponsor and the applicant. U.S. citizens have the broadest ability to sponsor family members, including immediate relatives such as spouses, unmarried children under 21, and parents. They can also sponsor other family members, such as married children and siblings, who fall under family preference categories and may experience longer wait times due to annual limits. Lawful permanent residents can sponsor their spouses and unmarried children, but are not eligible to sponsor parents, married children, or siblings. Sponsors must meet specific eligibility requirements, such as being at least 21 years old to petition for parents or siblings, and must demonstrate the financial means to support the family member seeking a green card. Understanding these family preference categories and eligibility criteria is essential before beginning the green card application process.
FAMILY-SPONSORED PREFERENCE CATEGORIES
First: (F1): Unmarried Sons and Daughters of U.S. Citizens (this is the first preference visa category for unmarried adult children of U.S. citizens)
Second: (F2) Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:
- F2A: Spouses and Children of Permanent Residents
- F2B: Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
Third: (F3) Married Sons and Daughters of U.S. Citizens (this is the third preference visa category for married children of U.S. citizens)
Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens (this is the fourth preference visa category for siblings of adult U.S. citizens)
Each of these is a distinct visa category with its own eligibility requirements and wait times.
Overview of the Application Process for Permanent Residence
The process of obtaining lawful permanent resident (LPR) status through a family relationship typically involves filing Form I-130, Petition for Alien Relative, along with supporting documentation, with U.S. Citizenship and Immigration Services (USCIS). Eligible family members can apply for a green card through either adjustment of status (if already in the U.S.) or consular processing (if outside the U.S.), depending on their location. This process may encompass up to five steps: filing the petition, a marriage interview (if the petition is marriage-based), applying for adjustment of status or an immigrant visa, attending the adjustment or immigrant visa interview, and undergoing inspection and admission by U.S. Customs and Border Protection (CBP).
First Step: Filing the Petition for Alien Relative (Form I-130)
Form I-130 and its supporting documentation are used to establish that the petitioner is a U.S. citizen, a lawful permanent resident (LPR), or a U.S. national, and that the claimed relationship to the foreign-national beneficiary is legally qualifying. The process begins with the submission of the petition, after which applicants will receive a receipt notice from USCIS. This receipt notice contains the priority date, which is important for tracking visa application progress.
When USCIS adjudicates the petition, it must verify the petitioner’s status and the validity of the relationship. At this stage, the agency does not screen for potential inadmissibility or eligibility for adjustment of status. Inadmissibility is assessed at the second stage of the process, which is either adjustment of status or consular processing. Petition approval confirms the family relationship but does not guarantee immediate eligibility for a green card; applicants must wait for a visa number to become available before proceeding.
The petitioner must attach certain supporting documents to establish U.S. citizenship, U.S. national, or LPR status, and a familial relationship to the beneficiary.
If a marriage certificate is required, and either of the parties has been married previously, the petitioner should include documents showing the termination of the prior marriage.
In all spousal petitions, the petitioner should submit one or more of the following documents to establish good-faith marriage: joint ownership of real property or joint tenancy; joint ownership of personal property or commingling of financial resources; birth certificates of children born from the relationship; or declarations from persons who have known the married couple and can attest that it was bona fide. Additional evidence could include photos or other proof of the wedding, insurance forms naming the other spouse as a beneficiary, and joint tax returns.
For mother-child relationships, the primary evidence is the child’s birth certificate bearing the mother’s name.
In contrast, for father-child relationships, the primary evidence includes the child’s birth certificate bearing the father’s name, along with a marriage certificate showing the father’s marriage to the child’s mother.
If the child was born out of wedlock, evidence of legitimation is required. This can be a formal court decree of legitimation, proof of a subsequent marriage between the child’s father and mother before the child turned 18, or evidence that the country where the child was born does not draw any legal distinction between children born in or out of wedlock. Alternatively, the petitioning father may submit evidence of a bona fide parent-child relationship (e.g., custody, provision of support) before the child turned 21.
Primary evidence of a sibling relationship includes the petitioner’s and the beneficiary’s birth certificates showing at least one parent in common. It may also include marriage certificates of the parent(s), prior divorce decrees, and evidence of legitimation for children born out of wedlock.
Applicants already in the U.S. may be eligible to adjust status to permanent resident without leaving the country. This process, known as ‘adjust status,’ is typically completed by filing Form I-485. After the adjustment or immigrant visa interview, applicants are required to undergo a medical examination as part of the eligibility process.
Second Step: USCIS Marriage Interview
In marriage-based cases, USCIS may schedule an interview with the parties or conduct an independent investigation to determine the validity of the marriage. Certain circumstances may raise USCIS’s suspicions in such cases, including significant age differences between the parties, the absence of current or past cohabitation, the inability to communicate in a common language, and the filing of a legal separation petition.
Third Step: Adjustment of Status or Consular Processing
The next step is to determine whether the foreign national is in lawful status in the U.S. and therefore generally eligible to adjust their status, or if they are not in lawful status or are outside the United States and must go through the consular process.
Fourth Step: Inspection and Admission by CBP
For persons who have gone through consular processing and received an immigrant visa from a U.S. consulate, the last step is presenting themselves for inspection and admission before a Customs and Border Protection (CBP) or USCIS official at the border. The visa is valid for up to six months, after which it expires. Even though DOS has considered the applicant eligible for admission as an immigrant, CBP also has the right to make a separate determination. If CBP believes the person to be ineligible for an immigrant visa or inadmissible, the agency may deny admission.
Application Tips and Recommendations
Successfully navigating the family-sponsored green card process requires careful attention to detail and thorough preparation. Applicants should review the latest information on the USCIS website and consult the Visa Bulletin to stay informed about current priority dates and family preference categories. It is highly recommended to seek guidance from an experienced immigration attorney, especially for complex cases or when dealing with long wait times. Being proactive in gathering all required documentation and understanding the eligibility requirements can help avoid delays. Applicants should also be prepared for the possibility of an extended wait, as the green card process can range from several months to several years depending on the family preference category and visa availability. By staying informed and organized, families can improve their chances of a successful green card application and look forward to reuniting with their loved ones in the United States.
Petition Revocation and Reinstatement
Intending immigrants may lose their ability to immigrate under an approved I-130 petition if circumstances occur that trigger automatic petition revocation. These circumstances include:
- Notice of the withdrawal of the petition by the petitioner;
- Death of the beneficiary;
- Termination of the marriage in an immediate-relative or second-preference spouse petition case;
- Marriage of a second-preference petition beneficiary (child, son, or daughter of an LPR);
- Loss of the petitioner’s permanent residency in family-based cases; and
- Death of the petitioner, unless the USCIS in its discretion determines that for humanitarian reasons revocation would be inappropriate.
If the U.S. citizen spouse dies, the noncitizen spouse may qualify for immigration benefits as a widow or widower. Other surviving family members may qualify for immigration benefits after the petitioner or principal beneficiary has died. The main requirements are that the beneficiary must have been residing in the United States at the time of the petitioner’s death and continue to reside here. The other requirement is that they must obtain a substitute sponsor who can file an affidavit of support.
