Family-Based Green Card 

Family-Based Green Card

A family-based green card is a way for someone from another country to become a permanent resident of the United States. This means they can live and work in the U.S. indefinitely. To get a family-based green card, you need to have a close family connection with a U.S. citizen or a permanent resident, and you must be able to prove this relationship.

There are two main groups of people who can get family-based green cards. The first group is called “immediate relatives,” and it includes spouses of U.S. citizens, unmarried children under 21 of U.S. citizens, and parents of U.S. citizens who are older than 21. Immediate relatives don’t have to wait for a visa to become available; they can apply for a green card right away.

The second group, called “family preference categories,” includes more distant relatives of U.S. citizens and permanent residents. This group consists of unmarried sons and daughters over 21, married children of any age, and siblings of U.S. citizens who are older than 21. These categories have a limited number of visas available each year, so people in these groups might have to wait several years before they can apply for a green card.

To apply for a family-based green card, the U.S. citizen or permanent resident family member has to file a petition for the foreign family member. Then, the foreign family member applies for a green card and goes through an interview with U.S. Citizenship and Immigration Services (USCIS) to prove they are eligible. This process can be complicated and take a while, so it’s a good idea to get help from an experienced immigration attorney.

Types of Family-Based Green Cards

The family-based green card category has two main groups: the immediate relative category and the family preference category. These groups have different rules and waiting times, depending on how closely the person applying for the green card is related to the person petitioning for them.

Immediate Relative Immigrant (IR) Visas

This family-based visa is for close relatives of U.S. citizens and is the quickest and most straightforward type of family-based visa. There’s no limit to the number of these visas issued each year. There are different categories for immediate relative green cards, including:

• IR-1: for the spouse of a U.S. citizen
• IR-2: for unmarried children under 21 years old of a U.S. citizen
• IR-3: for orphans adopted abroad by a U.S. citizen
• IR-4: for orphans who will be adopted in the U.S. by a U.S. citizen
• IR-5: for parents of a U.S. citizen who is at least 21 years old

Family Preference Immigrant Visas

This visa is for certain family members of U.S. citizens and permanent residents, but it’s a bit different from the immediate relative category. Here, family preference green cards have a limited number available each year, and once that limit is reached, applicants have to wait for visa slots to open up. The waiting time can vary from a few months to several years, depending on the category and demand.

Here are the family preference green card categories:

• Family First Preference (F1): This is for unmarried sons and daughters of U.S. citizens and their minor children. There are 23,400 visas available annually for this category.
• Family Second Preference (F2): This category is for spouses, minor children, and unmarried sons and daughters (21 years and above) of permanent residents. There are 114,200 visas issued each year, with most going to spouses and children. The rest go to unmarried sons and daughters.
• Family Third Preference (F3): Married sons and daughters of U.S. citizens, along with their spouses and minor children, fall into this category. There are 23,400 visas available annually.
• Family Fourth Preference (F4): This category is for brothers and sisters of U.S. citizens, along with their spouses and minor children. The U.S. citizen petitioner must be 21 or older, and there’s an annual limit of 65,000 visas.

When it comes to the processing time, immediate relative family-based green cards are typically faster than other categories because there’s no limit to the number of visas available each year. The processing time can still vary depending on factors like the complexity of your case, the workload of the USCIS office handling your application, and how quickly you can provide the necessary documents. On average, it takes 8 to 12 months for these green cards to be processed. However, keep in mind that this time frame might change if additional information is needed or if any issues come up. You can check the current processing times for your specific USCIS office on the USCIS website.

Family-Based Green Card Processing Time for Other Family Members of U.S. Citizens

The time it takes to process family-based green card applications for other family members of U.S. citizens can vary quite a bit. As mentioned before, family preference green cards have a limit on how many can be issued each year, and they’re assigned based on a priority system. This means that folks in certain categories might have to wait a while before their green card is approved.

According to USCIS, the current waiting time for family-based green card applications ranges from 9 months to over 3 years, and it depends on the category you fall into and where you’re from. Right now, if you’re in the F2A category (spouses and unmarried children under 21 of permanent residents), it might take 9 to 15 months. For F3 category (married sons and daughters of U.S. citizens), the wait can be as long as 3 years to 3 years and 8 months. And for the F4 category (siblings of U.S. citizens), the wait time is estimated to be over 15 years for applicants from some countries.

It’s crucial to remember that these processing times can change, and USCIS regularly updates them on their website. Plus, USCIS might ask for more information or documents during the process, which can make the approval process take even longer.

Family-Based Green Card Processing Time for Family Members of Lawful Permanent Residents

The waiting time for family-based green cards for family members of permanent residents can vary quite a bit. It depends on the type of family preference visa you’re applying for and where you’re from. As I mentioned earlier, family preference visas have a limit on how many can be given out each year. This can lead to a backlog and longer waiting times.

According to the U.S. Department of State’s Visa Bulletin, here’s a rough estimate of the wait times for family preference visas:

• For F1 visas (unmarried sons and daughters of U.S. citizens), it’s around 11 years for most countries.
• For F2A visas (spouses and unmarried children under 21 of permanent residents), it’s about 2 years for most countries.
• F2B visas (unmarried sons and daughters 21 years or older of permanent residents) have a wait time of approximately 7 years for most countries.
• F3 visas (married sons and daughters of U.S. citizens) can take about 14 years for most countries.
• If you’re applying for an F4 visa (for siblings of U.S. citizens), the wait can be as long as 15 years for most countries.

Keep in mind these waiting times are just rough estimates, and they can change based on how many visas are available and how many people are applying. The processing time for a family-based green card also depends on the complexity of your case, how well you’ve filled out your application, and any issues that come up during the application process.

Eligibility for Family-Based Green Card Sponsorship

If you want to sponsor a family member for a green card, there are some basic requirements you need to meet. The rules can change a bit depending on the type of family relationship, but here are some general things you should know:

1. U.S. Citizen or Permanent Resident: You have to be a U.S. citizen or a lawful permanent resident (green card holder).
2. Family Relationship: The person you’re sponsoring has to be a close family member, like a spouse, child, parent, or sibling.
3. Financial Support: You need to prove that you have enough money or assets to support your family member financially. This is to make sure they won’t need public assistance in the U.S.
4. Age: You have to be at least 18 years old.
5. Immigration Status: You need to be in the U.S. legally, with the right immigration status.
6. Good Moral Character: You should have a good track record and not have any serious criminal convictions or immigration violations.

It’s important to know that the rules might be a little different for sponsoring a spouse compared to sponsoring a parent or sibling. So, the specific requirements can vary depending on your family relationship.

Family-Based Green Card Application Process

Applying for a family-based green card involves a few steps, and they can change depending on your situation. Here’s a basic overview of how it usually works

1. Check Eligibility: First, make sure you’re eligible to sponsor a family member for a green card based on your relationship with them and your own immigration status.
2. File Form I-130: Fill out and submit Form I-130, also known as the Petition for Alien Relative, to the U.S. Citizenship and Immigration Services (USCIS). This form shows your family relationship and is the starting point.
3. Wait for Approval: USCIS will review your petition. They might ask for more info before making a decision. If it gets approved, your case goes to the National Visa Center (NVC) for further processing.
4. File Visa Application: Once NVC gets your approved petition, your family member can start the immigrant visa application process. This includes filling out Form DS-260 (Immigrant Visa Electronic Application) and giving the needed documents.
5. Attend Visa Interview: Your family member will have to go to an interview at a U.S. embassy or consulate, either in their home country or where they currently live. At the interview, they’ll be asked questions about their background and why they want a green card.
6. Wait for a Decision: After the interview, the consular officer will decide whether to approve or deny the immigrant visa application. If it’s approved, your family member will get their green card after they arrive in the United States.

Remember, the process might have some differences for immediate relatives of U.S. citizens compared to other family members. Also, specific requirements could change based on the details of your case. Processing times can vary too, depending on how many applications are in line and where your family member is from.

What Are the Required Documents for Family-Based Green Card?

The documents you need for a family-based green card application can vary depending on your situation and relationship with the person sponsoring you. But generally, you’ll need these:

1. Proof of the sponsor’s U.S. citizenship or permanent residency.
2. Your birth certificate.
3. Your marriage certificate (if you’re married).
4. Proof of divorce or a death certificate if you were previously married.
5. Documents showing the sponsor’s financial ability to support you, like tax returns or job verification.
6. Certificates to prove you’re clear of any criminal issues and that you’re medically fit.
7. An affidavit from the sponsor confirming their support.
8. Any other documents requested by the U.S. Citizenship and Immigration Services (USCIS) or the U.S. embassy/consulate where you’re applying.

It’s really important to go over the USCIS instructions and work with an experienced immigration attorney to make sure you’ve got all the right documents and your application is done correctly.

Annual Visa Cap and Priority Date for Family-Based Green Cards

Family preference green card petitions are subject to numerical limitations, and in most cases, the number of qualified applicants is higher than the available immigrant visas for each category.

The National Visa Center (NVC) considers different factors such as each category’s annual cap, filing date, and country of origin when adjudicating green card applications to ensure a level playing ground for all applicants. These determinations are made based on your “priority date.”

Your green card priority date is the date that USCIS receives your I-130 petition. It indicates your position in the green card waiting line and must become current before you can continue your green card processing. You can find your priority date on the Notice of Action (I-797) approval of I-130 mailed to you by USCIS.

Your priority date becomes “current” when it matches or surpasses the “final action date” posted in the most recent visa bulletin by the Department of State.

Can the Wait Time Be Shortened?

If the beneficiary is in the U.S., the sponsoring family member can expedite the process by filing both the I-130 and the I-485 adjustment of status application at the same time.

Family-Based Green Card Interview

Once you’ve submitted all the required documents and your priority date becomes current, the next step in the family-based green card process is the interview. This interview is meant for a USCIS officer to confirm the information in your application and make sure you and your sponsor meet the requirements. The interview can happen at a U.S. embassy or consulate abroad or at a USCIS office in the U.S.

During the interview, the officer may ask you questions about your relationship with your sponsor, your background, and your plans for living in the U.S. It’s crucial to be honest in your responses and provide any additional documents requested.

Sometimes, after the interview, the officer might request more information or documents with something called a Request for Evidence (RFE). If you get an RFE, it’s important to respond quickly and thoroughly to avoid any delays in your application.

For a smoother interview experience, it’s a good idea to work with an experienced immigration attorney. They can help you understand what to expect, ensure you have all the necessary information, and even represent you during the interview if necessary.

If you have any concerns or questions about the family-based green card interview process, it’s wise to consult with an immigration attorney to make sure your application is well-prepared, and you’re fully ready for the interview.

How to Prepare for Family Green Card Interview

Getting ready for a family-based green card interview might make you a bit anxious, but the right preparation can help ensure a successful outcome. Here are some tips to help you get ready:

1. Know your application: Make sure you’re familiar with all the information you provided in your application forms and supporting documents.
2. Gather your documents: Ensure you have all the original documents and copies you submitted with your application.
3. Practice with a friend or family member: Practice answering interview questions with someone you trust to boost your confidence and readiness.
4. Dress appropriately: Wear formal or business attire to show you take the interview seriously.
5. Be punctual: Arrive at the interview location at least 30 minutes before the scheduled time to avoid being late.
6. Be honest and concise: Answer the interviewer’s questions honestly and directly. Avoid giving too much information or providing false details.
7. Stay calm and polite: Even if you’re nervous, try to remain calm and polite throughout the interview. Show respect to the interviewer and follow their instructions.
8. Be ready for questions about your relationship: You might be asked about your relationship with your sponsor or the family member who filed the petition on your behalf. Be ready to answer these questions in detail.
9. Be prepared for background questions: You could also face questions about your personal and professional background, education, and work experience.
10. Bring an interpreter if needed: If you’re not fluent in English, you can bring an interpreter to the interview. Just make sure the interpreter is qualified and not related to you or your sponsor.

Remember, the interview’s purpose is for the USCIS officer to verify the information in your application and ensure your eligibility for the green card. By following these tips and getting thoroughly prepared, you can increase your chances of success during the interview.

What Happens After the Interview?

After the interview, the USCIS officer will decide on your green card application. There are three possible outcomes:

1. Approval: If your application is approved, you’ll get a welcome letter from the USCIS. This letter will tell you how to get your green card and when it will be sent to you.
2. Request for Additional Evidence: If the officer needs more documents or information to decide, you’ll receive a Request for Evidence (RFE) letter. The RFE will specify what they need and give you a deadline to provide it. It’s crucial to respond to the RFE quickly to prevent any delays in your case.
3. Denial: If your application is denied, you’ll get a letter from the USCIS explaining why. If you believe the decision is wrong, you might be able to appeal it.

If your application is approved, you’ll have to wait for your green card to be made and sent to you. This can take several weeks or even months. Once you have your green card, you’ll become a lawful permanent resident of the United States, allowing you to live and work in the country permanently.

When Do I Receive My Green Card After a Consular Interview?

The time it takes to get your green card after a consular interview can vary. It depends on factors like how quickly the U.S. embassy or consulate processes your case, whether there’s extra administrative work needed, and the time it takes for your green card to be mailed to you. If the consular officer approves your green card at the interview, you might get it in a few weeks by mail at the address you gave. But if they need to do more administrative work, it could take several months before you get your green card.

Other Categories

You might qualify for other types of family-based green card sponsorships, such as:

Fiancé(e) of a U.S. Citizen

If you’re engaged to a U.S. citizen, you can apply for a family-based green card after you get married. Here’s how it works: first, both of you file an I-129F fiancé(e) application, and if it’s approved, you can get a visa to come to the U.S. Once you’re in the U.S., you must get married within 90 days. After the wedding, you can apply for a family-based green card, following the same rules as immediate relatives of U.S. citizens.

Widow or Widower of a U.S. Citizen

If you’re the widow or widower of a U.S. citizen, you may still be eligible for a family-based green card. To qualify, you must have been legally married to the deceased citizen and prove your marriage was genuine, not just for immigration reasons. You’ll need to file an I-360, Petition for Amerasian, Widow(er), to sponsor your green card application. If your late spouse filed an I-130 petition for you before their passing, it’s treated as if you filed an I-360.

Your Sponsor Files a Petition on Your Behalf

To get a family green card, a family member who is a U.S. citizen or permanent resident has to support your application. They need to show that they’re eligible and willing to sponsor you. The first step is the I-130 Petition, also known as the green card petition. This form, filed by the sponsor, is used to prove your qualifying family relationship with supporting documents.

Additionally, the sponsor must prove they can financially support you until you find work. To do this, they need to submit an I-864, Affidavit of Support. This document shows that the sponsoring family member’s income is at least 125 percent of the Federal Poverty Guidelines, ensuring they can financially support you during the application process.

Apply for a Family Green Card

The process for getting a green card depends on where you are. If you’re in the U.S. on a valid nonimmigrant visa, you’ll need to apply for a green card by submitting an I-485 form, known as the Petition to Register Permanent Residence or Adjust Status. This is the main application for your green card, and you have to prove that you qualify for the specific family-based category you’re applying for.

If you’re an immediate relative of a U.S. citizen and you’re in the U.S., you can submit your I-485 and the I-130 petition at the same time. This is because immediate relatives have a higher priority, and there’s no limit to the number of green cards available. So, once the I-130 petition is approved, you can adjust your status right away. In this case, you can apply for and receive your green card within about a year.

However, if you’re an immediate relative living outside the U.S., you have to wait until your I-130 petition is approved before applying for a green card.

For family preference categories, there are limits to the number of green cards issued each year based on the preference category and your home country. When the yearly limit is reached for a category in a specific country, others from that country have to wait until the next year. Your priority date, which is the date USCIS receives your petition, is crucial.  You need to compare this date to the “final action dates” in the monthly visa bulletin from the Department of State. Once your priority date matches or passes the final action date in your category, your priority date is “current.”

After the I-130 petition is approved, you’ll need to wait for your priority date to become current, and for an immigrant visa (green card) to become available for you. This often leads to a backlog, and visas are issued on a first-come-first-served basis. Once your priority date is current and a green card is available for your category, you can submit your I-485 adjustment of status petition to USCIS. The time you’ll have to wait depends on your preference category and your country of origin.

Fiancé(e) K-1 Visa to Green Card

The K-1 visa, also known as the fiancé(e) visa, lets a foreign fiancé(e) of a U.S. citizen come to the United States to get married. After getting married, the foreign fiancé(e) can apply for a green card, which is the next step in becoming a permanent resident of the United States.

To get a green card after entering on a K-1 visa, the foreign spouse must fill out an adjustment of status application with U.S. Citizenship and Immigration Services (USCIS). This application asks for information about the person, proof of the marriage, financial support details, results of a medical examination, and other necessary documents.

If USCIS approves the adjustment of status application, the foreign spouse gets a conditional green card good for two years. During this time, the couple must show that their marriage is real and not fake, just to get immigration benefits. After two years, the foreign spouse can ask to remove the conditions on their green card and get a permanent green card.

It’s important to know that the K-1 visa and adjustment of status processes can be tricky and need careful work and attention to detail. Talking to an experienced immigration attorney can make this process easier.

At Mesadieu Law Firm, our immigration attorneys know all about the marriage-based green card process. We’re here to help you at every step and give you the support you need to make this a success. Our promise is to be there for you and do right by you. Contact us today at 844-3-RIGHT-BY-YOU (844) 374-4482 to schedule a consultation.

Following-To-Join Benefits

If you have a green card because of an immigrant visa preference, your children might be able to join you in the U.S. without needing a separate application. To do this, you’ll need to apply for something called “following-to-join benefits” for your kids. Here’s what you have to send to USCIS:

• An I-824, Application for Action on an Approved Petition.
• A copy of the I-130 used for your green card.
• A copy of the I-797, Notice of Action, that you got for your green card request.
• A copy of your green card.

At Mesadieu Law Firm, our immigration attorneys know all about the marriage-based green card process. We’re here to help you at every step and give you the support you need to make this a success. Our promise is to be there for you and do right by you. Contact us today at 844-3-RIGHT-BY-YOU (844) 374-4482 to schedule a consultation.

The F4 Visa: Sibling Green Card

You’ve known them your whole life, shared moments, maybe even some arguments, and they mean the world to you – your siblings. However, when it comes to immigration, the U.S. government sees sibling green cards as part of the family-based category. To sponsor a sibling for an F4 visa, you need to be a U.S. citizen and be at least 21 years old. Unfortunately, if you’re a permanent resident (green card holder), you can’t sponsor your siblings to live in the U.S. permanently. On this page, we’ll help you understand and navigate the F4 visa process.

Who is Eligible for the F4 Visa?

To be eligible for the F4 sibling visa, here are the main requirements:

• Your sibling must live in the U.S. legally and be a U.S. citizen.
• You can be a full sibling, half-sibling with the same father, step-sibling, or an adopted sibling.
• You, the applicant, must live outside the U.S.

Each of these categories has its own set of required documents, and we’ll discuss the details for each type later on.

Sponsor Requirements for an F4 Visa

The specific requirements for sponsoring a sibling depend on the type of sibling you are sponsoring. If you’re sponsoring a full-blooded sibling, you need to:

• Be a U.S. citizen.
• Be at least 21 years old.
• Prove your sibling relationship with documents like a birth certificate.
• Live in the U.S.

But keep in mind that the required documents may be different if your sibling is not a full-blooded one.

Adopted Siblings

If you’re sponsoring an adopted sibling, you need to provide a copy of the adoption decree. This document should show that both you and your adopted sibling were under 16 years old when the adoption happened.

Important to know: If your full-blooded sibling was adopted by another family at some point, you can’t sponsor that sibling for an F4 visa.

Step Siblings

To sponsor a stepsibling, you need to provide a copy of your parent’s marriage certificate and also copies of documents that show their previous marriages were legally ended. This helps confirm the legitimacy of the relationship between you and your stepsibling.

Half Siblings

To sponsor a paternal half-sibling for the F4 sibling visa, you’ll need to provide copies of your father’s marriage certificates to each of his wives and documents showing that their previous marriages ended. This is to establish the family relationship for your paternal half-sibling.

F4 Visa Application Process

The process for the F4 sibling visa typically involves both the sponsor and the sibling beneficiary. While the specific steps can vary, here is a general overview of the process:

1. The sponsor fills out Form I-130, Petition for Alien Relative.
2. If USCIS approves the petition, it is forwarded to the National Visa Center (NVC).
3. The NVC sends an application package to your foreign sibling, including instructions and required documents.
4. You’ll need to wait until your priority date becomes current.
5. The beneficiary sibling submits Form DS-260.
6. The beneficiary undergoes a medical examination.
7. The beneficiary provides all requested supporting documents to the NVC and attends a visa interview.
8. If approved, the foreign sibling receives a package from the NVC and gains entry to the U.S.

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