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A family-based green card is one of the most popular ways to become a permanent resident in the United States. That’s not to say it’s easy or a fast process, however, and wait times are often quite lengthy. For that reason, it’s always recommended that a professional immigration attorney handle your case from start to end to avoid any delays or denials.
Currently, this particular visa program accounts for about two-thirds of the more than 1 million green cards issued annually. Just like every other immigrant visa, the family-based green card has several subcategories, each determined by the family relationship that exists between the sponsor and the beneficiary of the visa. Family immigration is one of our key services at VisaNation. Over the past decade, we helped thousands of families reunite in the U.S.
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The family-based green card category is broadly grouped into two, namely the immediate relative category and the family preference category. Green card applications for each of these two groups are treated differently. The relationship between the visa petitioner and the beneficiary will determine the steps and processing time of the application.
This family-based visa type is issued to close relatives of U.S. citizens. The subcategory tops other types of family-based visas because there is no limit to how many can be issued in a year, and it also has the fastest adjudication process. Immediate relatives are categorized as follows:
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This is meant for certain family members of U.S. citizens and lawful permanent residents. Unlike the immediate relative subcategory, family preference green cards have a numerical limitation, and only a specified number can be issued each year.
Learn about a 2024 policy update for children’s acquisition of citizenship!
Once the number has been reached for a particular fiscal year, other applicants will need to wait in visa line. The wait time can be for several months or years, depending on the visa backlogs in their category. Family preference green cards are:
Family First Preference (F1): This is for unmarried sons and daughters of U.S. citizens and their minor children. 23,400 visas are issued annually to applicants in this category.
Family Second Preference (F2): This is for spouses, minor children, and unmarried sons and daughters (21 years and above) of lawful permanent residents. 114,200 visas are issued annually and up to 77% of the family-based green cards for the category usually go to the spouses and children. The remainder in the subcategory will be allocated to unmarried sons and daughters.
Family Third Preference (F3): This category is for married sons and daughters of U.S. citizens as well as their spouses and minor children. The annual limit is 23,400.
Family Fourth Preference (F4): This is for brothers and sisters of U.S. citizens, and their spouses and minor children. The U.S. citizen (petitioner) must be 21 years and above. This category has an annual limit of 65,000 visas.
Learn how to track your green card step-by-step!
Not sure which preference category applies to you or your family members? We can help you with the entire process, from start to finish. Start today!
The processing time for a relative depends on what category of family member they fall into as well as which field office is responsible for processing their application.
You can see a more detailed breakdown in the chart below.
Status of U.S. Spouse
Currently Residing In...
Approx. Wait Time as of 2024
U.S. Citizen
United States
8-12 months
Abroad
1.5-2 years
U.S. Green Card Holder
3-4 years
4-5 years
You should also check the latest monthly visa bulletin, which we update frequently as new dates are published by USCIS.
Once the I-130 petition filed by the petitioner (U.S. citizen) is approved by the USCIS, the immediate relative (IR) beneficiary will not have to wait in line for a visa number. For other family members of U.S. citizens there is no automatic availability of visas.
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There is more to just being a green card holder or U.S. citizen when determining eligibility for family-based green card sponsorship. Apart from the citizenship or LPR basic prerequisite, the following criteria must also be met:
The minimum income requirement for family-based green card sponsorship is 125% of the Federal Poverty Guidelines.
Applicants whose petitions fall under immediate relative (IR) immigrants enjoy faster processing time than those who are family preference immigrants. However, the procedures and documentation for both types are the same, and are as follows:
The first step in a family-based green card application is the I-130 petition, which must be filed with the USCIS by a U.S. citizen or a lawful permanent resident. The I-130 is filed to establish the familial relationship that exists between the petitioner and the beneficiary.
After receiving the petition, the USCIS will process it and determine if all the family-based green card eligibility criteria are met by both the petitioner and the beneficiary. Once the I-130 petition is approved and there is an available immigrant visa for the category, then the visa beneficiary will need to take the next step by either applying for status adjustment or going through consular processing. This will depend on whether the sponsored family member is in the United States or abroad.
This process is known as adjustment of status, in which you will need to file the I-485 with the USCIS. This is your main green card application after establishing a qualifying familial relationship with I-130 petition. It must be filled along with all the required documents attached.
The I-485 and I-130 forms can be submitted simultaneously by applicants who are immediate relatives, meaning that their category does not have numerical limitations. Are you only thinking about applying for a family green card?
Learn more about the Family-Based Green Card application process.
This is known as consular processing. In this case, the approved I-130 will be forwarded to the appropriate embassy or consulate in the country where you (the beneficiary) reside. Both the petitioner and beneficiary will be notified when the petition reaches the embassy or consulate.
The notification will also contain when and how to proceed with your green card process through consular processing. These next steps involve a one-on-one interview with a consular officer to verify your eligibility. The required form for this is the DS-260, Application for Immigrant Visa and Alien Registration.
Other steps involved:
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Over the past few years, immigration wait times have doubled. Currently, millions of applicants are waiting for green cards and there are strong indications that the number will keep rising. However, with the help of a family-based green card attorney lawyer, you can expedite the process and avoid delays.
VisaNation Law Group will help you prepare your petitions and documentation the best way and avoid RFEs that can prolong the process. Their experienced family-based immigration attorneys will also guide you through the interview process. Start your immigration journey today!