Family Based Green Cards

You can qualify as an immediate relative of a U.S. citizen if one of the following applies to you:

• You are legally married to a U.S. citizen.
• You are an unmarried child under the age of 21 of a U.S. citizen.
• You are a parent of a U.S. citizen who is older than 21 years old.

If you determine that you are an immediate relative of a U.S. citizen or permanent resident, you can apply for one of the following visas:

• IR1 Visa intended for spouses of U.S. citizens.
• IR2 Visa intended for unmarried children of U.S. citizens who are younger than 21 years old.
• IR3 Visa intended for children adopted abroad by parents who are U.S. citizens.
• IR4 Visa intended for children adopted in the US by US citizens
• IR5 Visa intended for parents of U.S. citizens who are 21 years old or older.

The biggest advantage of the Immediate Relative category is that there is no limit on how many of these visas can be granted each year. As the visas from this group are always available, the waiting time tends to be relatively short.

You can qualify as a preference relative if one of the following applies to you:

• You are an unmarried child older than 21 years of age of a U.S. citizen.
• You are a spouse or unmarried child under the age of 21 of a U.S. permanent resident.
• You are an unmarried child aged 21 or older of a U.S. permanent resident.
• You are a married child (of any age) of a U.S. citizen.
• You are a brother or sister of a U.S. citizen

If you fall under the Family Preference category, you can apply for one of the following visas:

• First Preference, F1 Visa – for unmarried sons and daughters who are 21 years of age or older of U.S. citizens.
• Second Preference, F2A Visa – for spouses and unmarried children who are younger than 21 years old of US Green Card holders.
• Second Preference, F2B Visa – for unmarried children who are 21 years of age or older of US Green Card holders.
• Third Preference, F3 Visa – for married children of U.S. citizens
• Fourth Preference, F4 Visa for siblings of U.S. citizens who are 21 years of age or older.

Unlike visas belonging to the Immediate Relative category, these visas are subject to numerical caps. As a result, many applicants have to wait several years for their family preference Green Cards.

A spouse or unmarried children under the age of 21 of the primary applicant might also be eligible for a US Green Card as accompanying relatives. These individuals are known as derivative beneficiaries.

Accompanying relatives have to be included in the visa petition. This will initiate the immigration process for them. Later they need to submit their own applications to adjust their status to permanent resident and remain in the US.

The derivative beneficiaries can be included in all preference relative visa applications. Nevertheless, it is not possible to apply for a Green Card based on being an accompanying relative of someone who is related to a U.S. citizen.

Regardless of whether you are applying as an immediate or preference relative, all Family Based Green Cards follow the same application process.

First, your US relative has to file Form I-130, Petition for Alien Relative and submit it to USCIS on your behalf. Once the petition is approved, you have to wait for the visa to become available.

When that happens, applicants who are abroad need to go through consular processing. That means that your approved Form I-130 is sent to a US Embassy or Consulate in your home country, and to proceed with your application, you have to complete Form DS-261 and submit it to them. You also have to pay the application fee of $325.

After you have completed this step, you need to file Form DS-260, Immigrant Visa Application along with all the required documentation. You also have to attend an in-person visa interview.

Applicants who are already in the US on a different visa have to apply for the adjustment of status. To do that you have to file Form I-485, Application to Register Permanent Residence or Adjust Status and submit it to USCIS.

When you are submitting your application for a Family Based Green Card, you have to include a number of documents to prove your eligibility for it. For visas from both the Immediate Relative and Family Preference categories, you need to submit:

• Passport valid for at least six months past the planned date of your admission into the US.
• Birth certificate if you are applying as a child of a U.S. citizen or permanent resident.
• Marriage certificate if you are applying as a spouse of a U.S. citizen or permanent resident.
• Marriage termination document (if applicable)
• A signed Affidavit of Support
• Medical examination form
• Two coloured passport size photographs.

If your original documents are in a language other than English, they need to be translated. Depending on your individual situation, you might be required to submit other documents too.

How much you will have to pay for a Family Based Green Card depends on which visa category you qualify for and the country you are applying from. Nevertheless, all applicants have to pay the following fees:

• $535 filing fee for Form I-130, Petition for Alien Relatives
• $1,140 filing fee for Form I-485, Application to Register Permanent Residence or Adjust status
• $325 filing fee for Form DS-261, Immigration Visa Application
• $220 for the USCIS immigrant fee for immigrating to the US as a lawful permanent resident.

You might also have to pay medical and biometric fees, as well as fees for having your supporting documents translated if they were issues in a non-English speaking country.

The waiting time for Family Based Green Cards differs depending on which visa category you fall under. Individuals who apply as immediate relatives receive their Green Cards much faster than those who are classified as preference relatives. That is because the visas belonging to the Immediate Relative Route are always available and there are no limits on how many of them can be given to applicants.

The wait for the family preference visas tends to be much longer with many applicants waiting as long as several years. The annual caps on these visas are as follows:

• 24,000 F1 visas
• 114,200 F2 visas, which includes 79,940 F2A visas and 34,260 F2B Visas
• 23,400 F3 visas
• 65,000 F4 visas

Once these limits are reached, no more applications will be processed that year and applicants have to wait for the visas to become available again before they can proceed with their application.