Getting a Green Card Through Family: How the Process Works
This guide is general information, not legal advice. Laws differ from state to state and change over time. For advice about your situation, talk to a licensed lawyer in your state.
Family sponsorship is one of the most common ways to become a lawful permanent resident of the United States, also known as getting a green card. The process depends on the relationship and on whether the sponsor is a U.S. citizen or a permanent resident.
Who can be sponsored
Immediate relatives of U.S. citizens
These relatives are not subject to annual numerical limits, so they generally do not wait in a visa line:
- Spouses of U.S. citizens
- Unmarried children under 21 of U.S. citizens
- Parents of U.S. citizens who are at least 21 years old
Family preference categories
Other relatives fall into categories with yearly limits, which can mean waits of several years or much longer, depending on the category and the relative’s country:
- Unmarried adult sons and daughters of U.S. citizens
- Spouses and unmarried children of permanent residents
- Married sons and daughters of U.S. citizens
- Brothers and sisters of adult U.S. citizens
The U.S. Department of State publishes a monthly Visa Bulletin showing which applications in each category can move forward.
The main steps
- Petition: the U.S. citizen or permanent resident files Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) to prove the family relationship.
- Waiting for a visa number: immediate relatives can move ahead once the petition is processed. Preference relatives wait until their priority date is current in the Visa Bulletin.
- Applying for the green card: this happens in one of two ways:
- Adjustment of status (Form I-485), if the relative is already in the U.S. and eligible to apply here.
- Consular processing, if the relative is abroad, through the National Visa Center and an interview at a U.S. embassy or consulate.
- Financial sponsorship: the sponsor usually files an Affidavit of Support (Form I-864) showing they can financially support the relative.
- Medical exam and biometrics: fingerprints and a medical exam by an approved doctor are required.
- Interview: many applicants attend an interview where an officer reviews the case and the relationship.
Marriage-based green cards
If a couple has been married less than two years when the green card is approved, the spouse receives a two-year conditional green card. To remove the conditions, the couple generally must file Form I-751 jointly during the 90 days before the card expires and show that the marriage is genuine.
Common pitfalls
- Past immigration violations: unlawful presence, prior removal orders, entering without inspection or certain criminal history can make someone ineligible or require a waiver. Get legal advice before filing if any of these apply.
- Missing documents: birth and marriage certificates, proof of the sponsor’s status and financial records must be complete and, if needed, translated.
- Out-of-date forms and fees: USCIS updates forms and fees regularly. Always download forms directly from uscis.gov.
- Immigration scams: only licensed attorneys and accredited representatives may give legal advice on immigration matters. “Notarios” and consultants who promise guaranteed results are a common source of fraud.
Do you need an immigration lawyer?
Straightforward cases are sometimes filed without a lawyer. A lawyer is strongly recommended if there is any past immigration problem, a criminal record, a prior denial, a long stay without status, or if the case involves consular processing abroad with possible waivers. A mistake in an immigration case can cause long delays or bars that are hard to undo.
Find a Immigration lawyer near you
Browse Immigration lawyers on NearLawyers, or choose your state to see lawyers grouped by city. You can also search by legal issue and location from the home page. Searching and contacting lawyers through NearLawyers is free.
