How to Acquire a Family-Based Green Card

Under US laws, there are many routes through which a person can apply for and obtain permanent resident status (green card). For instance, there are employment based green cards for those that want to work for a US employer in the US. 

There are diversity visas for people with a historically low rate of immigration to the US and there are also investor visas for those willing to start a business here. However, family-based green cards are specifically for foreign residents who want to join their families in the US. 

If you have been planning to migrate to the US on a permanent basis through the family-based green card, you should know that there might be a lengthy process involved. These visas may be limited and a stringent process often goes into verifying, approving and granting applications. 

But, as with most legal processes, securing adequate knowledge about the process and working with a skilled immigration attorney can help make the process easier. In this article, we will discuss what you need to know about family-based immigration to the US and how to acquire a family-based green card.

What you should know about family-based green cards

Family-based green cards are usually sponsored through family members that live in the US. These family members must either be US citizens or must also have acquired the status of permanent resident. 

To be eligible to pursue immigration to the US through this route, you will be expected to have a direct relationship with that family member. For instance, they would need to be your spouse, child, parent or sibling. More distant relationships such as that with a cousin or grandparent do not qualify. 

A family-based green card entitles you to live and work in the US. You will be entitled to obtain a driver’s license, travel in and out of the US and even apply for US citizenship if you respect the conditions of your visa. 

Obtaining these visas can be a difficult process though, because of the amount of work that is done in verifying and approving applications. It may also involve several issues that may need clarification such as a court or prison record. This is why many applicants use the services of a qualified attorney to help smoothen out the process. At the same time, it can involve long wait periods due to the annual limits set on some of these visas and the long wait lines for them. 

But how long you wait and what the process will involve depends on what category of family-based visa you are applying for. There are two main categories: the immediate relative visas and family preference visas. 

Immediate relative visas

Immediate relative visas are for the direct family members of US citizens. These visas have no annual limit, meaning that there are no wait times involved. No matter when you apply for these visas, you will be processed regardless of the number of people before you. The visas in this category include: 

• IR-1 visas for spouses of US citizens
• IR-2 visas for unmarried children (less than 21) of US citizens
• IR-3 visas for adopted children of US citizens
• IR-4 visas for children to be adopted within the US by US citizens
• IR-5 visas for parents of US citizens that are at least 21 years old. 

Family preference visas 

Family preference visas are for those whose family members in the US are permanent residents. For this category, there are annual limits on the number that can be processed and issued. Persons applying for these visas will be added to a wait list. The visas in this category include: 

• F-1 visas for unmarried sons and daughters of US citizens and their minor children. 
• F-2 visas for spouses of lawful permanent residents and their minor children, or unmarried sons and daughters (aged 21 and above)
• F-3 visas for married sons and daughters of US citizens and their spouses and minor children
• F-4 visas for brothers and sisters of a US citizen (not less than 21) and their spouses and minor children

How to apply for a family-based green card

Application for a family-based green usually starts with the family member in the US. They will be required to submit a petition for the grant of a visa to their foreign resident family-member. This is also referred to as sponsoring the applicant. 

There are two main processes through which the application can be made. This can be either through adjustment of status or consular processing. 

Adjustment of status

Adjustment of status is strictly for those who are relatives of US citizens and are already in the US on a valid non-immigrant visa. For instance, a spouse of a US citizen in the US on a tourist visa may make the decision to relocate permanently. 

However, we must sound a note of warning here. It is regarded by the US Citizenship and Immigration Services (USCIS) as fraud to intentionally enter the US on a non-immigrant visa with the actual goal of adjusting status. This is considered a misuse of the visa and may result in the denial of your application. 

To apply for an adjustment of status in the US, the procedure you will have to follow includes: 

• Filing of Form I-130 Petition for Alien Relative
• Filing of other relevant forms for processing although the common practice is to file all these together with Form I-130 to expedite the process. These forms include:
  • Form I-485 Application to Adjust Status
  • Form I-130A Supplemental Information for Spouse Beneficiary (this only applies if the relative is a spouse)
  • Form I-864 Affidavit of Support
  • Form I-693 Report of Medical Examination and Vaccination Record
  • Form I-765 Application for Employment Authorization (this is optional)
  • Form I-131 Application for Travel Document (optional)
• The USCIS will make a decision on the visa petition
• If approved, the USCIS will invite the applicant for a personal interview and if successful, permanent resident status will be approved soon after. A green card will be sent within a few weeks. 

Consular processing

This is the more often used procedure for people wishing to relocate to the US on a family-based visa. The application is usually done through a US consular office in the foreign resident’s country or at a US embassy. The following procedure is applicable here. 

• Filing of Form I-130 by the sponsoring family member
• The USCIS will make a decision on whether to approve the petition. 
• If the petition is approved, the applicant will often have to wait for some time until a visa is available. This wait period can often take months to years although your place on the waiting list is secured by when you actually apply. 
• When a visa becomes available, the following forms will be sent to the applicant and will need to be filed with the local US embassy or consulate:
  • Form DS-260 Immigrant Visa Electronic Application 
  • Form I-130A Supplemental Information for Spouse Beneficiary (this only applies if the relative is a spouse)
  • Form I-693 Report of Medical Examination and Vaccination Record
  • Form I-864 Affidavit of Support
• Once granted, the applicant will use an immigrant visa to enter the US and then claim permanent resident status. A green card will be sent within a few weeks. 

Contact our immigration attorneys for a stress free process

Applying for a visa can be a very stressful, demanding experience. Although we have provided a broad outline of what the process would entail here, there may be several issues that crop up along the way. 

For a stress free process, you should contact an immigration attorney that can advise you on the process and how it fits your circumstances. Often, policy changes may be made that affect the dynamics for some individuals. 

Contact us at Jeffrey Thompson Law to ensure that you have all the information you need for a smooth experience.