Family-Based Green Card Applications
1. General Process for Family-Based Green Cards.
A foreign citizen may obtain lawful permanent resident ("LPR") status (i.e., a green card) through two options: (A) family based or (B) employment based immigration. Through employment-based immigration, a foreign citizen may obtain a green card based on an offer from a U.S. employer for permanent employment. Through family-based immigration, a U.S. citizen or Lawful Permanent Resident can sponsor his or her close family members for permanent residence under one of five available categories.
2. Annual Numerical Limits.
The Immigration and Nationality Act (“INA”) imposes annual numerical limits, or quotas, on the number of family-based green card applicants who may receive immigrant visas or who may otherwise acquire lawful permanent residence status. Because so many people apply for a green card each year, these numerical limitations often create a waiting line and substantial delay.
3. Immediate Relatives Exempt from Quota.
However, one family-based category is exempt from the worldwide numerical limitations: “immediate relatives” of U.S. Citizens. Immediate relatives may immediately file for a green card without having to wait for an immigrant visa to become available. The remaining four family-based green card categories (known as preferences) must wait in line for an immigrant visa number to become available before completing the green card process.
4. Immediate Relative Categories. INA § 201 (b).
The following individuals may qualify for Immediate Relative status:
(A) The Spouse, Widow(er), or Minor Child (unmarried children under 21) of a U.S. Citizen; or
(B) The Parent of a U.S. citizen (U.S. citizen must be 21 or over).
5. Four Family-Based Preference Categories. INA § 203 (a).
(A) First Preference: Unmarried sons and daughters of U.S. citizens (and their children).
(B) Second Preference:
(i) Spouses and minor children of a lawful permanent resident.
(ii) Unmarried sons and daughters (over the age of 20) of a lawful permanent resident.
(C) Third Preference: Married sons and daughters of U.S. citizens (and their spouses and children).
(D) Fourth Preference: Brothers and sisters (21 years of age or older) of U.S. citizens.
6. Family-based Green Card Procedure.
The permanent residence process for family-based green cards generally encompasses two-to-three stages and involves the U.S. Citizenship and Immigration Services (“USCIS”) and the U.S. Department of State (“DOS”). The following are the three stages:
(A) Stage I - Immigrant Petition for Relative (I-130).
(B) Stage II - Immigrant visa number (Immediate Relatives skip this stage).
(C) Stage III -
Option 1: DOS - Immigrant Visa Processing (IVP).
Option 2: USCIS - Adjustment of Status (AOS).
Revised June 16, 2009.