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The Green Card Family-Based category is one of the primary ways through which individuals can obtain permanent residency based on their family relationships with U.S. citizens or permanent residents.
The Family-Based Green Card category is divided into several subcategories, each corresponding to a different type of family relationship. The main subcategories include:
This subcategory is reserved for close family members of U.S. citizens, including spouses, unmarried children under the age of 21, and parents of U.S. citizens who are at least 21 years old. Immediate relatives are not subject to any numerical limits, meaning there is an unlimited number of visas available.
These subcategories are for more distant family relationships with U.S. citizens or permanent residents and have a limited number of visas available each year. The Family Preference Categories are divided as follows: a. F1 – Unmarried adult children of U.S. citizens and their minor children. b. F2 – Spouses, minor children, and unmarried adult children of permanent residents. c. F3 – Married adult children of U.S. citizens and their spouses and minor children. d. F4 – Siblings of U.S. citizens and their spouses and minor children, provided the U.S. citizen petitioner is at least 21 years old.
Petition: The U.S. citizen or permanent resident family member must file a Form I-130 petition on behalf of the foreign national relative. This petition establishes the family relationship and is submitted to the United States Citizenship and Immigration Services (USCIS).
Visa Application: Once the Form I-130 petition is approved, the foreign national relative can proceed with the visa application process. The specific process varies depending on whether the foreign national is inside or outside the United States. It may involve submitting additional forms, supporting documents, attending an interview, and undergoing medical and background checks.
The availability of visas and the processing times can vary depending on the specific family relationship and the individual’s country of origin. Some categories may have significant wait times due to visa backlogs and numerical limitations.
It’s important to note that obtaining a Family-Based Green Card requires meeting specific eligibility criteria, proving the qualifying family relationship, and complying with immigration laws and regulations. It is advisable to seek the guidance of an experienced immigration attorney to navigate the application process successfully and address any potential challenges.