Family-Based Immigration in the United States
Green Card through Family
What is family-based immigration?
Family-based immigration is the process that allows U.S. citizens and permanent residents to bring close relatives to live permanently in the United States. This path to a green card accounts for most new immigrants each year. The process begins when the U.S. sponsor files Form I-130, Petition for Alien Relative. Whether the relative qualifies as an immediate relative or falls into a family preference category determines how long the wait will be.
Immediate Relative and Family Preference Categories
Who can sponsor a family member?
Only U.S. citizens and lawful permanent residents may sponsor relatives through family-based immigration. Citizens may petition for a wider range of family members, including spouses, parents, children, and siblings. Permanent residents may petition only for spouses and unmarried children. Family-based immigration categories fall into two groups:
Perhaps the greatest distinction between these categories is wait time. The government can issue as many green card as necessary for immediate relatives. However, there is an annual cap on family preference categories. In other words, there is a limited supply and typically a wait time.
File Form I-130, Petition for Alien Relative
How do we get started with family-based immigration?
The family-based immigration process begins with the petitioner (U.S. citizen or lawful permanent resident) making a request to the U.S. government to allow a foreign relative to immigrate. The petitioner files Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). The I-130 petition establishes the existence of a qualifying relationship and is the foundation of every family-based immigration case.
- How to Bring a Spouse to the U.S. – A Step by Step Guide
- Getting Started with the Family-Based Green Card Process
Each year, USCIS rejects or denies thousands of I-130 petitions. Rejections and denials delay the process and can cost you money. Therefore, it's important to get it right. CitizenPath helps you prepare the I-130 correctly and provides you with a customized list of supporting documents to submit with your petition package.
* Data based on USCIS Forms Data and Lockbox Rejection Data.
Paths to a Family-Based Green Card
How do we get started with family-based immigration?
Once USCIS approves the I-130 petition and a visa number is available, the foreign family member may apply for a green card. There are two basic paths to apply for the green card:
- Adjustment of Status (inside the U.S.) — If the immigrant is lawfully present in the United States, they may apply for adjustment of status with Form I-485. This process allows the person to remain in the U.S. while the application is pending. Some applicants may apply for work authorization and travel permission during this time.
- Consular Processing (outside the U.S.) — If the immigrant lives abroad, the case moves through consular processing. After USCIS approves the I-130, the National Visa Center gathers forms and fees, and the applicant attends an immigrant visa interview at a U.S. embassy or consulate. Once approved, the immigrant enters the U.S. as a permanent resident.
Affidavit of Support and Income Requirements
What income is required to sponsor my relative?
Nearly all family-based immigration cases require the U.S. sponsor to file Form I-864, Affidavit of Support. This form is a contract showing the sponsor has enough income or assets to support the immigrant at 125% of the federal poverty level. If the sponsor’s income is too low, a joint sponsor may help. The Affidavit of Support ensures immigrants will not become a public charge. Learn more in Financial Sponsor Needed for a Family-Based Green Card.
Priority Dates and the Visa Bulletin
What is the visa bulletin?
Each family-based immigration petition receives a priority date when USCIS accepts Form I-130. The priority date establishes the immigrant’s place in line. For immediate relatives, the wait is minimal because visas are always available. For family preference categories, applicants must monitor the U.S. Department of State’s monthly Visa Bulletin to see when their priority date becomes “current.” Only then can they move forward with the green card process. For more detail on the next steps, read what to expect after the I-130 petition is approved.
Processing Times and Wait Periods
How long does my relative need to wait for a green card?
Family-based immigration processing involves two timelines. First, USCIS must process the I-130 petition, which may take months. Second, family preference applicants must wait for visa availability according to the Visa Bulletin (described above). Waits can range from a few months to many years depending on the category and country of origin. Immediate relatives usually move faster because no annual visa limits apply. To see what happens after filing Form I-130 and the approximate wait times by category, see the Form I-130 Processing Time.
Costs of Family-Based Immigration
How much will a green card cost?
Costs vary depending on whether the case is handled through adjustment of status or consular processing. Typical expenses include USCIS filing fees, State Department fees, and the medical examination. Most families spend several thousand dollars from start to finish. Get an explanation and breakdown of government fees, preparation costs, and incidental expenses for each:
Grounds of Inadmissibility and Waivers
Will they approve our family-based immigration application?
Even with an approved I-130, some immigrants may face obstacles. U.S. immigration law lists grounds of inadmissibility such as certain criminal convictions, health issues, past immigration violations, or misrepresentation. In many cases, the immigrant can apply for a waiver using Form I-601 or I-601A. A waiver asks USCIS to forgive the problem based on family hardship or other factors. For a general list of these categories, review the grounds of inadmissibility.
How CitizenPath Helps Families
Is there an affordable service to help me do this correctly?
Family-based immigration can feel overwhelming. CitizenPath makes the process easier by guiding families through each form with step-by-step instructions. Our software checks for mistakes, prepares ready-to-sign forms, and provides personalized filing instructions. Thousands of families have successfully completed petitions with our help, saving money compared to hiring an attorney. Learn more about the Immigrant Visa Petition Package >>
STEP 1 | Check Eligibility | |
We're going to ask you a few questions to make sure you're eligible and preparing the correct form. | ||
STEP 2 | Prepare Form I-130 | |
Our software will guide you through the I-130 petition using simple step-by-step instructions. | ||
STEP 3 | Download, Print and File | |
Once you're completely satisfied, you’ll be able to print your I-130 and customized filing instructions. | ||
