Orlando / Celebration, Florida Representing Immigration Clients Worldwide
Home Family-Based Green Cards

Family-Based Green Cards

Family-Based Green Cards: Immigration Options for Relatives

U.S. Citizens and Lawful Permanent Residents are eligible to sponsor certain relatives for immigrant visas or lawful permanent residence (Green Card) in the U.S.

At a Glance

Family-based immigration can involve immediate-relative cases with no visa backlog or preference-category cases that depend on the Visa Bulletin and annual limits.

Family-Based Immigration Categories

Immediate Relatives of U.S. Citizens

This category includes spouses, unmarried children under 21, and parents of U.S. citizens when the citizen is at least 21 years old. Immigrant visas are generally immediately available in these cases.

Lawful Permanent Resident Sponsorship

Lawful permanent residents may petition for certain spouses and children, but those cases generally fall into preference categories and may involve waiting periods.

Visa Availability Note

The Family Preference categories below are subject to annual numerical limits (or a "CAP"), and the availability of immigrant visas is often backlogged. Wait times vary based on category and country of citizenship.

Family Preference Categories

  1. First Preference (F1): Unmarried sons and daughters (21 or older) of U.S. citizens
  2. Second Preference (F2):
    • F2A: Spouses and unmarried children (under 21) of lawful permanent residents
    • F2B: Unmarried sons and daughters (21 or older) of lawful permanent residents
  3. Third Preference (F3): Married sons and daughters of U.S. citizens
  4. Fourth Preference (F4): Brothers and sisters of adult U.S. citizens (if the citizen is 21 or older)

The Family-Based Green Card Process

  1. File Form I-130: The U.S. citizen or lawful permanent resident sponsor files the petition for the qualifying relative.
  2. USCIS review: USCIS reviews the petition and issues an approval or request for more information.
  3. Wait for visa availability if required: Preference-category applicants may need to wait for a current priority date under the Visa Bulletin.
  4. Choose the final processing path: Applicants pursue adjustment of status inside the U.S. or consular processing abroad.
  5. Attend biometrics and interview: USCIS or the consulate may require fingerprinting and an interview before final review.
  6. Receive permanent residence: If approved, the applicant receives a green card or enters the U.S. as a permanent resident.

Processing times vary significantly based on the relationship category and the applicant's country of origin. Immediate relatives typically complete the process within 12-18 months, while family preference categories may wait several years.

Strategy Matters

Family relationship, immigration history, current location, and visa availability all affect timing and process. The right filing strategy can help avoid preventable delay.

Trusted Counsel

Decades of immigration experience for every case.

  • 24+ Years of Legal Experience
  • 2001 Florida Bar Admission
  • AILA American Immigration Lawyers Association Member
  • Worldwide Clients Served Globally

Schedule a Consultation

Discuss your immigration, guardianship, or estate planning needs with Attorney Demian S. Serianni, bringing decades of experience to your case.