Family-Based Immigrant Visas (Green Cards)
One way of applying for a green card to live in the United States indefinitely is through family-based immigration.
A U.S. citizen may apply for:
- A spouse or unmarried children under 21-years of age (Immediate Relatives);
- Unmarried sons and daughters over 21-years of age (1st Preference);
- Married sons and daughters (3rd Preference); and
- Brothers and sisters (4th Preference).
A green card holder (“Lawful Permanent Resident” or “LPR”) may apply for:
- A spouse or unmarried children under 21 (2A Preference); and
- Unmarried sons and daughters over 21-years of age (2B Preference).
Once someone qualifies for a family-based immigrant visa, he or she must:
- Have an approved family-based I-130 petition from the U.S. Citizenship and Immigration Services (“USCIS”);
- Have a current priority date based on the Visa Bulletin issued by the U.S. Department of State; and
- The priority date of the petition depends on the preference category. It can be thought of as a waiting period based on the family relationship. For instance, the spouse of a U.S. citizen (an “immediate relative”) has a visa number which is immediately available. By contrast, a brother or sister of a U.S. citizen (a 4th preference category) can generally expect to wait over ten years for a current priority date.
- Apply for an immigrant visa with the U.S. Department of State if outside the United States, or for adjustment of status if in the United States.
IMPORTANT:
Those who entered without inspection, who have removal/deportation orders, and/or who have or had criminal problems may not be eligible for an immigrant visa or for adjustment of status in the United States. As a result, it is extremely important to contact us or schedule an initial consultation to discuss your particular case.
Please also visit the rest of our website to see other ways to obtain a green card to live in the United States.
|