Family-Based Green Cards

Immediate Relatives of U.S. Citizens

Immediate relatives enjoy the most favorable treatment in the family-based immigration system because they are not subject to annual numerical visa limits. This means there is no multi-year wait for a visa number to become available once the I-130 petition is approved.

• Spouses of U.S. citizens — This includes legally valid marriages. USCIS scrutinizes spousal petitions to confirm the marriage is bona fide and was not entered solely for immigration purposes. Evidence of a genuine marital relationship — shared finances, co-habitation records, photographs, joint accounts — is critical.
• Unmarried children under 21 of U.S. citizens — These children qualify as immediate relatives so long as they remain unmarried and under 21 at the time of adjudication. Age-out risks under the Child Status Protection Act should be evaluated to protect eligibility.
• Parents of U.S. citizens (if the citizen is at least 21 years old) — Parents are immediate relatives with no annual cap. Each parent requires a separate I-130 petition. If the U.S. citizen child is under 21, the petition cannot yet be filed.

Even though immediate relatives bypass the visa bulletin backlog, their cases are not automatic approvals. USCIS may issue Requests for Evidence (RFEs), schedule interviews, and deny petitions when documentation is weak or relationship evidence is inconsistent. Careful preparation is essential regardless of category.

Family Preference Categories

Other qualifying family relationships fall into preference categories that are subject to annual numerical limits. These categories require the beneficiary to wait — sometimes years — for a visa number to become available before the case can proceed to final processing.

Wait times vary significantly by country of origin. Applicants from Mexico, Philippines, India, and China typically face the longest waits due to per-country limits. The Department of State publishes the Visa Bulletin monthly showing current cutoff dates by category and country. Strategic monitoring of Visa Bulletin movement is important for planning when to begin final processing.

The Family-Based Green Card Process

Step 1: File Form I-130 (Petition for Alien Relative)

The U.S. citizen or permanent resident sponsor files Form I-130 with USCIS to establish the qualifying family relationship. This petition is the legal foundation of the entire case. If relationship evidence is incomplete, inconsistent, or unpersuasive at this stage, the entire timeline can be delayed by months or the petition may be denied.

The I-130 petition requires:

• Proof of the petitioner's U.S. citizenship or permanent resident status
• Evidence of the family relationship (birth certificates, marriage certificates, adoption decrees)
• Photographs and identity documents for both the petitioner and beneficiary
• For marriage-based cases: substantial evidence that the marriage is bona fide, including shared financial accounts, lease or mortgage records, insurance documents, photographs over time, correspondence, and affidavits from people who know the couple
• Where relevant, divorce decrees for all prior marriages, name-change records, and properly translated foreign-language civil documents

Step 2: Wait for Visa Availability

Immediate relatives of U.S. citizens can proceed to the next step without waiting for a visa number. All other family preference categories must wait until the beneficiary's priority date becomes current based on the monthly Visa Bulletin. During this waiting period, families may need guidance on maintaining lawful status, work authorization options, and the impact of any planned travel outside the United States.

We help clients monitor both the Visa Bulletin Final Action Dates and Dates for Filing charts, because small timing errors — such as filing adjustment of status before the priority date is actually current — can lead to rejected applications.

Step 3: Apply for Permanent Residence (Adjustment of Status or Consular Processing)

Once a visa number is available (or immediately for immediate relatives), the beneficiary applies for permanent residence through one of two paths:

Adjustment of Status (Form I-485)

If the beneficiary is physically present in the United States and otherwise eligible, they may file I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS. In many immediate-relative spousal cases, the I-485 can be filed concurrently with the I-130 petition to save time.

A complete I-485 filing package typically includes the adjustment application itself, medical examination results (Form I-693), passport-style photographs, evidence of lawful entry or qualifying status, and the Affidavit of Support. Applicants may also file Form I-765 for employment authorization and Form I-131 for advance parole travel permission while the case is pending.

Adjustment of status eligibility requires careful analysis. Prior immigration violations, unauthorized employment, certain criminal history, or previous removal orders can affect eligibility and may require waivers or other legal strategies.

Consular Processing

If the beneficiary is outside the United States, the case proceeds through the National Visa Center (NVC) and then to a U.S. embassy or consulate for immigrant visa interview. The NVC stage involves fee payments, submission of the immigrant visa application (DS-260), civil documents, and the Affidavit of Support package. After NVC processing, the case is forwarded to the consulate for an in-person interview.

Consular processing requires meticulous document preparation. Missing police certificates, improperly translated records, or financial sponsorship deficiencies can result in administrative processing delays or visa refusals at the interview.

Step 4: Affidavit of Support (Form I-864)

Nearly all family-based green card cases require a valid Affidavit of Support on Form I-864, demonstrating that the petitioner-sponsor can financially support the intending immigrant at 125% of the Federal Poverty Guidelines. The I-864 is a legally enforceable contract between the sponsor and the U.S. government.

If the petitioner's income is insufficient, a joint sponsor who is a U.S. citizen or permanent resident and meets the income threshold may co-sign. Joint sponsors must independently qualify and submit their own complete I-864 package with tax returns, employment verification, and proof of status.

Common I-864 issues that cause delays include miscalculating household size, submitting incomplete tax transcripts, failing to include all required dependents, and not properly documenting assets when income alone is insufficient. We treat the financial sponsorship component as a full legal workstream, not a formality, because I-864 defects are among the most common reasons for Requests for Evidence.

Recent Policy Updates

Benefit Processing Pause for Certain Countries (PM-602-0192)

USCIS has implemented processing pauses and enhanced review for immigration benefit applications from nationals of certain countries, currently covering 19 or more nations. If your family member is a national of an affected country, processing timelines may be significantly longer, and cases may be held without decision until the hold is lifted. We monitor affected-country lists and advise on practical steps families can take while the case is pending.

Premium Processing Now Available for Certain I-130 Petitions

USCIS has expanded premium processing availability, allowing some I-130 petitioners to pay an additional $2,805 fee for expedited adjudication within approximately 45 business days. Premium processing is not available for all I-130 categories, so it is important to verify eligibility before paying the fee. We help families determine whether premium processing is worthwhile based on their case timeline and category.

Stricter Documentation Requirements

USCIS and consular posts have increased scrutiny of relationship evidence as part of enhanced fraud prevention measures. Petitions with minimal bona fide marriage evidence, inconsistent dates or addresses, or unexplained gaps in the relationship history are more likely to receive RFEs or be referred for fraud interviews. Front-loaded, well-organized evidence packages are more important than ever.

Payment Method Changes

USCIS no longer accepts personal checks for many filing types. Families should verify accepted payment methods at the time of filing to avoid rejected packages. Online filing through USCIS accounts is increasingly available and may offer additional convenience for certain form types.

How We Help

Case Evaluation

We start with a detailed eligibility analysis covering relationship category, admissibility concerns, prior immigration history, and available filing pathways. This prevents expensive filing mistakes and helps families move forward with realistic expectations.

Document Preparation

We build organized, thorough evidence packages tailored to your specific case type — including civil documents, certified translations, financial records, photographs, and relationship proof. Our goal is to prepare filings that can withstand strict documentary review at both the USCIS and consular stages.

Addressing Complications

Many family-based cases involve complications such as prior overstays, unlawful presence, status gaps, unauthorized employment, prior visa denials, criminal history, or misrepresentation concerns. We identify these issues early and develop legal strategies — including waiver eligibility analysis — before they become interview surprises or denial grounds.

Consular Interview Preparation

For families going through consular processing, we provide practical interview preparation covering likely officer questions, document organization, potential red flags, and how to present a consistent and complete case at the embassy or consulate.

Adjustment of Status

For U.S.-based cases, we prepare the complete I-485 adjustment package including medical exam coordination, employment authorization and travel document applications, financial sponsorship review, and interview readiness when USCIS schedules one.

Ongoing Communication

Our clients receive regular status updates, candid timeline assessments, and direct attorney communication throughout the process. We believe families should always know where their case stands and what is expected next.

For couples planning marriage first, review our Fiancé (K-1) visa page. If your long-term goal is citizenship, see Citizenship & Naturalization.

Frequently Asked Questions