Family-based immigration allows U.S. citizens and Lawful Permanent Residents (green card holders) to sponsor certain family members for immigration to the United States. The process involves multiple steps and can vary in length depending on the family relationship and country of chargeability.
The Two-Part Process
The journey typically involves two main stages:
- The Petition (Form I-130): The U.S. citizen or LPR sponsor (the “petitioner”) files Form I-130, Petition for Alien Relative, to establish the qualifying family relationship with the foreign national relative (the “beneficiary”).
- The Green Card Application (Form I-485 or Consular Processing): Once the I-130 is approved and a visa is available, the beneficiary can apply for their green card. This is done either:
- Inside the U.S.: By filing Form I-485, Application to Adjust Status, if they are legally present in the U.S.
- Outside the U.S.: Through “Consular Processing” at a U.S. embassy or consulate in their home country.
A Detailed Roadmap
Step 1: File the I-130 Petition. The petitioner files Form I-130 with proof of their status (U.S. passport, naturalization certificate, or green card) and evidence of the bona fide family relationship (e.g., marriage certificate, birth certificates).
Step 2: Wait for Visa Availability. The beneficiary’s “priority date” is the date the I-130 was filed. They must wait for this date to become “current” according to the monthly Visa Bulletin published by the Department of State. Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) have no waiting period.
Step 3: Apply for the Green Card.
- For Adjustment of Status, the beneficiary files Form I-485 along with other forms like the medical examination (I-693) and work authorization (I-765). They will later be scheduled for a biometrics appointment and potentially an interview.
- For Consular Processing, the case is transferred to the National Visa Center (NVC) and then to a U.S. consulate. The beneficiary completes forms online, submits civil documents, and attends an immigrant visa interview abroad.
Step 4: Receive the Green Card. After a successful interview and final approval, the beneficiary will be admitted as a Lawful Permanent Resident and receive their green card.
Common Challenges and Tips
Maintaining Status: For those adjusting status in the U.S., it is critical to maintain a valid nonimmigrant status throughout the process until the I-485 is filed.
Documentation: Provide extensive evidence of a genuine family relationship, especially for marriage-based petitions. This includes joint financial records, leases, photos, and affidavits from friends and family.
