Few things in life are as important as family, and for many immigrants, bringing loved ones to the U.S. is a top priority. If you’re hoping to reunite with your spouse, children, parents, or siblings, a family-based green card can make that dream a reality. However, navigating the immigration process can be complex, which is why working with an experienced immigration attorney can make all the difference.
Who Can Sponsor a Family Member for a Green Card?
The U.S. immigration system allows certain U.S. citizens and lawful permanent residents (green card holders) to petition for family members to join them in the United States. Here’s how it works:
Immediate Relatives (No Wait Time for a Visa)
U.S. citizens can petition for the following family members under the immediate relative category, which means there is no cap on the number of visas issued each year:
- Spouses
- Unmarried children under 21
- Parents (if the petitioner is 21 or older)
Family Preference Categories (Subject to Visa Availability)
For family members who don’t fall into the immediate relative category, green card sponsorship is available under the family preference system, which does have annual visa limits:
- F1 – Unmarried sons and daughters (21 or older) of U.S. citizens
- F2A – Spouses and unmarried children (under 21) of green card holders
- F2B – Unmarried sons and daughters (21 or older) of green card holders
- F3 – Married sons and daughters of U.S. citizens
- F4 – Siblings of U.S. citizens (petitioner must be 21 or older)
How Does the Family-Based Green Card Process Work?
1. File the I-130 Petition – The sponsoring family member must submit Form I-130 (Petition for Alien Relative) to the U.S. Citizenship and Immigration Services (USCIS), proving the qualifying family relationship.
2️. Wait for Visa Availability – Immediate relatives do not have to wait for visa availability. However, those in family preference categories may have to wait months or even years, depending on demand.
3️. Adjustment of Status or Consular Processing – If the beneficiary is already in the U.S., they may apply for adjustment of status (Form I-485) to become a permanent resident. If they are abroad, they must complete consular processing at a U.S. embassy or consulate.
4️. Attend an Interview & Receive Green Card – The beneficiary will be required to attend an interview, after which USCIS or the U.S. consulate will make a final decision on their green card application.
Why Work with an Immigration Attorney to Get a Family-Based Green Card?
The immigration process can be complex and overwhelming, with small mistakes leading to delays or even denials. Here’s why working with an experienced immigration attorney is crucial:
- Avoid Costly Mistakes – Filing the wrong form, missing deadlines, or submitting incomplete documentation can cause delays.
Related Article: 7 Common Immigration Mistakes and How to Avoid Them with an Immigration Attorney
- Overcome Challenges – If your case has complications (such as previous visa denials or inadmissibility issues), an attorney can help you navigate them.
- Expedited Processing – An experienced immigration attorney can ensure your application is filed correctly the first time, helping prevent unnecessary delays.
- Peace of Mind – Knowing a legal expert is handling your case allows you to focus on reuniting with your loved ones.
Laird Law: Helping Families Reunite in NYC & NJ
At Laird Law, we understand how important it is to bring your family together. With offices in New York City and New Jersey, we assist individuals with family-based green card petitions, adjustment of status, and a variety of other immigration matters. Whether you’re petitioning for a spouse, parent, child, or sibling, we provide the legal guidance and support you need to make the immigration process as smooth and pain-free as possible. Simply contact us today for a consultation or to start your family-based green card application.
