What is a U.S. Family-Based Green Card?
A Family-Based Green Card allows foreign relatives of U.S. citizens or Green Card holders to obtain permanent residency (Green Card) in the United States. This pathway enables families to reunite and live together legally in the U.S.
At Sahin Legal Consultancy, we assist families in navigating the Green Card process, ensuring a smooth and successful application.
Who is Eligible for a Family-Based Green Card?
Family sponsorship for a Green Card is divided into two main categories:
1. Immediate Relatives of U.S. Citizens (No Annual Cap on Visas)
✅ Spouse of a U.S. citizen.
✅ Unmarried children under 21 of a U.S. citizen.
✅ Parents of a U.S. citizen (if the petitioner is at least 21 years old).
2. Family Preference Categories (Limited Visas Available)
✅ F1 (First Preference) – Unmarried sons and daughters (21+) of U.S. citizens.
✅ F2A (Second Preference A) – Spouses and unmarried children (under 21) of Green Card holders.
✅ F2B (Second Preference B) – Unmarried sons and daughters (21+) of Green Card holders.
✅ F3 (Third Preference) – Married sons and daughters of U.S. citizens.
✅ F4 (Fourth Preference) – Siblings of U.S. citizens (if the petitioner is 21+).
Note: Immediate relatives do not have to wait for a visa number, while family preference applicants may face long waiting times due to visa quotas.
Step-by-Step Guide to Applying for a Family-Based Green Card
Step 1: File Form I-130 (Petition for Alien Relative)
- The U.S. citizen or Green Card holder must file Form I-130 with U.S. Citizenship and Immigration Services (USCIS).
- Processing time varies based on the relationship category.
Step 2: Wait for Visa Availability (For Family Preference Categories)
- Immediate relatives of U.S. citizens do not need to wait for a visa number.
- Family preference applicants must wait until a visa number becomes available under the Visa Bulletin.
Step 3: Adjustment of Status or Consular Processing
- If the applicant is inside the U.S., they can file Form I-485 (Adjustment of Status).
- If the applicant is outside the U.S., they must go through Consular Processing at a U.S. Embassy.
Step 4: Attend the Green Card Interview
- USCIS or a U.S. Embassy officer will conduct an interview to verify the relationship.
- Spousal Green Card applicants may face extra scrutiny to prove a genuine marriage.
Step 5: Receive Green Card Approval
- If approved, the applicant receives their Green Card and can live permanently in the U.S..
- If denied, the applicant may be able to appeal or reapply.
Processing Times for Family-Based Green Cards
🕒 Immediate Relatives: 12-18 months (No waiting for visa numbers).
🕒 Family Preference Categories: 2-20+ years (Varies by category and home country).
Benefits of a Family-Based Green Card
✔️ Permanent Residency – Live, work, and study freely in the U.S.
✔️ Pathway to U.S. Citizenship – Eligible to apply for U.S. citizenship after 3-5 years.
✔️ Sponsor More Family Members – Green Card holders can petition for their spouses and children.
✔️ Access to Government Benefits – Social security, healthcare, and education opportunities.
Common Challenges & How to Overcome Them
❌ Long Waiting Periods for Family Preference Categories
Solution: Check the Visa Bulletin regularly and consider alternative immigration options.
❌ USCIS Requests for Evidence (RFE) or Green Card Denial
Solution: Provide strong supporting documents (birth/marriage certificates, proof of relationship, financial support).
❌ Marriage-Based Green Card Scrutiny
Solution: Submit photos, financial records, lease agreements, and affidavits proving a real marriage.
❌ Petitioner’s Financial Ineligibility
Solution: Find a joint sponsor who meets the financial requirements.
FAQs About the U.S. Family-Based Green Card
Q1: How long does it take to get a Family-Based Green Card?
- Immediate relatives: 12-18 months.
- Family preference categories: 2-20+ years (varies by priority level).
Q2: Can I work while waiting for my Green Card?
- If inside the U.S., you can apply for a work permit (EAD) while waiting for Adjustment of Status approval.
Q3: Can I travel outside the U.S. while waiting for my Green Card?
- If adjusting status in the U.S., apply for Advance Parole (Form I-131) before leaving to avoid abandoning your application.
Q4: What if the petitioner dies before the Green Card is approved?
- You may still qualify for Humanitarian Reinstatement or Survivor Benefits under U.S. immigration law.
Q5: Can a same-sex spouse apply for a Green Card?
- Yes, same-sex marriages are recognized for immigration purposes.
Why Choose Sahin Legal Consultancy for Your Family-Based Green Card Application?
✅ Expert Legal Advice – We guide you through eligibility and legal requirements.
✅ Comprehensive Document Preparation – We help you prepare strong evidence to support your case.
✅ Visa Interview Coaching – We prepare applicants for the USCIS or Consulate interview.
✅ Handling Delays & Denials – We assist in responding to RFEs, appeals, and reapplications.
📞 Call us today to reunite with your family in the U.S.!
📍 Based in London – Assisting families worldwide with U.S. immigration.
