Family-Based Green Card

People Seeking Asylum

Central American Immigrants

The requirements and qualifications for a family-based green card vary depending on your specific circumstances. Nevertheless, one of the main prerequisites is that the individual in the U.S. filing a petition on your behalf must have a valid US address and their status must be verified. This means that they must have valid documents proving they are either US citizens or Lawful Permanent Residents.

​In addition, the petitioning family member [the U.S. citizen of Lawful Permanent Resident] must show that he has enough income to petition someone. The amount of money that they must show varies based on the household size. If the person in the U.S. is a spouse, then they must present a valid marriage certificate. If the relation is between children and parents or for siblings, they are required to present a valid birth certificate.

Family Visas and Green Cards for Parents, Spouses, Children and Siblings

Securing a family-based green card is a viable option if you have a qualifying family member (e.g., a spouse, child, parent or sibling) who is willing to file a petition on your behalf. Though, it is important to note that the family member must either be a U.S. citizen or permanent resident.

​Generally speaking, spouses, parents, and minor children of U.S. citizens can obtain their green card sooner when compared to other relatives or the relatives of green card holders.

Permanent Resident Status for Parents and Siblings

If you are a permanent resident (i.e. green card holder) in the United States, then you are authorized to file a petition for your spouse and/or unmarried children to secure green cards. However, in contrast to a U.S. citizen, a permanent resident is NOT authorized to petition for parents or siblings.

Visas and Green Cards for Children of U.S. Citizens, Permanent Residents, and their Fiancés and Spouses

As mentioned, the relationship between the petitioner of the visa/green card and the beneficiary will impact the steps that need to be taken and the overall processing time of an application. For example, there is an order of “family preference” that will dictate the viability of an application and how long you can reasonably expect a decision to take on the application. Here is an overview of that family preference order:

​F1 (Family First) Preference: The F1 preference is for unmarried sons and daughters of U.S. citizens and their minor children.
F2 (Family Second) Preference: The F2 preference is for spouses, minor children, and unmarried sons and daughters (21 years and above) of lawful permanent residents.
F3 (Family Third) Preference: The F3 preference is for married sons and daughters of U.S. citizens as well as their spouses and minor children.
F4 (Family Fourth) Preference: The F4 preference is for brothers and sisters of U.S. citizens, and their spouses and minor children.

The process for obtaining a family-based immigrant visa typically begins by the sponsoring relative filing a Petition for Alien Relative (i.e., Form I-130). This Petition needs to be filed with the Department of Homeland Security, U.S. Citizenship and Immigration Services. Generally speaking, the following documents that will be needed to process the visa application:

• Affidavit of support
• Birth certificate
• Passport that is valid for at least six months beyond the intended date of entry into the U.S.
• Two passport photographs
• Marriage certificate (if applicable)
• Marriage termination documentation (if applicable)
• Immigration medical examination form

In addition, other documents may be necessary, depending on the unique aspects of your particular case. 

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