Family is one of the most common paths to a green card. If you are a U.S. citizen or a lawful permanent resident, you may be able to petition for certain relatives. Here is the shape of the process.

Who you can petition for

  • U.S. citizens can petition for a spouse, children, parents, and siblings.
  • Lawful permanent residents can petition for a spouse and unmarried children.

Spouses, parents, and unmarried children under 21 of U.S. citizens are treated as immediate relatives, and there is no annual limit on their visas. Other relatives fall into preference categories, which are limited each year.

The basic steps

  1. The relative in the United States files a petition to establish the family relationship.
  2. The immigrant either applies to adjust status from inside the country, or goes through consular processing at a U.S. consulate abroad.
  3. There is an interview, and if everything is in order, the green card is approved.

Where the wait comes from

For immediate relatives, a visa is available right away, so the timeline depends mostly on processing. For preference categories, there can be a wait of months or years for a visa to become available, tracked in the monthly Visa Bulletin. Knowing which category you fall into is the difference between planning for months and planning for years.

Every family is different

Prior entries, prior filings, and time out of status can all change what is possible. That is why the first step is a careful look at your specific history before anything is filed.

This article is general information about the law, not legal advice, and reading it does not create an attorney-client relationship. Every situation is different. For guidance on your own case, speak with an attorney.

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