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Eligibility for Family Based
Green Card
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Husband or
wife
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Unmarried
child under 21 years old
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Unmarried
son or daughter over 21
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Married
son or daughter of any age
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Brother or
sister if you are at least 21 years old
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Parent, if
you are at least 21 years old
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Widow or
widower of a U.S. citizen
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Stepson or
stepdaughter
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Stepparent
of a U.S. citizen child
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Adopted
son or daughter
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Adopted
parent
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Battered
or abused spouse or child
Family-Based Immigration Categories
The Immigration and Nationality Act allows for the immigration of
foreigners to the United States based on relationship to a U.S.
citizen or legal permanent resident. Family-based immigration falls
under two basic categories: unlimited and limited.
UNLIMITED FAMILY-BASED
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Immediate
Relatives of U.S. Citizens (IR): The spouse, widow(er) and
unmarried children under 21 of a U.S. citizen, and the parent of
a U.S. citizen who is 21 or older.
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Returning
Residents (SB): Immigrants who lived in the United States
previously as lawful permanent residents and are returning to
live in the U.S. after a temporary visit of more than one year
abroad.
LIMITED FAMILY-BASED
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Family
First Preference (F1): Unmarried sons and daughters of U.S.
citizens, and their children, if any. (23,400)
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Family
Second Preference (F2): Spouses, minor children, and unmarried
sons and daughters (over age 20) of lawful permanent residents.
(114,200) At least seventy-seven percent of all visas available
for this category will go to the spouses and children; the
remainder will be allocated to unmarried sons and daughters.
-
Family
Third Preference (F3): Married sons and daughters of U.S.
citizens, and their spouses and children. (23,400)
Family Fourth Preference (F4): Brothers and sisters of United
States citizens, and their spouses and children, provided the
U.S. citizens are at least 21 years of age. (65,000)
Apply
Process U.S. citizen files the following items with the INS: I-130 Petition for an Alien Relative ($110) Proof of relationship to alien relative (e.g., marriage certificate, birth certificate) I-864 Affidavit of support (no fee) requires the immigrant's sponsor to demonstrate an income level at or above 125 percent of the federal poverty line. U.S. citizen's proof of citizenship (e.g., passport, birth certificate)
Once INS receives your packet of information, it will be approved or denied. Once the petition is approved, they will send the petitioner a notice of approval, form I-797. INS will also forward the approved petition to the Immigrant Visa Processing Center, which will contact the intending immigrant with further information.
Limitations
Whenever there are more qualified applicants for a category than there are available numbers, the category will be considered oversubscribed, and immigrant visas will be issued in the chronological order in which the petitions were filed until the numerical limit for the category is reached. The filing date of a petition becomes the applicant's priority date. Immigrant visas cannot be issued until an applicant's priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached. Check the State Department's Visa Bulletin for the latest priority dates.
Obtaining an immigrant visa can be a complicated process and may not always end with the desired result. While it is possible to obtain such visas successfully on your own, you may wish to save time and effort by hiring a qualified and experienced immigration lawyer. Our Find-a-Lawyer feature can put you in touch with an experienced attorney right now. |
Immigration Law 
