Obtaining a Green Card for your family members is a significant step towards family reunification in the United States. This guide will walk you through the application process, focusing on how U.S. permanent residents can petition for their family members to also receive Green Cards and become permanent residents of the United States. Understanding the process and requirements is crucial for a smooth and successful application.
Filing Form I-130: Petition for Alien Relative
The first step in helping your family members get a Green Card is to file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship between you, the U.S. permanent resident, and your family member who is seeking a Green Card.
To successfully file Form I-130, you must:
- Submit Form I-130: Ensure the form is completed accurately and signed. You can find the most recent version of Form I-130 and instructions on the USCIS website.
- Provide Proof of Your Permanent Resident Status: You must demonstrate to USCIS that you are indeed a U.S. permanent resident. Acceptable proof usually includes a copy of your Green Card (Permanent Resident Card).
- Submit Evidence of the Qualifying Family Relationship: This is critical to prove the familial bond with your family member. The required documents vary depending on the relationship. Examples include:
- Birth Certificates: To prove parent-child or sibling relationships.
- Marriage Certificates: To prove spousal relationships.
- Divorce Decrees: To demonstrate the termination of prior marriages, if applicable.
- See the Form I-130 instructions for a complete list of specific documents needed for your particular family members.
- Submit Proof of Legal Name Change (If Applicable): If you or your family member (the beneficiary) have legally changed names, provide documentation such as a court order or marriage certificate that reflects the name change.
Alt text: Close-up of Form I-130 application, titled “Petition for Alien Relative,” symbolizing the initial step in the Green Card process for family members.
It is essential to carefully review the instructions for Form I-130 to ensure you provide all required documentation and information. Incomplete or inaccurate submissions can lead to delays or denials.
Preference Categories for Family-Based Green Cards
When petitioning for your family member, the U.S. immigration system uses preference categories to determine visa availability. These categories prioritize family relationships based on the degree of connection to U.S. citizens and permanent residents. For family members of permanent residents, the relevant categories are within the Second Preference:
- Second Preference (2A): This category is for spouses of Green Card holders and unmarried children under 21 years old of permanent residents. This category generally has a higher priority and shorter waiting times compared to other preference categories for family members.
- Second Preference (2B): This category is for unmarried adult sons and daughters (21 years or older) of permanent residents. Waiting times for visas in this category can be longer due to higher demand.
Other preference categories exist for family members of U.S. citizens, including:
- First Preference: Unmarried, adult sons and daughters (21 or older) of U.S. citizens.
- Third Preference: Married sons and daughters (any age) of U.S. citizens.
- Fourth Preference: Brothers and sisters of adult U.S. citizens.
The “priority date,” which is the date USCIS properly receives your Form I-130, determines when a visa becomes available within each preference category. You can find more information on priority dates and visa availability on the Visa Availability and Priority Dates page and the Visa Bulletin published by the Department of State.
Alt text: Digital tablet displaying the Visa Bulletin webpage, highlighting the crucial role of visa availability and priority dates for family member Green Card applications.
What to Expect After Filing Form I-130 for Your Family
After you file Form I-130 for your family member, the next steps depend on whether your family member is currently in the United States or residing abroad.
If your family member is in the United States:
- Your family member may be eligible to apply for Adjustment of Status to become a permanent resident once a visa number becomes available in their preference category. This is done by filing Form I-485, Application to Register Permanent Residence or Adjust Status. Adjustment of Status allows your family member to complete the Green Card process without leaving the U.S. Learn more about Adjustment of Status.
If your family member is outside the United States:
- The approved I-130 petition will be sent to the National Visa Center (NVC). The NVC acts as an intermediary between USCIS and U.S. consulates abroad.
- When a visa becomes available for your family member based on their priority date and preference category, the NVC will forward the petition to the appropriate U.S. consulate in their country of residence.
- The U.S. consulate will then contact your family member with instructions on how to proceed with consular processing. Consular Processing involves applying for an immigrant visa at a U.S. embassy or consulate.
You can monitor the progress of your Form I-130 petition online using the Check My Case Status tool on the USCIS website. The waiting time for a visa number to become available depends on the preference category and the annual visa limits set by U.S. immigration law. Preference categories with higher demand, such as the 2B category for adult unmarried family members, typically have longer waiting times.
Alt text: Laptop screen displaying the USCIS Case Status Online page, representing the online tracking system for family-based Green Card petitions.
Special Circumstances: U.S. Military Families
If you or your family member is a member of the U.S. military, special conditions and resources may apply to your situation. USCIS provides specific information and support for military families seeking immigration benefits. Refer to the Citizenship for Family Members of Military Personnel page for additional details and resources tailored to military families.
Important Note on Form I-130
It is crucial to understand that filing Form I-130 and having it approved by USCIS only establishes the qualifying family relationship. Approval of Form I-130 does not automatically grant a Green Card or any immigration benefit beyond creating a place in line for visa processing. Your family member must still go through either Adjustment of Status or Consular Processing to ultimately receive a Green Card and become a lawful permanent resident.
For comprehensive information about Green Cards, visit the main Green Card page. For specific details regarding Green Cards for relatives, see the Family of Green Card Holders (Permanent Residents) page. And for an overview of all processes and procedures related to obtaining a Green Card for family members, consult the Green Card Processes and Procedures page.
This guide provides a general overview of the process for U.S. permanent residents to petition for family members. Immigration laws and procedures can be complex, and it is always advisable to consult with an immigration attorney or accredited representative for personalized legal advice related to your specific situation and family members.
