The Family-Based Green Card Process, Step by Step

U.S. citizens and lawful permanent residents can sponsor certain family members for a green card. The process has two big stages: proving the family relationship, then getting the visa or green card itself.

Who can be sponsored

Immediate relatives of U.S. citizens have no annual cap, so there's no waiting line for a visa number:

• Spouses.
• Unmarried children under 21.
• Parents (if the citizen is at least 21).

Family preference categories are capped each year, and waits can range from a couple of years to many years depending on the category and the relative's country:

• Unmarried adult sons and daughters of citizens.
• Spouses and unmarried children of permanent residents.
• Married sons and daughters of citizens.
• Brothers and sisters of adult citizens.

The State Department's monthly Visa Bulletin shows how far each line has moved.

Step 1: The petition

The sponsor files Form I-130 with U.S. Citizenship and Immigration Services (USCIS), with proof of status and proof of the relationship, for example a marriage or birth certificate. Marriage cases need evidence the marriage is genuine.

Step 2: Getting the green card

Once the petition is approved and a visa number is available, there are two routes:

• Adjustment of status inside the U.S. (Form I-485), usually for relatives who entered legally and are eligible to adjust. In some cases the I-130 and I-485 can be filed together.
• Consular processing abroad: the case goes to the National Visa Center, then to a U.S. embassy or consulate interview.

Along the way

• Affidavit of Support (Form I-864): the sponsor shows enough income or assets to support the relative, or adds a joint sponsor.
• Biometrics appointment for fingerprints and photos.
• Medical exam by an approved doctor.
• Interview, where an officer reviews the case. Marriage-based interviews focus on whether the relationship is real.

Watch out for

• Prior immigration violations, such as unlawful presence, which can trigger bars to re-entry if the relative leaves the U.S. Waivers exist for some situations.
• Criminal history, even old arrests.
• Children "aging out" at 21; special rules can sometimes protect them.

Because a misstep can create long bars or even removal, many families have a lawyer review the case before filing. Find an immigration attorney near you. Related: how to choose an immigration lawyer.

This guide is general information, not legal advice. Forms, fees and processing times change; check current USCIS guidance.