Family Based Green Card

The family based petition is filed either by a U.S. citizen or U.S. lawful permanent resident relative.

Immediate Relatives of U.S. Citizens (IR)

These types of immigrant visas are based on a close family relationship with a U.S. citizen, including spouses, children, and parents. Additionally, a U.S. citizen can sponsor a child adopted or to be adopted from abroad, if that child meets the definition of orphan as provided for in immigration law. Family members of United States citizens (not Legal Permanent Residents) can file Immediate relative Petitions. For immigration purposes, Immediate Relative classifications include:

  • Spouse of a U.S. Citizen
  • Unmarried Child Under 21 Years of Age of a U.S. Citizen (IR-2)
  • Orphan adopted abroad by a U.S. Citizen (IR-3)
  • Orphan to be adopted in the United States by a U.S. citizen (IR-4)
  • Parent of a U.S. Citizen who is at least 21 years old (IR-5)

Limited Family-Based Immigration

These types of immigrant classifications involve specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident.

  • Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any.
  • Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents.
  • Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children.
  • 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.

In addition to the above, people whose Asylum case was approved (Asylees) can also apply for their spouse and children to join them in the United States of America.

It might make more sense for you to apply for U.S. Citizenship if you are a Permanent Resident and are eligible for naturalization.  It might make the wait time shorter for your family and may also cure unlawful presence of your loved ones already in the United States. The wait time for visa availability can be seen in the Visa Bulletin published by the Department of State.

The Department of State publishes a Visa Bulletin every month. It provides the dates corresponding to each category. For you to be eligible to receive a visa, the Priority Date of your application (usually the date you apply for an immigration benefit through form I-130) should be prior to the Final Action Date for your category.