Family-Based Immigration

Family-based immigration is still the most common and popular way to obtain permanent residence. Family-based adjustments constitute well over half of all green cards issued each year. The family-based immigration route is broken into two distinct categories. The first is for spouses, parents, and minor children of U.S. citizens. This privileged category is not subject to any backlogs or priority date restrictions that cause lengthy delays. The second category, almost always subject to backlogs, is for other relatives of U.S. citizens and the spouses and children of permanent residents:

F-1: unmarried adult children of U.S. citizens (typically a 7 year wait)

F-2A: spouses and children of permanent residents (1 year wait)

F-2B: unmarried adult children of permanent residents (6 year wait)

F-3: married adult children of U.S. citizens (13 year wait)

F-4: siblings of U.S. citizens (14 year wait)

Not only is this second category of family-based immigrants subject to lengthy backlogs, the waiting time can be further lengthened for nationals of mainland China (+1 year), India (+1), Mexico (+12), and the Philippines (+15).

As with other applications for permanent residence, an individual’s eligibility for a green card is determined by an underlying petition. For family-based immigration, the U.S. citizen (or permanent resident) must file an I-130 petition with USCIS to prove the familial relationship. This remains true even if the family member is living overseas. In those cases, once the I-130 is approved the family member will apply for permanent residence at the consulate. For spouses, parents, and minor children of U.S. citizens already in the United States, the I-130 petition is typically filed with the family member’s green card application. 

One critical difference between family-based immigration and the other green card routes is that the petitioning U.S. citizen (or permanent resident) must also “sponsor” the family member financially, showing an income of at least 125% of the federal poverty guidelines. The new public charge guidelines published by USCIS specifically target family-based immigration. And although employment-based immigrants must also attend an interview with USCIS, marriage-based interviews are much more in-depth and comprehensive, and spouses are granted conditional permanent residence that must be lifted after two years. Obtaining the required documents for children can sometimes be challenging according to local practices and record keeping overseas. Cases of adoption require a whole different set of evidentiary requirements. To ensure that all of the requirements and burdens of proof have been met, all individuals seeking a green card through family sponsorship should consult a qualified immigration law firm.