Family-Based Green Card

Information on the requirements and processing for Lawful Permanent Residence (green card) based on family relationship.

Who Is Eligible For A Family-Based Green Card?

Through family-based immigration, a U.S. citizen or Lawful Permanent Resident can sponsor close family members for permanent residence / a green card if the family member falls under one of 6 categories.

  1. Immediate Relatives of U.S. Citizens, which include:

    • The spouse of a U.S. citizen

    • The unmarried child under 21 years of age of a U.S. citizen

    • The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older)

  2. Unmarried sons & daughters (+21 years) of U.S. Citizens (First Preference - F1)

  3. Spouses & children (unmarried and under 21 years) of lawful permanent residents (Second Preference - F2A)

  4. Unmarried sons & daughters (+21 years) of lawful permanent residents (Second Preference - F2B)

  5. Married sons & daughters of U.S. Citizens (Third preference - F3)

  6. Brothers & sisters of U.S. Citizens (if the U.S. citizen is 21 years of age and older (Fourth preference - F4)

What Is The I-130 Petition Requirement?

  • An I-130 petition must be filed by the U.S. citizen or Lawful Permanent Resident on behalf of their relative in order to prove the person qualifies for lawful permanent residence status under one of the above green card categories.

  • This is generally the first step in family-based green card filings (unless concurrently filing with an AOS application - see below).

  • Read more about the I-130 petition.

What Is The Public Charge Ground of Inadmissibility / I-864 Affidavit of Support Requirement?

  • U.S. immigration law provides that an individual will be inadmissible (or ineligible) for lawful permanent residence (a green card) if an immigration officer believes that the applicant is likely to become a public charge.

  • As part of the requirement to prove that an applicant will not become a public charge, the U.S. Citizen or Lawful Permanent Resident sponsor must provide proof that he/she has adequate means to financially support the green card applicant. This is established by filing an Affidavit of Support, I-864.

  • The U.S. citizen or Lawful Permanent Resident must show that his/her income meets 125% of the U.S. poverty guidelines based on household size.

  • Read more about the I-864 requirement.

Processing Options:

  • Applicants who are physically present in the U.S. may be able to process their green card applications through Adjustment of Status (AOS).

  • Applicants who are not physically present in the U.S., or who may not qualify for AOS, would need to process their green card applications through Immigrant Visa Processing at the U.S. Embassy/Consulate in their home country.

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