Family and Work Visa Plan Green Card through Family

Green Card through Family

One of the most straightforward ways to migrate to the US is by being the relative of someone already in the US. Relatives, however, come in different flavors, from immediate family and dependents to extended family and sometimes, distant relatives. In some cases, it may be a child you are adopting who will soon be a member of your family.

For all of these, the method of choice is to apply for a Green Card as a Family Member.

There were estimated to be 13.9 million Green Card holders or Lawful Permanent Residents (LPR) in the United States as of 2019. Of these, 9.1 million were eligible to become US citizens, and about 65,000 of them were serving in the US military.

Every fiscal year, the United States releases 480,000 visas to allow family members of US citizens or LPRs to immigrate to the US. There is no limit on immediate relatives of US citizens or Lawful Permanent Residents (LPRs).

Other eligible family members are divided into four preference groups, never less than 260,000 per year.

These numbers are divided between various preference sub-categories described below. Within each sub-category, only 7% of the quota is allocated to people born in any given country. This invariably creates a backlog and waiting period for populous countries such as India and China. Getting a card from these countries can be a long and slow process, taking years or, in some cases, even decades.

Each year, an average of 247,682 petitions gets filed seeking Green Cards for Alien Relatives. Of these, only 19.717 are rejected, and 15,909 denied.

Who is eligible for a Green Card Through Family?

Immediate relative of a US citizen

If you are the spouse, unmarried child under the age of 21, orphan adopted abroad by US citizens, or parent of a US citizen who is at least 21 years old, you are instantly eligible. There is no annual limit to how many immediate relatives of US citizens may be allowed to immigrate to the US. As a result, there is no waiting period, and unlike with other categories of family members, processing times are short.

Other family members

Besides immediate relatives, other family members are also eligible to apply for a Green Card as described in the categories below:

First preference (F1 visa) – Unmarried sons and daughters (21 years or older) of US citizens.

Second preference (F2A visa) – Spouses and unmarried children (under 21 years of age) of LPRs.

Second preference (F2B visa) – Unmarried sons and daughters (21 years of age and older) of LPRs.

Third preference (F3 visa) – Married sons and daughters of US citizens.

Fourth preference (F4 visa) – Brothers and sisters of US citizens 21 years of age and older).

The visas vary depending on the category you fall under, as you can see —

IR-1 visa Spouse of a US citizen

IR-2 visa Unmarried children under 21 years old of a US citizen

IR-3 visa Children adopted abroad by a US citizen

IR-4 visa Children to be adopted within the US by a US citizen

IR-5 visa as a Green Card for parents of US citizens who are at least 21 years old.

If your sponsoring relative in the United States is Lawful Permanent Residents (LPRs) rather than a US citizen, the following visas are relevant:

F-1 visa Unmarried sons and daughters of US citizens and their minor children

F-2 visa Spouse and minor children (F-2A visa), or adult children (F-2B visa) of US LPRs

F-3 visa Married children of US citizens who will go to the US with their spouses and minor children

F-4 visa Siblings of US citizens who will go to the US with their spouses and minor children. The sponsoring US relative must be at least 21 years old.

How do you apply for a Green Card by Family?

Getting a Green Card as a family member is a slow-moving but not complicated process. It starts with the sponsoring relative who is a US citizen or an LPR. The sponsoring relative should be able to —

• Show documentation proving that they are a US citizen or a lawful permanent resident of the United States.
• Have a qualifying family relationship with you, the beneficiary.
• Must be willing to sponsor you for Lawful Permanent Residency by filing the Form I-130, Petition for Alien Relative.
• Prove that they can support you, your family, your relatives and all other sponsored family members at 125% above the mandated poverty line. The current poverty line in the US is $26,200 per annum for a family of four.

1. Submit Form I-130, Petition for Alien Relative: Your sponsoring relative will start the process by filing the Petition for Alien Relative, known as Form I-130, to the US Citizenship and Immigration Services (USCIS). The date on which Form I-130 is filed is important, and known as the priority date. There is a filing fee of $535, in addition to biometric fees.
2. Wait for the petition to be approved. If you are an immediate relative, you have no waiting period and can go straight to the next step. All other family relatives must wait for their priority date to become current.

The priority date is the day your Form I-130 petition was received by the USCIS. This is matched against the ‘final action dates’ listed in the visa bulletin that the Department of State releases each month. When your priority date meets the final action date for your country, your date will become ‘current’.

Once the USCIS has processed Form I-130, they will send the case file to the National Visa Centre (NVC). The NVC will notify you when they receive the documents from the USCIS and once again when an immigrant visa number is about to become available. They will also alert you when you should pay immigrant visa processing fees and upload supporting documentation.

The NVC’s notice is like a starter package. It will contain your case number, invoice ID number, and detailed instructions on your next steps.

3. Gather the following supporting documents: The documents listed below will help you fill out your DS-260 form online and will also be required at the visa interview —

• Your passport should be valid for more than six months after the planned date of your entry into the US.
• A signed Form I-864, also known as an Affidavit of Support from your sponsoring relative, the US petitioner.
• Medical examination and vaccination documents
• Two visa photographs per individual according to the photo requirements
• Court and criminal records and police certificate
• Military records, if you served in the military

4. Submit Form DS-260. In this form, also known as the Application for Immigration Visa and Alien Registration, you will answer questions about yourself and your background and your purpose of immigrating to the US.

Here are the steps to filling out Form DS-260 —

4.1. Designate your contact with Form DS-261: The online DS-261 is a simple electronic form that allows you to name a person or agent you have selected to receive communications from the Department of State. You may name yourself as the agent or an immigration lawyer or family member.

4.2. Pay the fees: Next, you will pay two mandatory fees online. The online processing fee for the DS-260 online is $325, and the fee for processing the affidavit of support is $120. The fees, totalling $445, may be paid online. Be sure to print a copy of the payment acknowledgement; you will need it at the visa interview.

You will not be able to access Form DS-260 until NVC processes your payments. After submitting your payments online, it may take one week to process.

4.3. Submit Financial Sponsorship Documents (Affidavit of Support): This is when you will generally be asked to submit Form I-864, the Affidavit of Support you got from your sponsoring relative, in step 3.

4.4 Fill out Form DS-260 online: The NVC will inform you when it is time to submit Form DS-260. This can be done online. The process begins with entering your case number in the field provided. It’s a good idea to look at a sample completed DS-260 form before filling it online.

At the end of the submission, remember to print out the online DS-260 confirmation page. You will need it at your consular interview. If the information in the DS-260 changes before the interview — maybe you got a new job or a child — just update the consular officer during the interview.

Upon submitting the DS-260 form, you will get a confirmation page and number, which you must attach to your supporting documents.

5. Wait to be notified about your visa interview. The NVC will contact you again with an appointment date and time for your visa interview. Before you go for the interview, you will need to attend to the following —

5.1 Go for your medical check-up and vaccinations.  Follow the instructions you received from the NVC, set up an appointment with a US-government-approved doctor to undergo the required medication check-ups, get the vaccinations and whatever certificates are required.

5.2 Register for courier service. The embassy or consulate will use this courier to return your visa-stamped passport to you.

5.3 Gather required documents for interview. You will need to carry original or certified copies of all civil documents that you have already submitted to the NVC. Also, carry any other documents requested in your appointment letter.

6. Go for the visa interview. The visa officer may request additional documents at their discretion, and these requirements may vary from country to country.
7. After the visa: If your interview was successful, you will be notified that your DS-260 application has been approved and that you have been granted Lawful Permanent Status status in the United States. Your passport will be returned to you through the courier with an I-551 stamp inside to indicate you’re a permanent resident.

8. One last fee: As soon as possible after receiving your passport back with the I-551 stamp, you will need to pay an immigrant fee of $220 towards the production of your new Green Card (which you will receive in a few weeks after you enter the US).

How much does a Family-Based Green Card cost?

The following costs are generally standard for a Family-Based Green Card process —

Form I-130 filing fee: This is currently $535 and will normally be paid at first by your sponsoring relatives.

Form DS-260 Immigrant Visa Application processing fee: The current fee for processing this is $325.

Form I-864 Affidavit of Support processing fee: This is currently $120.

Medical fees.

Biometric measurements fees

Visa Issuance fee: In some countries, an additional Visa Issuance fee may be charged when the visa is issued. Check with the local US Embassy or Consulate for up-to-date fees.

Immigrant Fees: Currently $220.

Need more help?

Maybe you would still like some professional help with your application or consult a lawyer specializing in immigration and visa matters. In that case, you can explore some of your options, including how to access our exclusive list of professional immigration lawyers.

If you need answers or clarifications, email us, and we’ll do our best to get back to you within 24 hours.