Family Based Green Cards

A United States Citizen may typically petition for permanent residencyfor his/her family members. In certain instances a non-citizen green card holder may also petition for family members. Family members are split into 5 different categories: (1) immediate relatives, (2) unmarried children over the age of 21, (3) spouses and minor children of a green card holder, (4) married individuals with at least one U.S. citizen parent, and (5) sisters and brothers of a U.S. citizen who is 21 years old or older.

Immediate Relatives of U.S. Citizens

1. There is no limit to the number of relatives who are given green cards
2. Includes spouses and recent widows and widowers of U.S. citizens
3. Includes children (unmarried under age 21), stepchildren, and stepparents as long as the marriage occurred before the child was age 18
4. Includes adopted children as long as the adoption takes place before the age of 16 provided certain other requirements are met

Other Family Members

1. A limited number of green cards are given in this category (480,000).
2. It’s a first-come, first-serve basis, so the earlier a person turns in an application, the sooner the immigrant can apply for a green card.
3. Filing gives you a place in the queue, and final processing occurs once a visa is available in that category provided the beneficiary maintains eligibility.
4. The wait ranges from 3 to 24 years.

Order of preference for other family members

1. Unmarried sons and daughters (over 21) of a U.S. citizen
2. Spouses and minor unmarried children of a green card holder
3. Married sons and daughters who have at least one U.S. citizen parent
4. Sisters and brothers of U.S. citizens

If you have questions about whether you or a relative is eligible for permanent residency, contact one of our immigration lawyers.