Family Petition

A Family Based Green Card allows U.S. citizens and lawful permanent residents to sponsor close relatives, such as spouses, children (unmarried and under 21), parents, and siblings, for permanent residency in the United States. To qualify, the sponsor must be a U.S. citizen or permanent resident and must file Form I-130, Petition for Alien Relative. The relationship must be proven through documents such as marriage certificates, birth certificates, or other evidence of family ties. If submitting the Form I-130 based on marriage, the couple must also prove that their marriage is bona fide and not solely for immigration purposes.  This involves submitting additional evidence such as joint financial documents, photos, messages between the couple, and/or affidavits from friends and family.  ​

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Immediate Relative vs. Preference Category​

 

An "immediate relative" refers to certain close family members of U.S. citizens, such as spouses, unmarried children under 21 years old, and parents. These individuals have visas readily available to them and must only wait for their application to be processed.  This makes it generally easier and faster for them to obtain a Green Card. On the other hand, a "preference category" includes other family members, such as siblings or adult children over 21 years old of U.S. citizens, and children and spouses of permanent residents. These individuals must wait for a visa to become available to them, as there are limited numbers of visas available in these categories, and their visa application to be processed leading to longer waiting times.