U.S. citizens and lawful permanent residents (Green Card holders) may sponsor certain family members to become permanent residents of the United States through family-based immigrant petitions. Family-based immigration is divided into two main categories: Immediate Relatives and Family Preference categories.

1. Immediate Relatives of U.S. Citizens

The Immediate Relative category applies to close family members of U.S. citizens. There is no annual visa limit in this category, so the process is generally faster.
Eligible beneficiaries include:

• Spouses of U.S. citizens
• Unmarried children under 21 years of age of U.S. citizens
• Parents of U.S. citizens (if the U.S. citizen petitioner is over 21 years old)

2. Family Preference Categories

The Family Preference category covers more distant relatives of U.S. citizens and certain relatives of lawful permanent residents. These categories are subject to annual numerical limits, which means applicants may face waiting periods based on their country of origin and category.
The preference categories include:

• F1: Unmarried sons and daughters (age 21 or older) of U.S. citizens
• F2A: Spouses and unmarried children (under 21) of lawful permanent residents
• F2B: Unmarried sons and daughters (21 or older) of lawful permanent residents
• F3: Married sons and daughters of U.S. citizens
• F4: Brothers and sisters of U.S. citizens (if the U.S. citizen petitioner is over 21)

The Immediate Relative process typically takes much less time than Family Preference petitions, as there is no backlog or visa quota for immediate relatives.

Process of a Family-Based Green Card Petition

1. Filing the Petition (Form I-130):
   The U.S. citizen or lawful permanent resident must file Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS) to establish a qualifying family relationship.
2. Approval and Visa Availability:
   Once USCIS approves the petition, the case is sent to the National Visa Center (NVC) for further processing. Immediate relatives may move forward immediately, while family preference beneficiaries must wait until a visa number becomes available (as shown in the Visa Bulletin).
3. Adjustment of Status or Consular Processing:
   • If the beneficiary is in the United States, they may file Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS once a visa is available.
   • If the beneficiary is outside the United States, they will complete Consular Processing through a U.S. Embassy or Consulate abroad once their visa number becomes available.
4. Concurrent Filing:
   In some cases, particularly for immediate relatives, Form I-130 and Form I-485 may be filed concurrently if the beneficiary is already in the United States and eligible for adjustment of status.

If you wish to sponsor your family members—including your spouse, parents, children, or siblings—for permanent residence, the Law Office of Sudeep K. Sharma is here to help.
Call us at 718-536-9618 for a consultation! Our experienced attorneys will guide you through each step of the process, ensure that all documentation and evidence are properly submitted, and help you prepare for your interview before USCIS or the U.S. Consulate.

If you are willing to sponsor a green card for your family members (spouse, parents, children, or siblings), please call the Law Office of Sudeep K. Sharma at 718-536-9618 for a free consultation and to begin the process. Our dedicated attorneys will help you file timely and accurately with all required evidence to prove your case. We will also help you prepare for your interview process.