Immigration Lawyer for Family-Based Green Cards in Northern Virginia, DC and Maryland

Is a family-based green card right for me?

Foreign nationals have several paths that can lead to a green card, including through employment, as an investor or entrepreneur, by a grant of asylum, or through family relationships with U.S. citizens or permanent residents. Because the U.S. immigration system prioritizes the reunification of close family members, family-based pathways offer many advantages to those who have qualifying relationships.

Requirements for family-based green cards

Adult U.S. citizens can sponsor “immediate relatives” for a green card, which includes their spouses, parents, and unmarried children under the age of 21. Importantly, immediate relatives are not subject to a numerical limit within the overall annual cap of 480,000 immigrant visas, and they may be eligible to adjust their status to permanent residents in the United States despite certain immigration violations, including overstays and unauthorized employment.

Visa numbers for other family relationships are allocated in preference categories, which are subject to annual caps tracked on a monthly basis in the State Department’s Visa Bulletin. First Preference (F-1) includes unmarried sons and daughters of U.S. citizens. In the Second Preference are spouses and minor children of permanent residents (F-2A) and unmarried adult children of permanent residents (F-2B). The Third Preference includes married adult children of U.S. citizens (F-3). In the Fourth Preference are brothers and sisters of U.S. citizens over 21 years of age (F-4). As indicated in the Visa Bulletin, some preference categories are “current,” meaning that immigrant visa numbers are now available, and some require a waiting period that can take from months to many years.

family-based green card process

The family immigration process consists of two parts: The process begins with a petition — generally a Form I-130, Petition for Alien Relative — asking the U.S. government to recognize a qualifying family relationship between a non-citizen and either a U.S. citizen or lawful permanent resident. This is accomplished by submitting documents to establish the identity and the family relationship of the relevant individuals. In the case of marriage, vital records are needed to show that the parties were eligible to marry, did in fact marry, and are living in a bona fide marital relationship.

The second step consists of an application for an immigrant visa or adjustment of status to permanent resident based on the qualifying family relationship. The process differs depending on whether the applicant is in the United States and eligible to adjust status to permanent resident or, alternatively, elects to apply for an immigrant visa outside the United States. Each option has advantages and disadvantages. If an applicant is eligible, the primary advantage of adjusting status in the United States is that he or she need not leave the United States during the application process, may obtain employment authorization, and may be eligible to travel internationally using an Advance Parole travel document. By contrast, consular processing of an immigrant visa may be preferable if the applicant is not immediately eligible to adjust status in the United States, wishes greater flexibility to travel and remain outside the United States during the application process, or prefers comparatively lower application fees.

In cases involving immediate relatives or beneficiaries of preference petitions for whom a visa number is immediately available, a sponsor and an eligible applicant in the United States may file all the paperwork for the alien relative petition, application to adjust status, application for employment authorization, and application for Advance Parole at the same time. Processing times vary and are difficult to predict, but such concurrent filings can simplify and streamline the green card process.

How we help you with Family-based Green Cards:

1. We help you identify your immigration objectives and identify your eligibility for family-based categories.

2. We explain the time lines, costs, deadlines and processes in clear terms.

3. We track of your case with USCIS and respond to all inquires or requests for evidence.

4. We prepare you for interview and, for cases involving adjustment of status to permanent resident in the United States, can accompany you in all interactions with U.S. government officials.