Persons with a US green card or US citizenship can apply for a US green card for their close family members, as listed below.
Immediate Relatives of US Citizens: US citizens can sponsor a spouse, minor children (under 21 years of age), and parents for US green cards (Immigrant Visa). No numerical limitation exists for this category. See below for a discussion on processing options.
Adult Children of US Citizens: US citizens can sponsor adult sons and daughters (over 21 years of age) for US green cards (Immigrant Visa). However, there is a significant backlog in the priority date for this category. A priority date is the date an Alien Relative petition (see below) is filed. It can be several years, due to the high demand for these Visas, from the time that an Immigrant Relative petition is filed, until it is approved. See below for a discussion on processing options. If a foreign national has been in the US without status for more than six months, a family based green card is generally not available.
Brother and Sisters of US Citizens: A foreign national brother or sister may be sponsored by a US Citizen, but the wait time can be twelve years or more. During that waiting time, there is no US work or travel authorization permitted. If a foreign national has been in the US without status for more than six months, a family based green card is generally not available.
Relatives of Green Card Holders: US green card holders (also called resident aliens, permanent residents, etc.) can sponsor a spouse, minor children (under 21 years of age), and adult sons and daughters (over 21 years of age) for US green cards. However, there is a significant backlog in the priority dates for these categories. A priority date is the date an Alien Relative petition (see below) is filed. It can be several years, due to the high demand for these Visas, from the time that an Alien Relative petition is filed, until the green card is finally approved. See below for a discussion on processing options. If a foreign national has been in the US without status for more than six months, a family based green card is generally not available.
Below is a description of the processing options.
Step 1. Immigrant Relative Petition:
An Alien Relative petition must be filed for ALL family-based green card cases. The petition is usually filed at a USCIS Regional Service Center. When the petition is received a priority date is established. The petitions for Immediate Relatives of US citizens (not adult sons or daughters) are not subject to the priority date restrictions. Step 2 cannot be filed until the priority date is approved (see our website for more on priority dates).
Step 2. Immigrant Visa Application:
The Immigrant Visa application is the final stage in the family-based green card process. Applicants may select either Adjustment of Status or Consular Processing as the mechanism to complete the process.
A) Adjustment of Status: Generally, foreign nationals who are currently residing and physically present in the US in lawful status may apply for Adjustment of Status (AOS). The AOS application is filed at the USCIS Missouri Service Center (also called the National Benefits Center). Immediate relatives of US citizens can file the Alien Relative petition concurrently with the AOS application. These concurrent filings allow for work and international travel authorization while they are pending, and help reduce processing times. Generally, all family members must have legal US status to apply for Adjustment of Status, unless they are an “immediate relative” described above.
B) Consular Processing: Consular Processing is an alternate way to complete the green card process, after the Alien Relative petition is approved. A personal interview is required of each foreign national at the appropriate US consulate outside the US. No interim work or travel authorization for the US is provided while this remains pending, unless the family member has an independent Visa to come to the US (K-3, L-1, H-1B, etc.). Moreover, given the need to prove the temporary nature of the travel to the US on a Visitor or Student Visa (B-2, J-1, TN or F-1), family members may be stopped from entering the US in one of these statuses, while this process is pending. NOTE: The sponsoring US citizen or green card holder MUST be "domiciled" in the US in order to complete this process.