The Ultimate Guide to Applying for a Family-Based Green Card

Are you a foreign national who wants to live permanently in the United States with your family? If so, then you may be eligible to apply for a family-based green card. A green card, also known as a permanent resident card, allows you to live and work in the US permanently. It is a highly sought-after immigration benefit that can provide a path to citizenship for you and your family. In this comprehensive guide, we will walk you through the process of applying for a family-based green card, step by step.

What is a Family-Based Green Card?

A family-based green card is a type of permanent residency that is granted to foreign nationals who have a close family member who is a US citizen or a green card holder. This type of green card is also known as an immediate relative green card and is considered one of the fastest and easiest ways to obtain permanent residency in the US.

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Who is Eligible for a Family-Based Green Card?

To be eligible for a family-based green card, you must have a close family member who is either a US citizen or a green card holder. The following categories of family relationships are eligible for a family-based green card:

  • Spouse of a US citizen
  • Unmarried child under the age of 21 of a US citizen
  • Parent of a US citizen who is at least 21 years old
  • Unmarried child over the age of 21 of a US citizen
  • Married child of a US citizen
  • Sibling of a US citizen who is at least 21 years old
  • Spouse of a green card holder
  • Unmarried child under the age of 21 of a green card holder
  • Unmarried child over the age of 21 of a green card holder

Step 1: Determine Your Eligibility

Before you begin the application process, it is important to determine if you are eligible for a family-based green card. You must meet all the eligibility requirements and have a close family member who is a US citizen or a green card holder. If you are unsure about your eligibility, you can consult with an immigration attorney for guidance.

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Step 2: File Form I-130, Petition for Alien Relative

The first step in the family-based green card application process is to file Form I-130, Petition for Alien Relative. This form is used to establish the relationship between you and your family member who is sponsoring you for a green card. The US citizen or green card holder must file this form on your behalf.

Step 3: Wait for Approval of Form I-130

After filing Form I-130, you will have to wait for it to be approved by the US Citizenship and Immigration Services (USCIS). The processing time for this form can vary, but it typically takes around 5-12 months. Once your petition is approved, you will receive a Notice of Action (Form I-797) in the mail.

Step 4: File Form I-485, Application to Register Permanent Residence or Adjust Status

Once your Form I-130 is approved, you can file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is used to apply for a green card and adjust your status to that of a permanent resident. You must include all the required supporting documents and pay the necessary fees when filing this form.

Step 5: Attend Biometrics Appointment

After filing Form I-485, you will be required to attend a biometrics appointment at a USCIS Application Support Center. At this appointment, your fingerprints, photograph, and signature will be taken for background and security checks.

Step 6: Attend Green Card Interview

If your application is approved, you will be scheduled for a green card interview with a USCIS officer. During this interview, you will be asked questions about your application and your relationship with the sponsoring family member. It is important to prepare for this interview and bring all the necessary documents to support your application.

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Step 7: Receive Your Green Card

If your application is approved, you will receive your green card in the mail. Congratulations, you are now a permanent resident of the United States!

Conclusion

Applying for a family-based green card can be a complex and lengthy process, but it is well worth it to be able to live and work in the US with your family. It is important to follow all the steps and provide all the required documents to ensure a smooth and successful application. If you have any questions or need assistance, do not hesitate to consult with an immigration attorney.

FAQs

Q: How long does it take to get a family-based green card?

A: The processing time for a family-based green card can vary, but it typically takes around 12-18 months.

Q: Can I work while my family-based green card application is pending?

A: If you have a valid work permit, you can work while your application is pending. Otherwise, you will have to wait until your green card is approved.

Q: Can I travel outside the US while my family-based green card application is pending?

A: If you have a valid travel document, you can travel outside the US while your application is pending. Otherwise, you will have to wait until your green card is approved.

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