Home » Permanent Resident Status » The Family-Based Green Card

Immigration Attorney Gregory P. Sheehan can help you determine your best family based Green Card strategy, using techniques that will save you time and money, while giving you a very high probability of success.  Contact our office today for a free consultation.

Step One.  Determine your relationship to a Qualifying US Relative

If you do not fit in to one of the following categories you will not be able to apply for Permanent Residence (the “Green Card”) through a family member.   The wait times for these categories increases as you move down the list.  The approximate waiting time for an Immigrant Visa time is in parentheses next to each category.

  • Immediate Relative – (No wait for a Visa, about 5 months to process application)
    • The US Citizen is your spouse.
    • You are under 21, unmarried, and the US Citizen is your parent.
    • You are the parent of a US Citizen who is 21 or older.
  • First Preference (6 years except for Mexico (18 years) and Philippines (17 years))
    • You are over 21, unmarried, and the US Citizen is your parent.
  • Second Preference
    • Your spouse is a Permanent Resident (4 years  except for Mexico (6 years))
    • You are under 21, unmarried, and your parent is a Permanent Resident (4 years except for Mexico (6 years))
    • You are over 21, unmarried, and your parent is a Permanent Resident (8 years except for Mexico (18 years) and Philippines (11 years))
  • Third Preference
    • You are married and your parent is a US Citizen.  (8 years except for Mexico (18 years) and Philippines (19 years))
  • Fourth Preference
    • Your brother or sister is over 21 and a US Citizen.  (10 years except for except Mexico (14 years) and Philippines (22 years))

Step Two.   Apply for your Immigrant Visa

This procedure is based on the location of the intending immigrant.  This is a very broad overview of this procedure.

  • Applying from the United States:
    • The US relative will file an I-130 Petition for their alien relative who is in the United States.  Best practice is to complete the rest of the Green Card Application at the same time when the relative has immediate priority, and the following forms are required;
      • I-485, I-864, I-693, G-325A (for the US relative and for each intending immigrant), and a corresponding  G-28 form when you use an Attorney to help you complete your forms.  Additional forms may be filed currently to save US fees.
  • Applying from outside the United States:
    • The US relative will file an I-130 Petition for their alien relative who is not in the United States.
    • When the I-130 is approved by the department of state the intending immigrant has one year to apply for an Immigrant Visa.

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