For all the talk of reform, gridlock and enforcement, one thing remains true in US immigration policy: family ties still open doors. The family-based green card system continues to be one of the most accessible and powerful routes to lawful permanent residence in the United States. However, accessible doesn’t mean easy.

A family-based green card allows eligible individuals to live and work in the US on a permanent basis, with the option to eventually apply for US citizenship. Applicants should be prepared to contend with long wait times, increasing filing fees, shifting visa backlogs and onerous paperwork demands. The system is steeped in rules that don’t always reflect real family dynamics, and one misstep easily can derail years of effort.

In this guide, we explain how the US family-based immigration process works and what steps you can take to navigate it successfully.

 

Section A: What is a Family-Based Green Card?

 

A family‑based green card is a US immigrant visa that confers lawful permanent residence on foreign nationals who have a close, legally-recognized relationship to a US citizen or lawful permanent resident. Governed by the principle of family reunification, it enables eligible relatives to transition from temporary status to permanent life in the United States.

Permanent residents may live and work anywhere in the country without needing separate work authorization, they can run their own business, enroll in public schools and universities and may often qualify for in‑state tuition. They can travel abroad and return more easily than most visa holders, gain protection under federal and state labor and civil rights laws and accrue credits toward Social Security and Medicare.

After meeting continuous residence and good moral character requirements, they may also apply for US citizenship.

Green card eligibility is determined by the closeness of the familial connection. Immediate relatives of US citizens, including spouses, unmarried children under 21 and parents, are exempt from annual visa quotas, so their cases move forward as soon as paperwork and security checks are complete.

Other applicants fall under the family‑preference categories that face yearly numerical limits: F‑1 for adult unmarried sons and daughters of citizens; F‑2A for spouses and minor children of permanent residents; F‑2B for adult unmarried sons and daughters of permanent residents; F‑3 for married sons and daughters of citizens; and F‑4 for brothers and sisters of adult citizens.

Family-based applications rely on Form I‑130 (Petition for Alien Relative). The petition is filed by the US citizen or lawful permanent resident sponsor to prove the existence of a valid qualifying relationship. Approval of Form I‑130 is the first essential step toward securing a family-based green card, but it does not itself grant immigration status. Instead, it allows the beneficiary to move forward in the process when a visa number becomes available.

Applicants also have to pass medical and security screenings and have a financial sponsor who meets the income thresholds set in the Affidavit of Support.

Applicants should be aware that demand in several preference categories exceeds available numbers, producing backlogs visible in the monthly Visa Bulletin. Nonetheless, the family‑based route remains the most common and attainable path to permanent residence, providing a stable platform for integrating into US society and eventually securing the rights of citizenship.

 

Section B: Types of Family-Based Green Cards

 

The US family-based immigration system allows eligible foreign nationals to become lawful permanent residents (green card holders) through qualifying family relationships. The process is structured around two main categories: Immediate Relatives and Family Preference categories. The distinction between these two groups is important, as it directly impacts how long applicants will wait for a green card.

 

 

Category	Eligible Relationships	Key Notes
Immediate Relatives of U.S. Citizens	Spouse, unmarried child under 21, or parent of a US citizen	No annual limit on visas. Processing is generally faster than preference categories.
IR1 / CR1	Spouse of a US citizen	CR1 applies if the marriage is under 2 years old at time of approval, resulting in a conditional green card.
IR2 / CR2	Unmarried child under 21 of a US citizen	Child may receive conditional or permanent status depending on circumstances.
IR5	Parent of a US citizen	Sponsoring US citizen must be at least 21 years old.
F1 – First Preference	Unmarried adult children (21 or older) of US citizens	Subject to annual visa caps and priority date wait times.
F2A – Second Preference (A)	Spouses and unmarried children under 21 of lawful permanent residents	One of the few preference categories that may have current visa availability.
F2B – Second Preference (B)	Unmarried adult children (21 or older) of lawful permanent residents	Typically faces longer wait times due to visa number limits.
F3 – Third Preference	Married children of US citizens	Applies regardless of the child’s age. Wait times can be lengthy.
F4 – Fourth Preference	Siblings of US citizens	The U.S. citizen must be at least 21 years old. This category often has the longest delays.

 

 

 

1. Immediate Relatives of US citizens

 

Immediate Relatives of US citizens are not subject to annual visa limits, meaning there is no cap on the number of green cards that can be issued each year in this category. As a result, processing tends to move much more quickly for these applicants.

Immediate relatives of US citizens therefore benefit from the most straightforward and expedited route to permanent residence. These categories include:

 

• IR-1: Spouse of a U.S. citizen
• IR-2: Unmarried child (under 21) of a U.S. citizen
• IR-3: Orphan adopted abroad by a U.S. citizen
• IR-4: Orphan to be adopted in the United States by a U.S. citizen
• IR-5: Parent of a U.S. citizen (the sponsoring citizen must be at least 21)

 

As these applicants are not subject to annual caps, once Form I‑130 is approved and the applicant clears the other eligibility requirements (such as medical and security checks), the green card can typically be issued without delay due to visa availability. This exemption from the visa cap makes the Immediate Relative category the fastest option within the family-based system.

Family Preference categories are subject to annual numerical limits, creating backlogs that can delay approval by many years, depending on the category and the applicant’s country of origin.

 

2. Family Preference Categories (F1–F4)

 

The Family Preference categories apply to more distant relatives of US citizens and lawful permanent residents. These are subject to annual numerical limits, and the demand for visas in these categories routinely exceeds the supply, leading to long backlogs.

The categories are:

 

• F1: Unmarried sons and daughters (21 or older) of US 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 US citizens
• F4: Brothers and sisters of adult US citizens (sponsor must be 21 or older)

 

Because of the visa cap, applicants in these groups must wait for a visa number to become available. This is tracked through the Department of State Visa Bulletin, which is updated monthly. The bulletin uses priority dates—the date USCIS receives the I‑130 petition—to determine when applicants can move forward in the process.

The wait times vary dramatically based on the category and the applicant’s country of birth. For example, F2A currently faces minimal delays, while F4 can involve waiting more than a decade. Applicants from countries with high demand, such as Mexico or the Philippines, often face the longest waits.

 

Section C: Family-Based Green Card Eligibility Requirements

 

To qualify for a family-based green card, both the US sponsor and the intending immigrant must meet specific legal and procedural requirements. These requirements fall into several key categories: establishing a qualifying family relationship, passing admissibility checks and demonstrating sufficient financial support.

 

1. Relationship Evidence

 

The US citizen or lawful permanent resident must establish that the family relationship is valid under US immigration law. This is done by filing Form I‑130 (Petition for Alien Relative) along with supporting documentation. The type of evidence depends on the nature of the relationship. For example, a spouse would submit a marriage certificate, photos, joint bank account statements, and other proof of a bona fide marital relationship. A parent-child relationship would require birth certificates and proof of legal custody, if applicable.

 

2. Admissibility Requirements

 

Even with an approved petition, the intending immigrant must be admissible to the United States. Grounds of inadmissibility include certain criminal convictions, immigration violations, communicable diseases, drug abuse and prior deportations. Most applicants must undergo a medical examination by an authorized civil surgeon and provide vaccination records. If a ground of inadmissibility applies, the applicant may need a waiver, which must be approved before the green card can be issued.

 

3. Financial Sponsorship – Form I‑864

 

Every family-based applicant must have a financial sponsor, usually the petitioner, who commits to supporting them financially through Form I‑864, Affidavit of Support. This legally binding document ensures that the immigrant will not become dependent on public benefits. The sponsor must demonstrate that their income is at least 125% of the Federal Poverty Guidelines for their household size.

In cases where the sponsor does not meet the income threshold, a joint sponsor may file a separate I‑864 to share financial responsibility. Both sponsors must be US citizens or lawful permanent residents and must reside in the United States.

 

4. Financial Sponsorship Income Requirement (2025)

 

Below is a general guide to the minimum income needed to sponsor a family-based green card applicant using Form I‑864:

 

Household Size	Minimum Income (125% of Federal Poverty Guidelines)
2 (sponsor + 1 immigrant)	$24,650
3	$31,075
4	$37,500
5	$43,925
Each additional person	+ $6,425

 

Note: These figures are illustrative and should be verified against the latest HHS Poverty Guidelines for the year in which the Affidavit of Support is filed.

Failure in any one area can result in delays, requests for additional evidence, or denial of the case. Applicants and sponsors should prepare thoroughly and consult the latest USCIS guidance or seek legal advice when needed.

 

Section D: Step‑by‑Step Application Process

 

Applications for a family-based green card under either pathway begins with the US sponsor filing Form I‑130 (Petition for Alien Relative), however, the next stage will depend on where the application is being made. Applicants will go through consular processing if they are outside the United States, or adjustment of status if they are lawfully present in the US. Each route involves its own set of forms, procedures, and fees.

 

1. Filing Form I‑130

 

The process begins when the US citizen or lawful permanent resident sponsor submits Form I‑130 to United States Citizenship and Immigration Services (USCIS). I-130 is used to establish the qualifying family relationship between the petitioner and the foreign national beneficiary.

As of 2025, the I‑130 filing fee is $675 by mail or $625 if filed online. Along with the form, sponsors must submit evidence of the relationship, such as marriage or birth certificates and proof of their own US status.

Once USCIS approves the petition, the case moves forward in one of two directions depending on where the beneficiary is located.

 

2. Consular Processing vs. Adjustment of Status

 

Consular processing is used when the applicant is outside the US. After I‑130 approval, the case is forwarded to the National Visa Center (NVC), which collects civil and financial documents. The applicant must complete Form DS‑260 (Immigrant Visa Application) and pay the associated $325 visa fee, followed by a $220 USCIS immigrant fee after visa approval. The applicant will then attend a medical exam and an in-person interview at a US embassy or consulate. If approved, they will receive an immigrant visa to enter the US and will be mailed their green card shortly after arrival.

Adjustment of status is for applicants already lawfully in the US. Once the I‑130 is approved and a visa is available, the applicant files Form I‑485 (Application to Register Permanent Residence or Adjust Status) with USCIS. The standard filing fee for I‑485 is $1,140, plus an $85 biometric fee. Applicants may also file Form I‑765 for a work permit and Form I‑131 for travel authorization, both of which carry separate fees unless bundled with the I‑485 in certain categories. After filing, the applicant attends a biometrics appointment and, in most cases, a USCIS interview before receiving their green card.

 

3. Visa Bulletin & Priority Dates

 

For applicants in family preference categories (F1–F4), visa numbers are subject to annual limits. The US Department of State Visa Bulletin controls when applicants can move forward based on their priority date, which is the date USCIS received the I‑130 petition.

The bulletin contains two charts:

 

• Dates for Filing: Indicates when an applicant can submit the next steps (I‑485 or DS‑260).
• Final Action Dates: Indicates when a green card or visa can actually be issued.

 

For example, if your I‑130 was filed on March 15, 2018, and the Visa Bulletin shows that Final Action Dates for your category and country are current for petitions filed before April 1, 2018, then your case is ready for final processing.

Immediate relatives of US citizens (IR categories) are not subject to visa caps and do not need to track the Visa Bulletin, and they may proceed immediately after I‑130 approval.

 

4. Form I‑485 or DS‑260?

 

The decision between Form I‑485 and Form DS‑260 depends on whether the applicant is in the US or abroad. Form I‑485 is used for adjustment of status if the beneficiary is physically in the US and eligible to adjust. It is filed with USCIS and includes the green card application, medical exam (submitted on Form I‑693), and biometric data collection.

Form DS‑260 is used for consular processing by applicants outside the US. It is submitted online through the CEAC portal. After submitting the form and supporting documents, applicants attend a medical exam and an interview at their local US embassy or consulate.

Both routes require a medical examination by an authorized physician and a biometric appointment (for I‑485) or in-person identity checks at the consulate (for DS‑260). In both cases, approval leads to lawful permanent resident status, either upon entry into the U.S. or through USCIS approval.

 

Section E: How long does a Family-Based Green Card take?

 

The total time it takes to obtain a family-based green card depends on several factors, including the sponsor’s immigration status, the applicant’s visa category and whether the application is processed inside or outside the United States.

The family-based Green Card processing time has two main parts: (1) adjudication of Form I‑130 and, if filed inside the US, Form I‑485; and (2) the wait for a visa number if the category is oversubscribed.

In the fiscal year 2025, the median USCIS I‑130 timeline is about 14.8 months when sponsored by a citizen and 35 months when sponsored by a permanent resident; a concurrently filed family‑based I‑485 adds roughly nine more months for adjustment of status.

For applicants outside the U.S., consular processing begins after the I‑130 is approved and a visa becomes available. The case is then transferred to the National Visa Center (NVC). After the NVC completes document review, the time to schedule and attend an interview at a U.S. consulate generally ranges from 3 to 6 months, depending on the embassy’s workload and the applicant’s country of residence.

For preference applicants, the real bottleneck is the State Department visa queue. As of the July 2025 Visa Bulletin, final‑action backlogs are roughly nine years for F‑1 and F‑2B, three years for most F‑2A cases, fourteen years for F‑3, and seventeen years for F‑4 (even longer for Mexico and the Philippines).

Individual timelines vary by service center workload, consular scheduling, the quality of evidence and changes to visa number allocations. Nonetheless, immediate relatives typically become permanent residents in one to two years, while preference applicants must plan for a multiyear, sometimes multi‑decade, journey.

 

Section F: How much does a Family-Based Green Card Cost?

 

The key application fees for a family-based Green Card include:

 

Application Stage	Fee (USD)	Notes
Form I‑130 (USCIS petition)	$625 (online) / $675 (mail)	Filed by sponsor with USCIS
Form I‑485 (adjustment of status)	$1,140 + $85 biometrics	Single adult applicant
DS‑260 (Immigrant Visa, consular processing)	$325	Paid to Department of State
USCIS Immigrant Fee	$220	Required after visa approval or before US arrival
Medical exam	$200–$500	Estimate; varies by provider
Optional Premium Processing	Not available for I‑130/I‑485	Only for selected form types

 

These rates are subject to change and it is advisable to check the fees at the time of making your application.

 

Section G: Common Application Errors to Avoid

 

When applying for a family-based green card, the smallest of errors or omissions can result in delays, requests for evidence (RFEs) or even denials.

One of the most common reasons Form I‑130 is delayed or denied is failure to provide adequate documentation proving the claimed family relationship. For example, marriage-based petitions must include not just a marriage certificate, but also supporting evidence that the relationship is genuine, such as joint financial records, photos together and statements from family or friends.

Similarly, petitions for children must show a biological or legal parent-child relationship, supported by birth certificates or adoption records. Incomplete submissions often trigger a Request for Evidence or denial.

To avoid this, submit well-organized and credible evidence tailored to the relationship category. Anticipate skepticism, especially in marriage cases, and provide documentation that establishes a shared life, not just a legal tie.

Family-based green card applicants must be financially sponsored using Form I‑864, Affidavit of Support. The sponsor must demonstrate that their income is at least 125% of the Federal Poverty Guidelines. If the sponsor’s income or assets are insufficient, the application may be flagged for public-charge concerns or denied.

To avoid this, confirm income eligibility before filing. If the sponsor’s income falls short, identify a joint sponsor early in the process and prepare their supporting documents in advance.

Applicants are required to submit certified translations of all documents not in English. Failure to provide translations, or submitting illegible or unofficial documents, can result in delays or rejections.

Avoid these issues by carefully reviewing the required documents and submit certified English translations where needed. Ensure copies are legible and complete.

Applicants who have overstayed a visa, worked without authorization, or entered the US unlawfully may face bars to adjustment or may require waivers. These issues are especially complex and often overlooked in early stages of preparation. Be honest and thorough in disclosing immigration history. If you suspect any past violations may impact eligibility, seek legal advice before filing.

In family preference categories, green card eligibility depends on visa availability, which is tracked via the Department of State’s Visa Bulletin. Applicants sometimes assume that once the I‑130 is approved, they can move forward immediately, but this is only true for immediate relatives. Use the Visa Bulletin correctly, learning the difference between “Dates for Filing” and “Final Action Dates.” Know your priority date and track its progress monthly to avoid filing too early or too late.

 

Section H: Green Card Holder Rights & Responsibilities

 

Receiving a family-based green card marks the beginning of life as a lawful permanent resident (LPR) in the United States. While this status offers many important rights, it also comes with ongoing responsibilities which you have to meet, both to maintain your immigration status and eventually qualify for US citizenship.

 

1. Conditional vs. Permanent Green Cards

 

Some green card holders receive what is known as a conditional green card, which is valid for only two years. This typically applies to individuals who obtained permanent residence through a marriage that was less than two years old at the time of approval. To remain in the US legally, these individuals must file Form I‑751, Petition to Remove Conditions on Residence, during the 90-day window before the card expires. If they fail to file or if the petition is denied, they may lose their status and face removal proceedings.

All other family-based green card recipients receive a permanent green card, usually valid for 10 years. While this card must be renewed, the underlying permanent resident status does not expire as long as it is properly maintained.

 

2. Re-entry Permits and Living Abroad

 

Lawful permanent residents are expected to live primarily in the United States. Absences of more than six months may raise questions about whether the individual has abandoned their residency. Absences of 12 months or more will generally result in the green card being considered abandoned unless the individual obtains a re-entry permit before departing. A re-entry permit is valid for up to two years and allows green card holders to travel abroad for extended periods without jeopardizing their status.

If you plan to live outside the US for more than a few months, it is important to consult with an immigration attorney and keep records that demonstrate your intent to maintain ties to the US, such as continued employment, property ownership, or close family relationships in the country.

 

3. Rights of a Green Card Holder

 

Green card holders have the right to live and work permanently in the United States. They can apply for a Social Security number, obtain a driver’s license, enroll in public schools and universities, and qualify for certain federal benefits after meeting eligibility requirements. They are also protected by U.S. labor and civil rights laws.

However, green card holders cannot vote in federal elections, serve on juries in federal court, or apply for U.S. passports. They must also carry proof of their LPR status at all times and are required to update USCIS with any change of address within 10 days of moving.

 

4. Pathways to US Citizenship

 

Lawful permanent residents may apply for US citizenship through naturalization once they meet certain criteria. Most green card holders become eligible after five years of continuous residence. However, spouses of US citizens may apply after three years if they have lived in marital union with the citizen during that time.

Applicants must also demonstrate good moral character, pass English and U.S. civics tests, and meet physical presence and residency requirements. Naturalization is a voluntary process, but it offers important benefits, including the right to vote, protection from deportation, and the ability to sponsor a broader range of family members for immigration.

 

Section I: Summary

 

A family-based green card allows eligible foreign nationals to become lawful permanent residents of the United States through a qualifying relationship with a US citizen or green card holder. It remains one of the most common routes to permanent residence, offering the right to live and work in the US on a long-term basis. Applicants can eventually apply for US citizenship if they meet the residency and eligibility requirements.

While the process is well-established, it carries several risks and practical considerations. Delays are common, especially in preference categories where annual visa caps result in long backlogs. Errors on forms, insufficient relationship evidence, or missing translations can lead to requests for more information or even denials. Sponsors must meet income thresholds to avoid public charge concerns, and applicants with prior immigration violations may face legal hurdles or require waivers.

Applicants must also choose the correct application path, adjustment of status for those already in the US or consular processing for those applying abroad. Each route involves different timelines, procedures and fees. Permanent residents must maintain US ties or risk losing their status when abroad for extended periods.

 

Section J: Need Assistance?

 

Applying for a family-based green card is a major step with life-changing consequences. While many applicants are eligible, even small mistakes can result in delays, denials, or loss of status. The rules are detailed, the forms are unforgiving and every case has unique circumstances that can affect the outcome. Our experienced immigration attorneys can help you avoid costly errors, assess eligibility, prepare strong evidence and respond effectively to any issues that arise during the process. Whether you’re filing from within the US or through a consulate abroad, or if you’re unsure about how to start, have questions about your specific situation, or simply want to get it right the first time, take professional advice to save time, stress and money.

 

Section K: Family-Based Green Card FAQs

 

Who can apply for a family based green card?

Foreign nationals who have a qualifying relationship with a US citizen or lawful permanent resident may apply. This includes spouses, parents, children, and siblings, depending on the immigration status of the sponsor.

 

What is the difference between an immediate relative and a preference category?

Immediate relatives include spouses, unmarried children under 21, and parents of US citizens. They are not subject to annual visa limits. Preference categories cover more distant relatives and are subject to numerical caps, often resulting in long wait times.

 

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

Processing times vary. Immediate relatives typically receive green cards within 1 to 2 years. Preference category applicants may wait several years or even decades, depending on their category and country of origin.

 

Can I work in the US while my green card application is pending?

If you apply from within the US using Form I‑485, you can also apply for a work permit (Form I‑765). If granted, it allows you to work legally while your green card application is processed.

 

What happens if my sponsor does not earn enough to meet the income requirement?

You may use a joint sponsor who agrees to assume financial responsibility. The joint sponsor must be a US citizen or lawful permanent resident and meet the income threshold independently.

 

Do I need a lawyer to apply for a family based green card?

Legal representation is not required, but it is often advisable, especially in complex cases involving immigration violations, criminal history, or long separations.

 

What is a reentry permit and when should I apply for one?

A reentry permit allows permanent residents to travel abroad for extended periods without abandoning their U.S. residency. It should be applied for before leaving the country if the trip is expected to last more than 12 months.

 

What is the difference between a conditional green card and a permanent one?

Conditional green cards are issued to marriage-based applicants if the marriage is under two years old at the time of approval. They are valid for two years and require a joint petition to remove conditions. Permanent green cards are valid for ten years and are renewable.

 

How do I track my place in line for a preference category green card?

You can follow your priority date on the monthly Visa Bulletin published by the U.S. Department of State. The bulletin indicates when applicants in each category and country can proceed with their applications.

 

When can a green card holder apply for US citizenship?

Most permanent residents may apply for naturalization after five years of continuous residence. Spouses of U.S. citizens may be eligible after three years if specific conditions are met.

 

 

Section L: Glossary

 

Term	Definition
Adjustment of Status	The process of applying for a green card from within the US without leaving the country for consular processing.
Affidavit of Support (Form I-864)	A required document showing the sponsor’s ability to financially support the green card applicant.
Biometrics Appointment	A required appointment where the applicant provides fingerprints, a photo, and a signature for background checks.
CEAC Portal	The Consular Electronic Application Center used for submitting documents and completing DS-260 for consular processing.
Consular Processing	The process of applying for a green card through a US embassy or consulate outside the United States.
Conditional Green Card	A two-year green card issued to certain marriage-based applicants, requiring further action to remove conditions.
Final Action Date	The date shown in the Visa Bulletin that determines when a green card can be issued for a preference category case.
Immediate Relative	A spouse, unmarried child under 21, or parent of a US citizen, eligible for green cards without visa number limits.
National Visa Center (NVC)	The agency that processes approved immigrant petitions and prepares cases for consular interviews.
Priority Date	The date USCIS receives the Form I-130, used to determine the applicant’s place in line for a green card.
Reentry Permit	A document that allows a permanent resident to remain outside the US for up to two years without losing status.
Visa Bulletin	A monthly publication by the US Department of State that shows green card wait times for family and employment categories.