Family-Based Visa Process: How to Sponsor a Relative for a U.S. Green Card
Family-based immigration is one of the most common ways individuals obtain lawful permanent residence in the United States. U.S. citizens and lawful permanent residents (green card holders) may be able to sponsor certain family members for a green card, but the process, timelines, and requirements vary depending on the relationship and immigration category.
This guide provides a clear overview of the family-based visa process, what to expect at each stage, and common issues that can arise.
What Is a Family-Based Visa?
A family-based visa allows eligible family members of U.S. citizens or lawful permanent residents to immigrate to the United States and become permanent residents. The process begins with a qualifying family relationship and an approved immigrant petition filed with U.S. Citizenship and Immigration Services (USCIS).
Family-Based Immigration Categories
Family-based visas fall into two main groups: immediate relatives and family preference categories.
Immediate Relatives of U.S. Citizens
Immediate relatives are not subject to annual visa limits, which generally makes the process faster.
Immediate relatives include:
Spouse of a U.S. citizen
Unmarried child under age 21 of a U.S. citizen
Parent of a U.S. citizen (petitioner must be at least 21 years old)
Family Preference Categories
These categories are subject to annual caps and often involve long wait times.
Family preference visas include:
F1: Unmarried adult children of U.S. citizens
F2A: Spouses and unmarried children under 21 of green card holders
F2B: Unmarried adult children of green card holders
F3: Married children of U.S. citizens
F4: Siblings of U.S. citizens
Visa availability depends on the category and the beneficiary’s country of origin.
Step 1: Filing the I-130 Petition
The family-based immigration process begins when the U.S. citizen or lawful permanent resident files Form I-130, Petition for Alien Relative, with USCIS.
The purpose of the I-130 is to prove that a qualifying family relationship exists. Supporting documents typically include:
Proof of the petitioner’s U.S. citizenship or permanent residence
Birth certificates, marriage certificates, or adoption records
Evidence of a real and ongoing marriage in spousal cases
Once approved, the I-130 establishes a priority date, which determines when the beneficiary may move forward if a visa is subject to quotas.
Step 2: Waiting for Visa Availability
Immediate relatives of U.S. citizens may proceed immediately after I-130 approval.
Applicants in family preference categories must wait until a visa number becomes available according to the U.S. Department of State Visa Bulletin. Wait times can range from several months to many years, depending on the category and country of chargeability.
Step 3: Adjustment of Status or Consular Processing
The next step depends on where the beneficiary is located.
Adjustment of Status (Inside the U.S.)
If the beneficiary is physically present in the United States and eligible, they may apply for a green card through Adjustment of Status by filing Form I-485 with USCIS.
Consular Processing (Outside the U.S.)
If the beneficiary is outside the United States, the case is processed through a U.S. embassy or consulate abroad. This process involves submitting documents, completing a medical exam, and attending an immigrant visa interview.
Step 4: Affidavit of Support and Background Checks
Most family-based green card cases require the sponsoring family member to submit Form I-864, Affidavit of Support, showing sufficient income or assets to support the immigrant.
Applicants must also complete:
Biometric screening
Background and security checks
A medical examination by an authorized physician
Step 5: Interview and Green Card Approval
USCIS or a consular officer will conduct an interview to confirm eligibility and review the authenticity of the family relationship. In marriage-based cases, officers often focus on whether the marriage is bona fide.
If approved:
Adjustment of status applicants receive a green card in the mail
Consular applicants receive an immigrant visa and become permanent residents upon entering the United States
Common Issues in Family-Based Immigration Cases
Family-based visa cases can become complicated due to:
Missing or inconsistent documentation
Prior immigration violations
Criminal history
Financial sponsorship issues
Allegations of fraud or misrepresentation
Errors can lead to significant delays or denials, making careful preparation essential.
Why Work With an Immigration Attorney?
An experienced immigration attorney can help ensure that applications are accurate, complete, and strategically prepared. Legal guidance is especially important in cases involving prior immigration issues, complex family relationships, or tight deadlines.
Get Help With a Family-Based Visa
If you are sponsoring a family member for a green card or have questions about the family-based visa process, professional guidance can help you avoid delays and costly mistakes.
Schedule a consultation to discuss your family-based immigration options and get clear, personalized guidance.
