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Family green cards

Keep your family together. Start with the truth about your options.

Who this is for

Spouses, parents, children, and siblings.

A family relationship is the most common basis for a green card. A United States citizen can petition for a spouse, an unmarried child under twenty-one, an unmarried son or daughter over twenty-one, a married son or daughter of any age, a parent, or a sibling. A lawful permanent resident can petition for a spouse and for unmarried sons and daughters. The category you fall into decides how soon a case can move, because the government limits how many visas some categories receive each year.

Where the family member lives shapes the path. If they are already in the United States and a visa is available, the case can usually finish inside the country through adjustment of status. If they are abroad, the case moves through the National Visa Center and a consulate interview instead. Both routes end the same way — lawful permanent residence — but they involve different offices, forms, and waits.

Every case starts with the relationship itself. What the government looks for first is proof that the relationship is real, so the evidence you gather matters as much as the forms you file.

Eligibility

Who qualifies, and where cases run into trouble

The general rules below. Your own history can change what they mean for you, which is what a consultation is for.

  • Qualifying relationships

    A citizen petitioner can file for the relationships listed above; a lawful permanent resident petitioner, for a spouse and unmarried sons and daughters. A marriage must be legally valid where it took place, and every earlier marriage of each spouse must have ended — by divorce, annulment, or death.

  • Common disqualifiers

    Time in the United States without status can trigger bars to readmission. Certain criminal convictions carry immigration consequences beyond the case itself. Prior visa violations and misrepresentations follow a person from application to application. Some of these problems have a waiver available; some do not.

  • The conditional two years

    A marriage-based case completed inside the United States grants conditional residence first when the marriage is less than two years old at approval. The couple files together near the second anniversary to remove the condition — a second filing with its own deadline, which people miss when nobody tracks it.

  • Waivers, in general

    Some grounds of inadmissibility can be waived on a showing of hardship to a qualifying relative. Whether a waiver exists in your situation, what it requires, and whether it is worth the risk of filing are case-specific questions — general information on this page cannot answer them.

How the process works

One petition, then the application.

The agency names decide each stage. The general order is below; your own case may differ.

  1. The petition

    A citizen or resident relative files Form I-130 with United States Citizenship and Immigration Services (USCIS), with the proof of the relationship attached.

  2. The wait and the priority date

    Some categories have more petitions than visas in a year. The State Department publishes which categories are current in its monthly visa bulletin, and the case moves when the category is current. We cannot promise how long any case takes; the agency decides.

  3. The green card application

    Inside the United States, the application to adjust status is Form I-485 with USCIS. Abroad, the case moves to the National Visa Center and then to a consulate for Form DS-260 and an interview.

  4. The interview and the decision

    An officer reviews the file and questions the applicant, sometimes both spouses together. An approval, a request for more evidence, or a denial can follow; the agency decides.

Documents

What to gather

Categories, not a checklist for one form — the form instructions govern what a specific filing needs.

  • Identity and civil records

    Passports, birth certificates for everyone in the case, the marriage certificate, and the decree that ends every prior marriage of each spouse.

  • Immigration history

    The record of entries and exits, current or former immigration status, any prior applications and their outcomes, and any notices the agencies have sent.

  • Evidence of a real marriage

    For marriage cases, the record of a life lived together: joint leases or mortgages, shared accounts, correspondence addressed to both spouses, photographs across time, and statements from people who know the couple.

  • Financial support

    The petitioning relative signs an affidavit of support and backs it with tax returns and proof of income, so the government can see the new resident will not need public benefits.

What the process costs

Two fees, two different payers.

Government filing fees are separate from any attorney fee, and they change. The current amounts are published on USCIS.gov. Abhaya Immigration charges a flat fee agreed in writing before work begins; the

fee catalog on abhayaimmigration.com

lists what each service costs. We cannot promise approval or a timeline; the relevant agency decides.

Questions

What people ask most

  • How long does the whole process take?

    It depends on the relationship category, whether the case finishes inside the country or at a consulate, and how busy the office handling it is. USCIS publishes its processing times and the State Department publishes the visa bulletin; both are the honest sources for the current wait. We cannot promise how long any case takes.

  • Can my spouse work while the case is pending?

    An applicant who adjusts status inside the United States can generally apply for an employment authorization document while the green card application is pending. Work authorization for people on other paths differs, which is worth confirming for the specific case.

  • I entered without papers. Can I still get a green card through marriage?

    Entry without inspection complicates adjustment of status: as a general rule, a person who entered without permission cannot complete the process inside the United States, though exceptions exist and some cases run through a consulate with a waiver instead. This is one of the facts that most changes a case — review it with a lawyer before anything is filed.

  • My spouse is a green card holder, not a citizen. Does that matter?

    A resident spouse can petition, but the visa category for spouses of residents has an annual limit, so the wait is usually longer than for spouses of citizens. If the petitioner later naturalizes, the case can move to the citizen category.

  • What happens if USCIS says no?

    A denial comes with its reasons in writing. Depending on why, the options can include asking the agency to reopen or reconsider, appealing, or filing again with better evidence. A denial is not always the end, and it is never a reason to ignore the notices that follow it.

  • Do we both have to go to the interview?

    The applicant always goes. In marriage cases the officer can also ask the petitioning spouse to attend, and can question the spouses together or separately. Which of those happens is the officer's call, not something the applicant chooses.

Start with the free tools

Some answers are already public.

The USCIS case-status page, the processing-times page, and the fee calculator are free and current, and our

free-support hub

explains when each one helps and where to find nonprofit legal help. The information on this page is general, not legal advice about your matter.

Talk through your case with Abhaya Immigration

A first conversation covers who files what, which office decides, and what your case needs. Abhaya Immigration, a Shook Law PC practice, handles family petitions and marriage-based green cards.

Talk to Abhaya Immigration
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