Family is what keeps us whole. That’s why being separated from your family is always incredibly stressful and disheartening. With a family green card, you can reunite with your loved ones in the U.S.
We understand how important family is. If you’re separated from your loved ones, the distance can be heartbreaking. The good news is that a family green card can help bridge that gap, making it possible for your spouse, children, parents, or siblings to join you in the U.S. permanently.
At Naya Law Group, PC, we know that a family green card isn’t just paperwork—it’s the key to reuniting with those who matter most. We know how much this means to you, and we’re here to help make it happen.
At our firm, we approach every case with empathy because we genuinely care about our clients. Our family green cards lawyer in San Jose will be there to assist you with filing the right paperwork, preparing for interviews, and handling any complications along the way.
Interested in pursuing a family-sponsored green card or want to learn more? Don’t hesitate to call 650-499-5187 or fill out this contact form to schedule a consultation.
Understanding Family-Based Green Cards
A family green card allows U.S. citizens and permanent residents to bring their close family members to live with them in the United States. It’s a way to reunite families, giving them the opportunity to build their lives together in the U.S.
The process involves meeting certain eligibility requirements and going through several application steps. But, once granted, it provides permanent residency for the sponsored family members.
In recent years, family-based green cards have continued to play a significant role in U.S. immigration. According to the U.S. Department of State, over 4 million applicants were on the family-sponsored immigrant visa waiting list as of the end of 2023.
Countries like Mexico, the Philippines, and India have the highest numbers of family visa applicants. The U.S. Citizenship and Immigration Services (USCIS) data indicates that family-based immigration accounts for a large portion of all green cards issued annually.
Types of Family Green Cards and Eligibility Criteria
To qualify for a family green card, there are two main categories: immediate relatives and family preference categories. Below is a breakdown of the types of family green cards and the eligibility criteria for each.
1. Immediate Relative Green Cards
These are available to close family members of U.S. citizens and are not subject to annual numerical limits, making them quicker to process. Eligible family members include:
- Spouses of U.S. citizens
- Unmarried children under 21 of U.S. citizens
- Parents of U.S. citizens (if the sponsoring citizen is over 21)
Immediate relatives do not have to wait in line for visa availability, which makes this category the fastest route to obtaining a family-based green card.
2. Family Preference Green Cards
For more distant relatives, U.S. immigration law uses a preference system, which is subject to annual caps. The eligible relatives in this category are:
- First Preference (F1): For unmarried sons and daughters (21 years or older) of U.S. citizens.
- Second Preference (F2A): For spouses and unmarried children (under 21) of U.S. permanent residents.
- Second Preference (F2B): For unmarried sons and daughters (21 years or older) of U.S. permanent residents.
- Third Preference (F3): For married sons and daughters of U.S. citizens.
- Fourth Preference (F4): For brothers and sisters of U.S. citizens (if the U.S. citizen is at least 21 years old).
Each preference category has a limited number of visas available each year, which means applicants may face longer waiting times, especially for relatives from countries with high demand, such as Mexico or the Philippines.
Which Type of Family Green Card Is Right for You?
It all depends on your relationship with the U.S. citizen or green card holder sponsoring you. Immediate relatives have an advantage because there’s no visa cap, but family preference green cards are available for a broader range of family members.
Understanding which type you qualify for will help determine how long the process might take and what steps are involved.
Navigating the application process can be tricky, especially with family-based green card wait time and documentation requirements. Having a lawyer to guide you through the process can ensure you meet all the criteria and avoid delays.
If you’re unsure about your eligibility, speak with our family green cards lawyer in San Jose to discuss your specific circumstances. Our team at Naya Law Group, PC, can help determine which category you may fall under and advise you of the best course of action to pursue.
How to Apply for a Family-Based Green Card?
Applying for a family green card might seem like a big process, but don’t worry—it’s less intimidating when you dissect the process step by step. If you’re a U.S. citizen or permanent resident looking to bring your loved ones to live in the U.S., you’ll need to go through a series of steps:
1. Submit Form I-130 to USCIS
The first step is for the U.S. citizen or permanent resident (the petitioner) to file Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS).
This form is essential because it establishes the family relationship between you and the relative you are sponsoring for a green card. Along with the form, you’ll need to provide proof of your relationship, such as marriage certificates, birth certificates, or other documents that show your family connection.
2. Wait for Petition Approval
Once you’ve submitted Form I-130, USCIS will review your petition. If everything checks out and your relationship is confirmed, they will approve the petition. Processing times vary depending on the relationship and the country your relative is from, especially for family preference categories, which may take longer due to visa limits.
3. Visa Availability and Priority Dates
If you are applying under the family preference categories (such as siblings or adult children), you’ll need to wait for a visa number to become available. Your petition will be given a priority date, which determines your place in line for a visa. You can track this date through the Visa Bulletin released by the U.S. Department of State.
4. Apply for a Green Card (Form I-485 or Consular Processing)
Once the I-130 is approved and a visa becomes available, the next step depends on whether your relative is already in the U.S. or abroad:
- In the U.S.: Your relative can apply for a green card through Form I-485 (Application to Register Permanent Residence or Adjust Status). This process allows them to adjust their status from a temporary visa holder to a permanent resident.
- Outside the U.S.: If your relative is abroad, they will need to go through consular processing. This means they’ll apply for an immigrant visa at a U.S. embassy or consulate in their home country. Once approved, they can enter the U.S. as a permanent resident.
5. Attend the Green Card Interview
As part of the process, your relative will be required to attend an interview, either at a USCIS office (for those adjusting status in the U.S.) or at a U.S. embassy or consulate (for those going through consular processing). During this interview, an immigration officer will verify the relationship and ask questions to ensure everything is in order.
6. Receive Your Green Card
If everything is approved, your family member will receive their green card. If they are in the U.S., they’ll receive it by mail. If they’re abroad, they will receive an immigrant visa, which allows them to travel to the U.S. and receive their green card shortly after arrival into the U.S.
7. Follow Up (If Needed)
Sometimes there may be additional steps if complications arise, such as requests for more evidence. It’s important to respond to these quickly to avoid delays. In addition, your relative may need to apply to remove conditions if they are receiving a conditional green card (e.g., based on a marriage that’s less than two years old).
Why Hire a Family Green Card Lawyer?
When sponsoring a loved one in a family-based immigration petition, you may think to yourself, “Can I handle this process myself or do I need legal counsel?”
While it’s up to you (and you alone) to make that decision, you might want to review some of the benefits of hiring a family-based green card lawyer:
- Guidance you can trust: Immigration law isn’t just about statutes and regulations. It’s about people and their unique circumstances. A lawyer will learn about your story and develop a tailored strategy to ensure you’re taking the right steps.
- Error-free paperwork: One small mistake on a form can cause delays or even rejection of your application. A lawyer will help complete all the forms correctly, ensure you provide the necessary supporting documents, and help you submit your paperwork on time.
- Avoid long delays: Lawyers are familiar with the U.S. immigration system and can help navigate the complicated process, reducing unnecessary delays by making sure your application is complete and accurate from the start.
- Prevent and manage complications: If you’ve faced any challenges—like previous visa denials, criminal history, or issues proving your relationship—a lawyer will know how to handle these situations and improve your chances of success.
- Interview preparation: A lawyer can help prepare you and your family member for the green card interview, ensuring you know what to expect and are ready to answer any questions with confidence.
- Reduce stress: The process involves a lot of forms, deadlines, and sometimes interviews. A lawyer can handle the details for you, so you can focus on what matters—reuniting with your family and planning your life together.
By hiring Naya Law Group, PC, you can enjoy all of the above-mentioned benefits and beyond. When you work with our team, you can count on our commitment to giving you the best chance of bringing your loved ones to the U.S. without unnecessary hurdles.
At Naya Law Group, PC, we firmly believe that each client has their own story to tell. That’s why we will take the time to listen to your story and understand your needs to craft a personalized strategy for you.
Give us a call at 650-499-5187 or visit our contact us page to schedule a confidential consultation with our family green cards lawyer in San Jose.
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