Green Card Application Process for Family Members

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If you are a green card holder (and are a permanent resident), you may petition for Green Cards for Family members to immigrate to the United States as permanent residents as well.

The Following Family Members Can Be Petitioned For:

1. Spouse (Wife or Husband)
2. Children under the age of 21 who are Unmarried
3. Sons or Daughters any age who are Unmarried

Family Members of Green Card Holders (Permanent Residents)

You must follow these steps in order to obtain a green card for your family member:

1. File the Form I-130, Petition for Alien Relative
2. Provide proof of your status to verify that you are a permanent resident.
3. Submit evidence of your relationship with the family member you are petitioning for such as a marriage certificate, birth certificate, divorce decree, etc.
4. Any further instructions that might apply to specific documents that you may be required to obtain or file.
5. Submit proof of any legal name change(s) for you or your family member you are petitioning for.

See the instructions for Form I-130, Petition for Alien Relative, for detailed instructions.

If you or a family member is serving in the U.S. military, special conditions may apply to your situation. For more information about applying for a Green Card for a family member in the U.S. Military, please visit the US Citizenship & Immigration Site for more details.

Preference Categories

There are some preference categories that apply when petitioning for your relative which include:

1. First preference: Unmarried, adult sons and daughters of U.S. citizens. (Adult means 21 or older)
2. Second Preference (2A): Spouses of green card holders, unmarried children (under 21) of permanent residents
3. Second Preference (2B): Unmarried adult sons and daughters of permanent residents
4. Third Preference: Married sons and daughters (any age) of U.S. citizens
5. Fourth Preference: Brothers and sisters of adult U.S. citizens

A visa becomes available to a preference category according to the priority date (the date the I-130 form was properly filed). For more information on priority dates, visit the US Citizenship & Immigration Services site.

What happens next?

1. If the relative you are petitioning for is already in the United States legally, they may apply to adjust their status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status.
2. If the relative you are petitioning for lives outside of the United States, your petition will be sent to the National Visa Center (NVC) where they will forward your petition to the appropriate U.S. consulate when a visa becomes available. When this happens, your relative will be notified and given instructions about how to proceed with Consular Processing.
3. Your family member’s preference category will determine how long they will have to wait for an immigrant visa number. Once you have filed a petition, you can check its progress at the US Citizenship & Immigration Services site here. You can also check for visa availability information here.

Note: A I-130 visa petitioning form is only used to demonstrate a qualifying relationship with the relative you are petitioning for. An approved petition DOES NOT grant any benefit except to create a place in line for visa processing. Our San Diego Green Card Lawyers can help guide you through the Green Card Application Process and help you apply for the correct green card to match your needs and your situation.