Family-Based Green Cards: Reuniting Loved Ones in the U.S.

A family-based green card allows U.S. citizens and lawful permanent residents to sponsor close relatives for permanent residency in the United States. If you are looking to bring your parents, children, or siblings to live in the U.S., understanding the available pathways and eligibility requirements is crucial.

At Cho Law LLC, we specialize in guiding families through the immigration process, ensuring that applications are accurate, well-documented, and positioned for approval. This guide breaks down the primary family-based green card categories, benefits, and how we can assist you in your journey.

Why Choose the U.S. for Family Reunification?

The U.S. immigration system prioritizes family unity, making it possible for U.S. citizens and lawful permanent residents to sponsor close family members. Bringing loved ones to the U.S. offers numerous benefits, including:

  • The ability to live and work permanently in the U.S.
  • Access to healthcare, education, and employment opportunities
  • A pathway to U.S. citizenship for eligible green card holders
  • Family stability and security for future generations

Let’s explore the different green card options available for your loved ones.

Family-Based Green Card Categories

Immediate Relatives of U.S. Citizens

The immediate relative category is reserved for close family members of U.S. citizens and offers the fastest processing times since no visa backlog exists.

Eligible Family Members:

  • Spouses of U.S. citizens
  • Unmarried children under 21 years old of U.S. citizens
  • Parents of U.S. citizens (if the sponsoring child is at least 21 years old)

Key Benefits:

  • No numerical visa limits, allowing for faster processing
  • Eligible to apply for adjustment of status if in the U.S.
  • Work authorization available while the green card application is pending

Family Preference Categories

For family members who do not qualify as immediate relatives, the family preference system provides opportunities for permanent residency.

First Preference (F1): Unmarried sons and daughters (21 years or older) of U.S. citizens Second Preference (F2A & F2B): Spouses and unmarried children of lawful permanent residents (green card holders) Third Preference (F3):Married sons and daughters of U.S. citizens Fourth Preference (F4): Siblings of U.S. citizens (if the sponsoring citizen is at least 21 years old)

Key Benefits:

  • Provides a clear pathway to permanent residency
  • Family members can live and work in the U.S. after approval
  • Spouses and children may qualify for derivative green cards

Application Process for Family-Based Green Cards

  1. Filing Form I-130 (Petition for Alien Relative):

    The U.S. citizen or permanent resident submits Form I-130 to establish a qualifying family relationship.
    USCIS reviews and processes the petition, and upon approval, it moves to the National Visa Center (NVC) for visa processing.

  2. Priority Date and Visa Bulletin:

    Immediate relatives can proceed immediately, while family preference applicants must wait for their priority date to become current.
    The Visa Bulletin, published monthly by the U.S. Department of State, determines when applicants can move forward with their cases.

  3. Adjustment of Status or Consular Processing:

    If the applicant is in the U.S., they may apply for Adjustment of Status (Form I-485) to obtain a green card without leaving the country.
    If outside the U.S., they will complete consular processing at a U.S. embassy or consulate in their home country.

  4. Green Card Approval & Entry into the U.S.:

    Upon approval, the applicant receives lawful permanent residency and may begin life in the U.S.

How Cho Law LLC Can Help

Navigating the immigration process can be complex, but our experienced legal team is here to assist every step of the way.

Our Services Include:

  • Strategic Planning: We evaluate your case and recommend the best family-based immigration option.
  • Comprehensive Documentation: We ensure all necessary forms and supporting evidence are properly filed.
  • Petition Preparation: We craft persuasive petitions that establish your family’s eligibility for a green card.
  • Legal Representation: We communicate with USCIS, the National Visa Center, and consular offices on your behalf.

Frequently Asked Questions (FAQs)

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

  • Processing times vary based on the category and applicant’s country of origin. Immediate relatives generally have faster processing times than family preference categories.

Q: Can a green card holder sponsor their parents?

  • No, only U.S. citizens can petition for their parents. Green card holders can only sponsor their spouses and unmarried children.

Q: Can my sibling get a green card through me?

  • Yes, but the wait time for sibling-sponsored green cards (F4 category) is often more than 10 years due to visa backlogs.

Q: Can my family members work while waiting for their green card?

  • Certain applicants, such as those adjusting status in the U.S., may apply for work authorization (EAD) while waiting for their green card.

Contact Cho Law LLC Today

Reuniting with your family in the U.S. is an important and emotional journey. Our team at Cho Law LLC is dedicated to making the immigration process as seamless as possible for you and your loved ones.

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