You’ll want to read this!

U.S. Immigration laws allow U.S. citizens and lawful permanent residents to request legal status for a qualifying family member.

The most common example is when a U.S. citizen marries someone who doesn’t have status. Essentially, the American spouse can pass on their status to their newly beloved, and the two can live happily ever after – inside America.

But husbands and wives aren’t the only ones that can benefit from family petitions. U.S. citizens and green card holders can request their children, step-children, parents, and even siblings. But, the process for a green card will look different.

Family Based Categories

Two categories are recognized under the law:

(1) Immediate relatives; and

(2) Family-sponsored immigrants.

There are very big differences between these two categories. I called these the WHEN and the WHERE.

The When = Wait Time

The WHEN is all about the length of your wait time to get a green card. If you fall within the family-sponsored category, you will most likely have to wait a while, and we’re talking years. Right now, if a U.S. citizen parent requests their adult child, the wait is 7 years.

On the other hand, there is no wait time when your relationship falls under the “immediate relative” category. If a U.S. citizen wife requests her husband, there is no wait time. The visa will be immediately available.

The Where = Location

Another very important difference is WHERE you get your green card. The WHERE refers to whether you can stay inside the U.S. to become a permanent resident or if you have to go back to your native country to get it.

If you fall within a family-sponsored immigrant category, you may have to leave the U.S. and go back to your native country to get your green card. This is where things get complicated. If you have to travel outside of the U.S. to get your green card, it’s best to hire a lawyer.

Ultimately, which category – 1 (immediate relatives) or 2 (family-sponsored) – you and your family member fall into will determine WHEN you get your green card and WHERE you end up getting it.

So, how do you know which category you fall into?

I’m here to tell you.

Immediate Relatives

When a person falls into an “immediate relative” category, a visa is “immediately available” to them, as in like right now. They do not have to wait months or years for that visa to become available.

Expert tip: A Visa based on marriage does not give you a green card. It is only the first step. Once you have that visa, you can file to “adjust your status” if you’re already inside the U.S. If your loved one is outside of the U.S., then you can consular process.

The following are considered immediate relatives:

• Children. U.S. citizen parents and lawful permanent residents can petition for their minor children. For purposes of immigration, a minor child is an unmarried person under the age of twenty-one (not eighteen).
• Spouses (husband or wife). U.S. citizens and green card holders can petition for their spouses. Green card holders can request their spouses, BUT they are not considered immediate relatives.

The WHEN and the WHERE is triggered, and many will have to wait. To determine the exact time, you can check out the Visa Bulletin. Spouses of green card holders fall into the F2A category on the Visa Bulletin.

*C stands for Current. Although there is no wait time for February 2023, this can change next month*

• Parents. A child can request status for their parents. But, unfortunately, they must wait until they are over twenty-one. So, technically, they aren’t a “child” anymore. They’re adult children. Green Card holders cannot request a parent until they have naturalized. Only U.S. citizens can petition for their parents.

Family-sponsored immigrants

These categories involve a wait time because a visa is not “immediately available.” Remember the WHEN and WHERE? This is where those two factors will look different depending on the family preference.

• Spouses of lawful permanent residents.

• Brothers and sisters of U.S. citizens only.

• Unmarried son or daughter of any age. U.S. citizen parents and lawful permanent residents can petition for their unmarried children, despite their age. The WHEN, well – it’s really long for “F1,” and if you’re a native of Mexico or the Philippines, it’s even longer!

Understanding Levels of Preference

The U.S. immigration system is a numbers game. The law sets how many people from each country can legally travel into the U.S.

Much of this depends on the family-relationship status, with preference given to spouses. However, which country a person belongs to also makes a difference. As you can see here, the visa bulletin has different columns and wait times for specific countries.

The U.S. government releases 226,000 family-based immigrant visas each year. Individuals under the immediate visa category do not need to wait for one. The problem comes for those who are not considered immediate family members. They will have to wait until a visa is available. It’s not uncommon for some to wait 10 years!

About the Author

Veronica Cardenas, Esq. is on a mission to help as many people as possible get legal status. She teaches about the immigration process so they can navigate it more confidently by using her 12 years of experience as an immigration prosecutor for the Department of Homeland Security (DHS).