Practice Area
Family-Based Green Cards and Adjustment of Status
A green card — formally known as lawful permanent residence — allows a foreign national to live and work permanently in the United States. Family-based immigration is one of the most common paths to a green card.
Who is this for?
Family-based green cards are available to close relatives of U.S. citizens and lawful permanent residents (green card holders). Immediate relatives of U.S. citizens — spouses, unmarried children under 21, and parents — have the most direct path. Other family members, including adult children and siblings of U.S. citizens, and spouses and children of green card holders, may also qualify but are subject to annual numerical limits.
Basic eligibility requirements
- You have a qualifying family relationship with a U.S. citizen or lawful permanent resident
- The U.S. citizen or green card holder is willing to file a petition on your behalf
- You are admissible to the United States or eligible for a waiver of inadmissibility
- The petitioner meets the income requirements to sponsor you
- If applying from inside the U.S., you entered lawfully and are eligible to adjust status
How the process works, step by step
- 1
File the immigrant petition (Form I-130)
The U.S. citizen or green card holder files a petition with USCIS to establish the qualifying family relationship. This is the first step and does not by itself grant any immigration status.
- 2
Wait for a visa number to become available
Immediate relatives of U.S. citizens do not wait for a visa number — one is always available. Other family categories are subject to annual limits and may require a wait of months or years depending on the category and the applicant's country of birth.
- 3
Apply for a green card
Once a visa number is available, the applicant applies for lawful permanent residence — either through adjustment of status (if already in the U.S.) or through consular processing (if outside the U.S.).
- 4
Attend a biometrics appointment and interview
USCIS will schedule a biometrics appointment to collect fingerprints and photos. An interview is typically required for adjustment of status cases.
- 5
Receive a decision
If approved, the applicant receives their green card. In some cases, the initial green card is valid for two years (conditional residence) and requires a follow-up petition to remove the conditions.
Common questions about family-based green cards
How long does a family-based green card take?
Processing times vary significantly by category and country of birth. Immediate relatives of U.S. citizens are generally processed faster than other family categories. We will give you a realistic estimate at your consultation.
Can I work while my green card application is pending?
Yes. Once you file for adjustment of status, you can apply for a work permit (Employment Authorization Document, or EAD) that allows you to work legally while your case is pending.
What is a conditional green card?
A conditional green card is a two-year green card issued to spouses of U.S. citizens when the marriage is less than two years old at the time of approval. You must file a petition to remove the conditions within the 90 days before the card expires.
What if I entered the U.S. without inspection?
Entering without inspection (crossing the border without going through a port of entry) can create barriers to adjustment of status. Some people may be eligible for a waiver. This is an area where legal advice is especially important.
Ready to Take the Next Step?
Schedule a consultation. The fee is applied toward your legal fees if you retain the firm.