USA

The US Family Based Green Card – Everything You Must Know

One of the most sought-after visas to the USA is the family based green card. This is the quickest way to acquire a green card and migrate to the US as permanent residents.

If you are a citizen or a permanent resident in the USA and you wish to bring your family members to this country, you can petition the US Citizenship and Immigration Services (USCIS) for an immigrant visa.

Similar to the other visas for immigration the family based immigrant visa also has various sub-categories under it. The sub-divisions are based on the relationship between the family member and the sponsor.

Green Card

What Is A Family Based Green Card?

The family based green card refers to a visa for immigration that permits a family member of the sponsor (Who is either a resident or a citizen in the US) to migrate to the US. The family member can be the sponsor’s

Spouse
Parents
Siblings
Children

Distant relatives usually do not qualify. They include:

Cousins
Uncle/Aunt
Grand Parents

Once you get a family based green card you can migrate to the US permanently. This migrant status allows you to enjoy the following benefits.

Get a driver’s license in the US
Live in any state that you wish to
Attend school/college/university in the US
Work for an employer in the US
Travel in and out of this country for the specific periods as permitted under this visa
Apply for a Citizenship if you have been successful in abiding the laws and rules set by the US government and after completing a specific period in the country

Different Types Of USA Family Based Green Cards

The family based immigration visa to obtain a green card in the US has been broadly classified into two. They are

Category for immediate relatives and
Category for family preference

The applications for these categories are considered differently. The procedure for application and the time for processing depend on the relationship between the sponsor and their family member/members.

Sponsor A US Citizen (Immediate Relative Visa)

If the sponsor of the family member is a US citizen one among the following visas can be applied for.

For a spouse- IR-1 Visa
Unmarried children who are below 21 years of age IR-2 Visa
Adopted children who are from other nations- IR-3 Visa
Adopted children living in the US and who is adopted by a Citizen living here IR-4 Visa
Green card for the parents of the sponsor – IR-5 visa

All the above-mentioned visas belong to the Immediate Relatives visa category. There is no annual cap for these visas. The visas applications will be processed without any delay if the applicant has met all the requirements successfully.

Sponsor A Lawful Permanent Resident /Applicant A Distant Relative (Family Preference Visa)

The following visas are granted in the situations where

The sponsor is a permanent resident in the US
The applicant is a distant relative of the sponsor

Visa Types

F-1 Visa – Sons/Daughters who are unmarried and minor children of the sponsor who is a US citizen
F-2 (A) Visa- Spouse and minor children of the sponsor who is a permanent resident in the US
F-2(B) Visa- Adult children of the lawful permanent resident
F-3 Visa- Visa granted to the US citizen’s married children along with their spouses and children who are minor.
F-4 Visa- Visa granted to the US citizen’s siblings and their spouses and minor children. To apply for this visa the US citizen has to be 21 years or more.

Requirements To Get A Family Based Green Card In USA

The requirements for the family based green cards vary since there are different types of visa categories under it. This is based on the status of the sponsor in the US and the relationship to the family member.

However, there are a few requirements that are common to applicants and sponsors. They are the following.

The sponsor must have a valid address in the US.
Their status has to be verified- submit documents that prove their citizenship in the US or their lawful permanent residency.
No criminal records for the applicant
Documents proving their relationship with the sponsor (Spouse, siblings, children)
This can include valid marriage certificates, birth certificates, etc.

Applying For A Family Based Green Card

The process of application varies depending on the Family based immigrant visa category. In general, the proceedings are as follows.

The sponsor (Lawful Permanent Resident/ US citizen) petitions to the USCIS for the family members.
The petition gets approved
The family member applies to the US consulate or the US embassy within their native country

Unless the petition is approved by the US authorities, the family member cannot apply for the family based green card.

How To File A Petition?

Given below are the steps to file for a petition.

Form I-130 is the petition for foreign relatives
The sponsor has to fill all the necessary sections and the petition must be filed with the USCIS
Payment of fees for filing petitions
The petition goes to the Department of Homeland Security
Takes a few months for processing
Once the processing completes the petitioner gets notified
USCIS will give the reasons in case the petition gets denied
If approved the petition goes to the NVC (National Visa Centre)
A package is sent to the applicant in the foreign land
The package contains information and instructions for the visa applicant
Also contains the Invoice number and case number
These numbers are necessary to start the procedure for application at the US consulate/US Embassy in the foreign land

Applying For The Visa

There is no annual cap for the Immediate Relative Visa which means the applicant can start the process in their country without having to wait. However, the applicant has to wait till they reach their turn in the priority list if they’ve applied for a Family Preference Visa. This visa has an annual cap.

The following are the important steps to follow for applying for a family based immigrant visa.

Duly fill the DS-260 form and submit it
The confirmation number that you receive must be attached to the supporting documents
Complete the medical examination and take the necessary vaccines prescribed
Attach the poof along with all the other documents
Attach all the necessary supporting documents
Attend the interview at a US Embassy/ US Consulate within the applicant’s country
Once the visa has been approved they get a visa stamp in their passport
The applicant also receives a package from the NCV
The package must remain unopened and they have to submit the package at the entry point in the US (To the immigration officials)

The Supporting Documents To Be Attached

A valid passport
Affidavit of support from the sponsor in the US
Form I-864 duly signed
Confirmation page after filing Form DS-260
Proof of medical examination and vaccination
Photographs of each applicant- Two US Visa photos each
Police clearance certificates/ No criminal records certificate
Military records for those who have served in the military

Fees

There are various fees involved while applying for a family based immigrant visa.

Fee for filing form I-130
Processing fee for the DS-260 form
Fee for translation of supporting documents
Fee for medical examination and vaccination
USCIS fee for immigrants

Getting A Green Card In The US

Once the applicant has moved and started living in the US with the family based immigrant visa he/she has to complete the following procedure

File form I-485 at the USCIS
Application to adjust status/ register as a permanent resident

The application gets processed and once approved the applicant gets the green card through mail within a few weeks.

Waiting List For Family Based Green Cards To The US – Interesting Statistics

More than four million people from all over the world are currently on the waiting list for family based green cards to the US.

The recent official data states that there are around 2, 27,000 people from India who are either waiting for their green cards or to get an LPR (Legal Permanent Residency) to the US.

USA Family Based Green Cards – Waiting List Statics

Rank	Country	Number Of People In The Waiting List
1	Mexico	1,500,000
2	India	227,000
3	China	180,000

As of November 2019. Source Homeland Security.

The majority of applicants in the family based green card waiting list are siblings of the sponsor living in the US.

The largest number of people who are on the waiting list for family based green cards to the US are from Mexico. There are almost 1.5 million applicants who are on the waiting list from this country.

Mexico is followed by our country India with Two Lakh Twenty Seven Thousand people. China occupies the 3^rd position with almost 1, 80,000 people on the waiting list.

Remember, there could be a maximum limit to the number of visas issued each year. This depends on the category of family based immigrant visa chosen by the applicant.

The visas are processed in the chronological order of the applications received. If there is an annual cap and you’ve failed to apply in time you’ll have to wait for your turn in the following year.