Family Based Petitions
(Family Members Eligible for Permanent Residency (Green Card))

• A brief description


• Family members eligible for permanent residency


• Explaining the category


• For whom is a family-based petition suitable?


• Application Process


• Approximate time for processing to Approval Notice


• Consulate Processing


• Facts Important to the U.S. Citizen filing for their Fiancé


• Naturalization after permanent residence


• Our assistance for family-based immigration petitions

A brief description:

The family based petitions permit certain aliens to become U.S. permanent residents (“green card” holders) or U.S. citizens through family relations with U.S. green card holders or U.S. citizens. The person filing an immigration petition for his family member is known as the sponsor. The relative for whom the family based petition is filed is called the beneficiary.

Family members eligible for permanent residency:

Family members who fall under the heading of family-based petitions are Marital, Fiancé, Parent-Child, and other relatives of either U.S. citizens or permanent residents. The most common categories and the fastest to receive approval are fiancé petitions and marital petitions.

Explaining the category:

Family based petition categories are mainly encompassed in two main groups:

• The United States Citizen filing for the foreign relative or fiancé; and
• The Permanent Resident filing for the foreign relative.

The U.S. Citizen may file for their fiancé, spouse, parent, children, brother or sister. Processing times will vary depending upon which above-mentioned category in which you are filing.

The permanent resident holder may file for their spouse or children. As mentioned with the U.S. Citizens, the immigrant petitions also vary in processing time depending upon which category you will be filing.

For whom is a Family Based Petition suitable?

If the sponsoring relative is a U.S. Citizen, the following alien relatives may be eligible for a green cad:

• Husband/wife;
• Unmarried child under 21 years old;
• Unmarried son/daughter over 21;
• Married son/daughter of any age; and
• Parents and brother/sister, if the sponsor is 21 or older.

If the petitioner is a green card holder, he/she may sponsor:

• Husband or wife; or
• Unmarried son/daughter of any age.

Application Process:

To become a legal permanent resident based on a familial relationship, an individual must go through a multi-step process.

1. The sponsors must file an immigrant petition (I-130 Petition for Alien Relative) for their relatives with the USCIS formerly INS). The petition must be accompanied by evidence of the relationship.
2. The recipient must wait for an immigrant visa number to become available.
3. After obtaining the visa number, the beneficiary may apply for Adjustment of Status, if he/she is already in the US. But, if the beneficiary is not in the US, then he/ she must go to the US consulate that serve the area in which he/she stays to complete processing. (See Consulate Processing)

The processing step for an immediate family member of U.S. citizen is streamlined. Here, all the paperwork can be filed at the same time. But, all other sponsors must undertake specific steps at certain interval of time.

The filing of a family based petition does not offer the beneficiary lawful status. If the beneficiary desires to wait for a visa number in the United States, he/she must receive a temporary family visa or work visa. Or else, the beneficiary has to wait outside of the USA.

Approximate time for processing to Approval Notice:

This varies, due to preference categories. For example:

• For a US Citizen filing for a fiancé, the approval time would be anywhere from 3 months to 6 months or longer.
• For a U.S. Citizen filing for their spouse, parent or child under age 21, these approvals would probably arrive in about 6 to 12 months or longer.
• For a U.S. Citizen filing for an unmarried son or daughter over the age of 21, this approval would take approximately 5 years or longer.
• For a U.S. Citizen filing for a married son or daughter over age 21, these approvals can take 5 years or longer.
• For a U.S. Citizen filing for their brother or sister, they can expect to wait 7 years or longer.
• For Permanent Residents filing for a spouse or child under the age of 21, these approvals can arrive in 5 years or longer.
• For a Permanent Resident filing for an unmarried son or daughter over the age of 21, these approvals can take 7 years or longer.

The above-mentioned time frames are for receipt of the Approval Notice from Citizenship and Immigration Services. However, these petitions involve several steps. For the Permanent Resident filing for their relative, after the petition is approved, they must wait for their priority date. Depending upon which country the alien is from, the priority dates can add waiting time to these visas, or may not make a difference in waiting time at all.

After the approval is received from Citizenship and Immigration Services, for the U.S. Citizen filing for their fiancé, the National Visa Center processing begins.

National Visa Center Processing:

There are several different things the National Visa Center looks at when processing the family-based green card applications. There are verification checks, background checks, financial checks, etc. After the National Visa Center processing is complete, the National Visa Center will put the petition in a "hold" status until the visa becomes available.

Consulate Processing:

When the visa becomes available, the National Visa Center will send the appropriate consulate office the necessary information. The consulate office will notify the alien of medical exams to be taken and interviews to attend. After the consulate processing has been completed, the alien will obtain their visa and enter the United States. (For further information, see our Consular Processing page)

Facts Important to the U.S. Citizen filing for their Fiancé:

Before filing for the fiancé, the U.S. Citizen must have met and spent time with the fiancé overseas. Requirements for proof of this may include snapshots of the two of you together, airline tickets showing you did, in fact, go meet your fiancé, hotel/motel receipts, etc. Any item that proves that the two of you have met and spent time together will be important to keep for this purpose.

Upon approval of the fiancé visa, the foreign fiancé may enter the United States on their fiancé visa. The condition of the fiancé visa is that the U.S. Citizen and foreign fiancé agree to marry within 90 days after initial entrance into the United States.

After marriage, the U.S. Citizen must file for Permanent Residence Status of the alien fiancé. Upon approval, the foreign fiancé will receive Conditional Permanent Residence Status. This is a two-year status and 90 days prior to expiration of this Conditional Permanent Residence, they U.S. Citizen must file to remove the conditions on the Permanent Residence. Upon approval, the alien becomes a Permanent Resident.

Naturalization after permanent residence:

The foreign fiancé must have been a Permanent Resident from marriage to a U.S. Citizen for three years before they may file for their Naturalization.