US citizens or lawful permanent residents can help apply for a green card for a family member. The application process is the same for both. You must file an I-130 petition with the US Citizenship and Immigration Services (USCIS). This form proves that you are a US citizen or lawful permanent resident. It also proves the relationship between you and your family member exists. With your I-130, the immigrant family member can then file the I-485 to apply for lawful permanent resident status.

Costs of applying

There are many fees when applying for a green card. They change often. Here is a list of common fees:

• Form filing fees
• Fees for fingerprinting or other security clearance costs
• The medical exam which expires after one year

There are no fee waivers available for:

• The family based petition,
• The application for adjustment of status, or
• Consular processing based on a family petition.

In addition to paying the required fees, you will be required to submit an Affidavit of Support. This shows that your household income is higher than the poverty guidelines. In some cases, you can use another sponsor to meet the income requirement. You will not usually be able to count your relative’s income unless they are legally working in the US. But you may be able to count the value of the property that you own.

You will be required to file an Affidavit of Support for adjustment of status or consular processing. 

How to apply

The process is different for US citizens and residents.

Green card for a family member of a US citizen

Follow these instructions if you are applying for an "immediate relative," which includes:

• A parent,
• A spouse, or
• An unmarried child under the age of 21.

Follow these instructions if you are applying for a "family member," which includes:

• An unmarried child over the age of 21,
• A married child, or
• A sibling over the age of 21.

Green card for a family member of a US resident

Follow these instructions if you are a permanent resident applying for a spouse or unmarried child (any age).

Green card for special family categories

Follow these instructions if you are applying for:

• A spouse who has been abused,
• A fiancée, or
• A widow of a citizen.

Length of time for getting a green card

The time it takes to get a green card depends on:

• Whether the sponsoring family member is a US citizen or lawful permanent resident;
• The qualifying relationship; and
• What country the person pursuing the green card is from.

Family members who are not immediate relatives of a US citizen may have to wait longer. They must wait for a visa to become available after their I-130 petition is approved.

Immediate relatives are not placed on the waiting list, and there is no availability limit for visas for immediate relatives. They may be able to apply for their green card at the same time as the visa petition is filed.

Immediate relatives include:

• Parents of US citizens (the US citizen must be 21 or over),
• Spouse of a US citizen, and
• Unmarried children under 21 of US citizens.

All other relatives are placed in one of the following preference categories:

• 1st: unmarried children of a US citizen over the age of 21
• 2A: the spouse or unmarried children under the age of 21 of a lawful permanent resident
• 2B: the unmarried sons and daughters over the age of 21 of a lawful permanent resident
• 3rd: the married sons and daughters of a US citizen
• 4th: the sibling of a US citizen over the age of 21

These age restrictions on preference categories are why a child’s age matters. Here is information about what happens if a child turns 21 before they receive a green card.

How to read the Visa Bulletin

The Visa Bulletin is issued by the U.S. State Department and says which green card applications can move forward, based on when the I-130 was filed.

For immediate relatives, since visas are available with no wait time, there is no need to read the Visa Bulletin or wait after completing the I-130. If you are applying based on another family relationship, the Visa Bulletin will tell you when the visa is ready.

The Department of State publishes two sets of dates on the Visa Bulletin. One is when a visa is available (final action date). The other is when applications can be submitted (date for filing).

The submission date allows some applicants to obtain work and travel authorization earlier. They can get it earlier than the date when a visa is actually available.

Each month, the Department of State publishes a Visa Bulletin that lists the current priority dates for each category by country. You can check the Visa Bulletin for your family member. Find the family chart and the preference category for the family member you are applying for.

• If your family member is immigrating from one of the countries listed at the top of the chart, find the priority date below that matches the preference category for your family member.
• If your family member is not from one of the countries listed at the top, use the dates in the All Chargeability Areas Except Those Listed categories.
• If your priority date on the I-130 receipt is before the date listed in the Visa Bulletin, there is a visa available for your family member.
• If your priority date in the I-130 receipt is on or after the listed date, there is not yet a visa available for your family member.

The dates listed on the Visa Bulletin depend on the number of applications received. It is not a set time period. For example, if on September 1, 2012, the priority date listed for your category is September 1, 2016, then that does not mean that a visa will be available in 4 years. For many months, the date on the Visa Bulletin will not change or only change a few days. It may also move backward.

Your relative’s country matters

Each country is only allowed a certain number of visas per year. There are longer backlogs for countries with many visa petitions, like China, India, Mexico, and the Philippines.

Current wait times can range anywhere from 2 to 24 years depending on:

• Your relative’s country of origin,
• Your status in the US, and
• The type of family relationship the petition is based on.

Checking the status of your application

You can check the status of your pending visa petition on the USCIS website, or by calling (800) 375-5283. Your I-130 petition filing receipt will show your priority date. This is usually the date the petition was filed and received by USCIS. Once your visa petition is approved, your relative can apply for their green card once the priority date is “current.”

My visa petition was approved. What now?

Once the I-130 Petition is approved, non-immediate family members will have to wait for a visa. The I-130 filing receipt will include a “priority date.” Once the priority date becomes “current,” your relative will be able to apply for a green card. Check the Visa Bulletin to see whether your priority date is current. If your family member is an immediate relative of a US citizen, a visa will be automatically available. The process will go forward once the I-130 is approved.

After the visa petition is approved and a visa becomes available, the family member can file an application to adjust their status. They ask to be a lawful permanent resident if inside the US. They begin consular processing if they are abroad.

If the beneficiary is in the US, and is eligible to apply for a green card here, they must file an I-485 application with USCIS. Depending on the relationship, you and your family member must later attend an interview with a USCIS officer.

If the beneficiary is outside the US, they must go through consular processing. They will need to file forms with the National Visa Center. They will need to attend an interview with a consular officer.

Talk to a [no-lexicon]lawyer[/no-lexicon]

Talk to an immigration lawyer before filing the I-485 application or leaving the country for consular processing. This will help make sure your family member is eligible to apply for lawful permanent residence. Someone who files the I-485 application or leaves the US for consular processing will be at risk for deportation. They may not be able to come back if they were not actually eligible to apply.