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What is the Family Residency / Green Card process in the U.S.?
This is the process by which U.S. citizens and permanent residents can request that permanent residency be granted for their immediate family members (spouses, parents, children, brothers and sisters), given they can demonstrate that they can financially support them in the U.S.
What family members are eligible to obtain Residency in the U.S. and how long are the estimated wait periods for a Green Card?
There are two categories of family immigration petitions: relatives of U.S. citizens and relatives of legal permanent residents:
U.S. Residency for relatives of U.S. citizens
U.S. citizens may file family based immigration petitions for U.S. residency on behalf of the following family members:
Note: The processing times estimated here are for applications filed with USCIS and they are subject to change depending on the processing center handling your application. You may ask our Boston immigration attorneys to give you an up to date estimate at your consultation appointment (schedule your immigration legal consultation today!). Consular Processing may require additional waiting time and procedures.
- Residency for spouse of U.S. citizen: 1.5 to 5.5 years processing time (however, work permit and travel authorization is granted within 6-12 months from filing of the applications if eligible for adjustment of status in the U.S.);
- U.S. Green Card / Residency for parent of U.S. Citizen: 1.5 to 5.5 years processing time (however, work permit and travel authorization is granted within 6-12 months from filing of the applications if eligible for adjustment of status in the U.S.);
- Green Card for unmarried children of U.S. citizens under 21 years of age (including step children): 1.5 to 5.5 years processing time (however, work permit and travel authorization is granted within 6-12 months from filing for work authorization if eligible for adjustment of status in the U.S.). Children under 18 years old at the time the Legal Permanent Resident status is granted may be eligible for automatic U.S. citizenship.
- U.S. Residency / Green Card for children over 21 years of age of U.S. citizens (including step children): 4.3 to 11.2 years processing time for I-130 petition and an additional “waiting” period to apply for the Green Card as noted in the U.S. Visa Bulletin (generally 8-10 years from the date the I-130 petition is filed
- U.S. Residency / Green Card for married children of U.S. citizens (including step children): 4-15 years processing time for I-130 petition and an additional “waiting” period to apply for the Green Card as noted in the U.S. Visa Bulletin (generally 13-14 years from the date the I-130 petition is filed)
- U.S. Residency / Green Card for siblings (brothers and sisters) of U.S citizens: 6-13 years processing time for the I-130 petition and an additional “waiting” period to apply for the Green Card as noted in the U.S. Visa Bulletin (generally 17+ years from the date the I-130 petition is filed)
Residency (Green Card) for Relatives of U.S. Legal Permanent Residents
U.S. Legal Permanent Residents may file family based residency immigration petitions on behalf of the following family members:
Note: The processing times listed here apply to applications filed with USCIS and may vary depending on the service center handling your case. Our immigration attorneys can provide the most up-to-date timeline during your consultation appointment (schedule your consultation with one of our Boston Immigration Lawyers today!). Please note that Consular Processing may involve additional procedures and waiting periods.
- Green Card / U.S. Residency for spouse of U.S. citizen: 4.5 to 8.5 years processing time for I-130, and currently there is no additional “wait” period to apply for the Green Card, according to the December 2025 Visa Bulletin.
- U.S. Residency / Green Card for unmarried child of U.S. resident under 21 (including step children): 4.5 to 8.5 years processing time for I-130, and currently there is no additional “wait” period to apply for the Green Card, according to the December 2025 Visa Bulletin.
- Green Card / U.S. Residency unmarried child of U.S. resident over 21 (including step children): 4-13years processing time for the I-130 and 8-9 years “wait” time, to apply for the residency according to the December 2025 Visa Bulletin.
**The estimated wait times are based on the dates published on the USCIS Processing Times page which are subject to change depending on the location and volume of cases handled by a particular U.S. Immigration Service center, and the December 2025 U.S. Visa Bulletin. U.S. Residency/Green Card Petitions for immigrants from certain countries, i.e. China, India, Mexico and the Philippines generally take longer than the estimated times above (see Visa Bulletin for those estimates). Our family immigration lawyers can help you to determine if you are eligible to apply for a U.S. Green Card for a family member and how long you can expect it to take. Call our office to schedule a consultation today at: 617-303-2600 (ext.0) or request one online.
How do I determine what family residency visa category I qualify for?
The visa category is determined by four characteristics. First, the immigration status of the petitioner resident or citizen, second, the family relationship, third, the age of the beneficiary or foreigner, and fourth, the marital status of the beneficiary. The categories are defined, according to these characteristics in the visa bulletin.
If I have a child who is a U.S. citizen, can I obtain legal status in the U.S.?
If your child is a U.S. citizen, you can obtain legal status in the U.S. under two circumstances: 1). If you came into the U.S. with a visa and your child is over the age of 21 with the ability to support you, your child can file a residency petition for you. If you did not enter the U.S. with a visa, you may be eligible for a waiver (or pardon) that may allow you to adjust to legal status, or you may also adjust status if you are 245(i) eligible (see explanation below of who is 245(i) eligible); and 2). If you have been in the U.S. for 10 years and you can demonstrate that your child of any age will suffer an exceptional and extremely unusual hardship if you are removed to your native country, you may file for cancellation of removal or (what is commonly known as the 10 year Law).
What is the duration of a family U.S. Residency / Green Card?
Once a spouse’s legal permanent residency (Green Card) is approved, it remains valid as long as the person continues to live primarily in the United States and follows the requirements for maintaining permanent resident status.
Renewability of a family Green Card
Your legal permanent resident status does not expire as long as you continue to meet the eligibility requirements listed in your original residency application. However, your physical green card, which serves as proof of your permanent residency, must be renewed every 10 years. It is best to apply for renewal about six months before the card’s expiration date.
Family Benefits of a U.S. Residency
The immediate family of the applicant may be eligible to obtain U.S. permanent residency with all its benefits, at the same time the applicant receives it. Permanent residency allows all family members to live, study and/or work legally in the U.S.
What is a derivative beneficiary?
A derivative beneficiary is a spouse or child of an individual who was named as the primary or main beneficiary of a visa application or residency petition, if the type of petition allows family members to be included. For example:
- My aunt who is a U.S. citizen filed a residency petition for my mother when I was under the age of 21; this means my mother’s spouse and I are derivative beneficiaries of that application.
- My father’s employer started a petition for my father when I was under the age of 21; this means my father’s wife and I are derivative beneficiaries of that petition.
- My mother married a U.S. citizen when I was under the age of 21 and I was named as her child in the petition, however, this type of residency petition does not allow me to be a derivative beneficiary. In this case, my stepfather is required to file a separate residency petition for me, if he wants to petition for my residency.
What documentation do I need to apply for U.S. Residency for family members?
- Birth Certificates – Original (translated if necessary)
- Beneficiary (Alien)
- Citizen (Petitioner)
- Copy of original/certified Marriage Certificate (translated if necessary) [Marriage Certificate of Parents if it is a Parent/Child or Child/Parent petition]
- Copy of original/certified Divorce Certificate(s) (if applicable) (translated if necessary)
- Copy of Petitioner’s Federal Tax Return – Last Year and W-2’s, 1099 & schedule C’s from 2-3 years ago
- Joint Sponsor (if Petitioner does not meet income requirements)
- Copy of complete federal tax return withW-2’s from last year
- Copy of evidence of Citizenship or Legal Permanent Resident status
- Photographs
- 2 Passport-style photographs of the Petitioner
- 6 Passport-style photographs of the Beneficiary
- Copy of Passport for Beneficiary
- Evidence of 245(i) Eligibility (if necessary)
- Copy of any court records for the Alien
- Copy of any prior applications or records related to immigration matters
- Copy of I-94 Form – If applicable
What is the process to obtain a U.S. Residency for the members of my family?
There are three different procedures depending upon the status of the petitioner, their relationship with the beneficiary and individual circumstances of the applicants. Navigating through each stage requires the skill and guidance of one of our experienced family immigration lawyers. Read more on the family Green Card / Residency process.
When are children eligible to obtain U.S. citizenship automatically through their parents?
If you become a U.S. Citizen, you children might become U.S. Citizens even if they were not born in the U.S. through the Child Citizenship Act of 2000 (CCA). This law applies to children who turned 18 on or after the effective date, February 27, 2001.To qualify for automatic citizenship under the CCA your child must meet the following criteria:
- Be under the age of 18;
- Have a parent who is a U.S. Citizen;
- Be in the “legal” custody of that U.S. Citizen parent; and
- Be present in the U.S. with Legal Permanent Resident Status.
Children who naturalize automatically do not have to take an “Oath of Allegiance” and are permitted to maintain their citizenship of any other country that they possessed on the day of their naturalization.
Will I be able to get my green card through my brother/sister who is a U.S. citizen? How long will it take?
U.S. Citizens can apply for a resident petition (first step in the green card process) for their siblings. However, the applications that have a priority date which is current are almost 12 years old (as of 2008), and new applications are estimated to take even longer (approximately 17 years).Whether someone actually receives their green card depends upon many factors. An applicant for a green card is examined by the U.S. government after the resident petition application has been approved (during the final step in the green card process—the I-485 or DS-230 applications) and the priority date is current (see Visa Bulletin— category family sponsored preference 4th preference) and they take into consideration factors such as immigration status, health, criminal history, etc. in determining whether or not an individual will ultimately be granted a green card.
What are the USCIS Filing Fees needed?
You will need to pay the filing fees for forms (I-130), (I-485), (fingerprints), and if applicable, the penalty fee for (I-485A). Visit the U.S. Immigration and Citizen Services website to verify the fees as these change regularly.
What are the Legal Fees to Petition for a U.S. family residency application?
- Learn more about our fee structure
- Request an initial appointment with a family immigration lawyer in Boston, Massachusetts
Where Can I Get More Information on Green Cards for families of U.S. Citizens & Legal Permanent Residents?
- How to bring Spouses to Live in the United States as Permanent Residents
- How to bring Children, Sons and Daughters to Live in the United States as Permanent Residents
- The State Department visa Services on Family Based Immigrant Visas
- The USCIS on Family U.S. Residency or Green Card through family
- U.S. Legal Permanent Residency for an Immediate Relative of a U.S. Citizen
- U.S. Resident Status for a Family Member of a U.S. Citizen
- U.S. Green Card for a Family Member of a Legal Permanent Resident
- American Green Card Through Special Categories of Family
- Rights and Responsibilities of a U.S. Green Card Holder (Permanent Resident)
- Permission to Return for Permanent Residents to Domicile (I-191)
- Classes of Aliens ineligible to receive U.S. visas
- American Embassies and Consulates
- Video on U.S. Residency for Step Children
- Newsletter on U.S. Green Card / Residency Petitions for family members and estimated wait periods (April 2014)
- Contact our experienced family immigration attorneys in Boston at FitzGerald Law Company to apply for U.S. Residency for your family
Important additional issues
For any person filing a family- based residency petition, it is important that both the petitioner and the beneficiary properly file tax returns with all income reported, the correct filing status (generally not “head of household”) and evidence to support any deductions.
Generally the family of the petitioner and beneficiary (all members of household) should not be receiving financial assistance (housing, WIC, FreeCare, heat/electricity/gas, daycare, food-stamps) and if they are or have been receiving benefits, to make sure that all income is reported on any benefit application.
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