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Boston Family Immigration Lawyers

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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, Consular Processing may require additional waiting time and procedures.

  • Residency for spouse of U.S. citizen: 6-23 months 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: 12-24 months 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): 12-24 months 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): 2.5-5.5 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): 2.5-10 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  [1](generally 12-15 years from the date the I-130 petition is filed)
  • U.S. Residency / Green Card for siblings (brothers and sisters) of U.S citizens: 2.5-12 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  [1](generally 16 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 estimated here are for applications filed with USCIS, Consular Processing may require additional waiting time and procedures.

  • Green Card / U.S. Residency for spouse of U.S. citizen: 10-30 months processing time for I-130, and currently there is no additional “wait” period to apply for the Green Card, according to the March 2023 Visa Bulletin.
  • U.S. Residency / Green Card for unmarried child of U.S. resident under 21 (including step children):
  • 10-30 months processing time for I-130, and currently there is no additional “wait” period to apply for the Green Card, according to the March 2023 Visa Bulletin [2].
  • Green Card / U.S. Residency unmarried child  of U.S. resident over 21 (including step children): 2.5-5.5 years processing time for the I-130 and 8-9 years “wait” time, to apply for the residency according to the March 2023 Visa Bulletin [2]

**The estimated wait times are based on the dates published on the USCIS Processing Times [3] 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 March 2023 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 [1] 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 [4].

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. [1]

If I have a child who is a U.S. citizen, can I obtain legal status in the U.S.?

You can do so under two circumstances: 1). If your child is over the age of 21 with the ability to support you, your child can file a residency petition [5] for you, if you came into the U.S. with a visa. If you did not enter the U.S. with a visa, you may be eligible for a waiver (or pardon) [6] 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 deportation [7].

What is the duration of a family U.S. Residency / Green Card?

Once permanent residency [8] is approved it will remain valid as long as the person continues to reside the majority of the time in the U.S. and complies with the legal conditions for U.S. legal permanent residency.

Renewability of a family Green Card

U.S. legal permanent residency status never expires as long as you continue to meet the U.S. residency eligibility conditions as stated in your residency application. However, the green card (or evidence of permanent residency) expires every 10 years and it is recommended that it be renewed six months before expiration. An experienced family immigration lawyer at FitzGerald Law Company can help with the renewal process of a family green card or marriage green card [9].

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 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 [10].

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 [11] to verify the fees as these change regularly.

Where Can I Get More Information on Green Cards for families of U.S. Citizens & Legal Permanent Residents?

Important additional issues

It is important that any person filing a family- based residency petition, 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 there are or have been benefits make sure that all income is reported on any benefit application.