Family-Based Immigration: Who Qualifies for a Green Card Through a Relative?
Family-Based Immigration: Who Qualifies for a Green Card Through a Relative?
Family-based immigration is one of the most common ways individuals become lawful permanent residents of the United States. U.S. citizens and lawful permanent residents (green card holders) may be able to sponsor certain family members for a green card, allowing them to live and work permanently in the U.S. Understanding who qualifies and how the process works is an important first step toward reuniting families.
At Mellorah Law PLLC, families across the country turn to Attorney Maitreyee “Maya” Mopalwar for clear guidance through the family-based immigration process. Whether you are just beginning or have questions about eligibility, having accurate information can help avoid delays and complications.
What Is Family-Based Immigration?
Family-based immigration allows eligible U.S. citizens and lawful permanent residents to petition for certain relatives to obtain a green card. This process typically begins with filing Form I-130, Petition for Alien Relative, which establishes the qualifying family relationship.
Once approved, the relative may apply for lawful permanent residence either through adjustment of status (if already in the U.S.) or consular processing (if outside the U.S.).
Who Can Sponsor a Family Member for a Green Card?
The ability to sponsor a relative depends on the sponsor’s immigration status.
U.S. Citizens May Sponsor:
- Spouses
- Unmarried children under 21
- Unmarried sons and daughters over 21
- Married sons and daughters of any age
- Parents (if the sponsor is at least 21 years old)
- Brothers and sisters (if the sponsor is at least 21 years old)
Lawful Permanent Residents May Sponsor:
- Spouses
- Unmarried children under 21
- Unmarried sons and daughters over 21
Each category has different eligibility rules and wait times, which can significantly affect how long the process takes.
Immediate Relatives vs. Family Preference Categories
Family-based green cards fall into two main groups:
Immediate Relatives of U.S. Citizens
Immediate relatives include spouses, unmarried children under 21, and parents of U.S. citizens. These categories are not subject to annual visa limits, which often means faster processing times.
Family Preference Categories
Other qualifying relatives fall under preference categories, which have annual limits and often longer wait times. These include siblings of U.S. citizens and certain adult children. Visa availability depends on priority dates published in the U.S. Department of State Visa Bulletin.
Financial Sponsorship Requirements
Most family-based green card applicants require a financial sponsor. The petitioner must submit Form I-864, Affidavit of Support, showing they meet minimum income requirements to support the immigrant. If the sponsor does not meet the income threshold, a joint sponsor may be used in some cases.
Common Challenges in Family-Based Immigration
While family-based immigration can be straightforward in some situations, challenges may arise, including:
- Missing or incorrect documentation
- Prior immigration violations
- Inadmissibility concerns
- Requests for Evidence (RFEs)
- Long visa backlogs
Careful preparation and timely filing can help reduce delays and unexpected issues.
How Mellorah Law PLLC Can Help
Mellorah Law PLLC assists families nationwide with every stage of the family-based immigration process. Attorney Maitreyee “Maya” Mopalwar works closely with clients to prepare accurate applications, gather required documentation, and navigate the evolving immigration system with confidence.
Based in New Jersey, the firm proudly serves clients across the United States, helping families reunite and build secure futures together.
Schedule a Consultation
If you are considering sponsoring a family member for a green card or have questions about eligibility, legal guidance can make the process clearer and more manageable.
Call Mellorah Law PLLC at 646-640-0335 to schedule a consultation and learn how your family’s immigration journey can move forward.