Family-based green cards

Qualifying family relationships

Immediate relatives of U.S. citizens and family-preference applicants follow different category rules. Immediate-relative classification includes qualifying spouses, unmarried children under 21 and parents of U.S. citizens who are at least 21. Other relationships may fall within preference categories, subject to the petitioner’s status and the applicable conditions.

An immediate-relative case is not subject to the same numerical limits as a preference case, but it still takes time to process. It should not be described as having no waiting period.

Requirements after the family petition

The relationship must be documented, and later stages can involve financial support, medical examination, admissibility and other requirements. Consular processing and adjustment of status have different procedures. A prior refusal, overstay or other immigration issue should be reviewed before selecting the route.

Reviewing the family’s circumstances

Our practice can help review the petitioner’s status, family records and the intended process. Previous marriages, children, changes in age or marital status and the location of family members can affect the plan.

Complete records should be reviewed before relying on an anticipated timetable. Changes in circumstances during the case may affect the category or a subsequent filing and should be discussed with counsel.

General information only; it does not replace advice about an individual case.