If you are a lawful permanent resident and want to sponsor an eligible family member, family-based immigration may provide a path to lawful permanent residence. As a Green Card holder, you may petition for your spouse, unmarried children under 21, or unmarried sons and daughters of any age. The process begins with a petition filed with USCIS, and may continue through adjustment of status (if your family member is already in the U.S.) or consular processing (if your family member is outside of the U.S.).
Do I Qualify?
Lawful Permanent Resident
You must be a lawful green card holder to petition for your family members.
Eligible Relationship
You may petition for your spouse, unmarried children under 21, or unmarried sons and daughters of any age.
Immigration Eligibility
Your family member must generally be eligible to receive an immigrant visa or adjust status.
Financial Sponsorship
You must generally be willing and able to sponsor your family member financially through Form I-864.
Admissibility Requirement
Your family member must generally be admissible to the U.S.
Age and Marital Status
Wait times differ for spouses and unmarried children; married children do not qualify.
Documents to Gather
Proof of Permanent Resident Status
A copy of your Green Card or a foreign passport with a stamp showing temporary evidence of permanent residence.
Proof Of Qualifying Relationship
Marriage certificate (for a spouse) or birth certificate (for a child, son, or daughter) establishing the qualifying relationship.
Identity and Civil Documents
Passports, government-issued identification documents, and birth certificates.
Immigration Records (If Applicable)
Prior immigration filings, admission records, visas, and related immigration documents.
Financial Documentation
Federal tax returns, W-2s, pay stubs, employment verification, and other documentation required for Form I-864.
Additional Documents May Be Required
Legal name change documents, divorce decrees, police records, certified English translations, and other supporting documentation depending on the circumstances of the case.
Filing Fees
Attorney Fees
Government Fees and Miscellaneous Costs
Timeline
Schedule A Consultation With An Attorney
The process of obtaining a green card for a family member involves several stages and documentation requirements. The process generally begins with an initial consultation.
File Form I-130 With USCIS
Form I-130 is filed with USCIS to establish the qualifying relationship. USCIS processing times vary and are subject to change. For the most current information from USCIS, check their Case Processing Times.
Adjustment of Status or Consular Processing
Once a visa number is available, the case proceeds either through adjustment of status within the U.S. or consular processing abroad, depending on where your family member is living at that time. Because these categories are subject to an annual numerical limit, a visa number must become available under the monthly Visa Bulletin before the case can move forward.
Affidavit of Support
Form I-864, Affidavit of Support, is prepared and submitted as part of the immigration process.
Medical Examination
A medical examination may be required as part of the immigration process. This examination must generally be completed by a USCIS-designated civil surgeon or an approved panel physician.
Interview Preparation And Interview (If Required)
If an interview is required, we review the required documents and discuss what to expect during the process.
Decision And Lawful Permanent Residence
USCIS or the Department of State issues a decision after reviewing the application and supporting documentation. If approved, lawful permanent resident status is granted and a permanent resident card (green card) is issued.
Complex Case Factors
Change in Petitioner's Status
If you become a U.S. citizen while the petition is pending, your family member's category and wait time may change.
Immigration Violations
Prior immigration violations, unlawful presence, or removal proceedings may affect eligibility.
Category and Age-Related Changes
A child's category can be affected by turning 21 or getting married while a petition is pending, which may change eligibility.
Disclaimer & Attorney Advertising: The information on this website is provided for general informational purposes only and does not constitute legal advice. Visiting this site, submitting a contact form, or contacting the Law Office of Ashley Weston does not create an attorney-client relationship. An attorney-client relationship is only established through a written, signed retainer agreement.
The Law Office of Ashley Weston is a Professional Law Corporation incorporated in Sacramento and licensed to practice law in the State of California. Our practice is limited to California Limited-Scope services and Federal Immigration Law nationwide. We do not practice the state laws of jurisdictions outside of California.
All legal matters are fact-specific, and prior testimonials or results do not guarantee a similar outcome. This website constitutes attorney advertising under California Rules of Professional Conduct and applicable rules in other jurisdictions. Attorney responsible for this advertisement: Ashley Weston, Esq., Sacramento, California.