How to Get a Foreign Family Member Into the U.S. as a Lawful Permanent Resident

U.S. citizens and permanent residents who have family members living outside the United States can file petitions to help them immigrate: that is, get a U.S. immigrant visa, which leads to a green card or lawful permanent residence. This serves the U.S. policy goal of family reunification. But how does one go about doing this?

The application process to obtain an immigrant visa for your eligible family members will mostly follow the same basic steps whether you are a U.S. citizen (USC) or a lawful permanent resident (LPR). We’re assuming your family member lives overseas; for family members who are already in the United States, you will want to look into whether a different process, called "Adjustment of Status," is possible for them.

Which Family Members Are Eligible to Immigrate to the U.S.

Potential beneficiaries of family-based petitions are classified into two categories: so-called “immediate relatives" of U.S. citizens and “family preference” relatives.

The immediate relatives of U.S. citizens are not subject to limitations on the number of immigrant visas (green cards) given out each year. This category includes the spouses (same-sex or opposite-sex) of U.S. citizens and their unmarried children younger than 21 years, their parents (after the U.S. citizen child has turned 21), and orphans adopted abroad or in the States.

Unlike immediate relatives, beneficiaries who fall into the “family preference” category are subject to annual quotas on visas, including both an overall limit and a per-country allotment. Because more people apply every year than there are visas available, this often leads to long waits, particularly from countries with high populations and levels of interest in immigrating to the United States. In some instances, the waiting period might be relatively short; in others, the wait spans decades.

The “family preference” categories are the following:

• First Preference (F1) - unmarried sons and daughters of U.S. citizens of any age, regardless of the son’s and daughter’s are. To be eligible under this classification, the beneficiary must be “unmarried” when the petition is filed, and remain so until receiving the green card.
• Second Preference (F2) - spouses (same-sex or opposite-sex), minor children, and unmarried sons and daughters (age 21 and above) of permanent residents. Children who are either divorced or widowed are considered “unmarried”, hence, eligible under this classification. Those children who are 21 or over fall into a subcategory called 2B; they typically wait longer than other second preference relatives, who are in a subcategory called 2A.
• Third Preference (F3) - married sons and daughters of U.S. citizens, and their spouses and minor children. A beneficiary who obtains a good-faith divorce during the long years of waiting for the visa will become eligible for an immigrant visa as an F1.
• Fourth Preference (F4) - brothers and sisters of a U.S. citizen, and their spouse and minor children. Half-brothers and half-sisters as well as adoptive siblings are eligible under this category.

How Long Does It Take to Get a Green Card Through Family?

The procedure of helping someone get a green card can take years. The actual processing time will depend on a number of factors:

• your current immigration status (USC or LPR) as the “petitioner”
• the whereabouts of your family member (called the "beneficiary"), including the beneficiary’s country of origin
• your family relationship; and
• the personal circumstances or situation of the beneficiary.

By learning about this application process in advance, you’ll be able to plan for the various requirements and strategize around the likely timeline.

Steps in the Immigration Process for a Family Member

Let's do an overview of the entire immigration process.

U.S. Petitioner Files Form I-130

The process starts with the U.S. citizen or permanent resident petitioner preparing and filing Form I-130, the Petition for Alien Relative. This form is issued by U.S. Citizenship and Immigration Services (USCIS) and available for free download on its website. For tips on completing it, also see The I-130 Petition: Information for Family Sponsors.

One of the important questions on Form I-130 asks you to name the office where the beneficiary will either adjust status (available only if the person is lawfully in the U.S., with rare exceptions) or go for a visa interview (at a U.S. consulate or embassy in the beneficiary’s country of residence or, if requested, country of nationality).

A relative who is living overseas should name the closest U.S. embassy or consulate that processes immigrant visas. Such information is usually available on the consulate's website. (But if you get it wrong, they'll figure it out for you.) By the way, you don't have a choice of consulate; you can't, for example, choose one in a nearby country that you hear is faster at immigrant visa processing, or one that happens to be more convenient for you. The only exception would be in the case of a humanitarian emergency or foreign policy concern, in which case you can ask the NVC for special attention.

The I-130 petition must be filed with copies of documents to establish that the petitioner is a U.S. citizen or a permanent resident (such as a U.S. passport or green card) and that a family relationship exists between the petitioner and the beneficiary (such as a copy of birth certificate or marriage certificate). Petitioners for a spouse must also include documents showing that the marriage is bona fide (real), not a sham or fraud to get a green card.

Some attorneys recommend that the petitioner also execute and submit the Affidavit of Support, Form I-864 and supporting documents with the I-130, rather than waiting until it is later requested.

File the I-130 petition with the USCIS Service Center having jurisdiction over your U.S. residence. Be sure to keep a copy of everything you submit, including forms, supporting documents, and checks or money orders (unless you pay by credit card).

USCIS will, after receiving the I-130 petition and verifying that its complete, issue a receipt notice to the petitioner and the attorney, if any. If USCIS determines that the submitted documents are insufficient, it will instead send the petitioner a Request for Evidence (RFE). (In the worse case scenario, you might get a Notice of Intent to Deny, or NOID; but this still gives you a period of time, usually 30 days, in which to respond.) There will be a deadline for response to either an RFE or a NOID, which you must meet, or the case will be canceled.

Once the petitioner has satisfactorily met the requirements, the USCIS Approval Notice will follow. The letter also provides information on where the case has been forwarded to.

USCIS Transfers the Immigrant's File to the National Visa Center

For beneficiaries outside the United States, or who fall into a preference relative category, the case will next be forwarded to the National Visa Center (NVC). This office will hold onto the preference relatives’ file until their waiting period is over and a visa has become available; in technical terms, their “priority dates” are current. They have no right to enter the United States at this point (unless they can separately qualify for some other visa; but this gets difficult, because U.S. immigration authorities might assume they're looking for a shortcut way to enter the U.S. and then stay permanently).

The filing date of the petition becomes the would-be immigrant's "priority date". The U.S. Department of State publishes the monthly Visa Bulletin, which shows the priority date being processed next.

Immigrant Goes to Consular Processing

If a visa is immediately available, or has become available because the beneficiary’s priority date is current, the NVC will start processing the case. It will issue a series of forms and instructions to the immigrant.

An updated Affidavit of Support (Form I-864 with supporting documents) for each intending immigrant is required at this stage, as well as payment of applicable fees. The NVC will also direct the applicant to its website for guidance.

The applicant will be instructed to fill out the Form DS-260, “Immigrant Visa Electronic Application.”

Once all documents, security checks, and fees have been completed or paid, the NVC will forward the case to the consular office abroad that was indicated on the Form I-130. The beneficiary will need to undergo medical examination, police clearance, and fingerprinting. A notice for a personal interview will follow.

Immigrant Attends Visa Interview at a U.S. Consulate

One of the last steps in the process is for the immigrant to attend an interview with a U.S. consular official in the country where they live (or, if they request it of the NVC, their country of nationality). The applicant should bring copies of all documents earlier submitted, plus all other proof (original, not copies) of the family relationship with the petitioner.

For a spousal petition, expect the consular officer to ask many questions about the personal relationship with the U.S. petitioner, to determine the bona fides of the union. Other questions will concern whether the alien is “admissible” (meaning has prior health, criminal, or other issues).

Assuming that all is in order, the visa will be approved. The consular officer will stamp the immigrant's passport showing the person's immigrant status and date of the approval. The consulate might also issue a sealed envelope containing all visa materials, which must be opened only by the officer at the U.S. port of entry. (Or, all such materials might be transmitted electronically.)

Normally, the U.S. embassy will issue the passport stamp within a few weeks following the visa interview.

Arrival at the United States Port of Entry

For overseas beneficiaries, the last stage of the process is arrival at the U.S. port of entry. Although the U.S. embassy has already granted the immigrant visa, the last interview will actually be with an officer at the border (a Customs and Border Protection, or CBP agent).

That agent is tasked with determining whether the foreign national is indeed eligible to enter the country. The CBP officer may ask questions about prior convictions, serious illness, or any immigration violations. With this in mind, it’s best to be careful about answering, and consult an attorney with any last-minute questions.

At this time, or soon after, you'll want to pay USCIS the fee for processing your actual green card, referred to as the USCIS Immigrant Fee.

Receiving the Actual Green Card

The Permanent Resident Card (Form I-551) is mailed to the new immigrant, normally within a few weeks following their arrival in the United States.

Should You Get Help From a Lawyer?

The family visa application process requires an understanding of a complex body of law and great attention to detail. That is why many would-be petitioners choose to hire an immigration attorney to help them prepare the applications, evaluate any legal issues, and guide their application to a successful conclusion. See Is an Immigration Lawyer Worth the Cost?.