How to Get a Green Card for a Family Member of a Permanent Resident

Congress in it's effort to promote family unity, allows permanent residents of the United States (green card holders) to petition for certain eligible relatives to come and live permanently in the United States. If your family relationship qualifies you as an eligible relative of a U.S. permanent resident, then you are in what is called a “family preference category.”

The Family Preference Category

A permanent resident (Green Card holder) may petition for his/her spouse and unmarried child(ren) of any age to immigrate to the United States. Congress has restricted the number of relatives who may immigrate under these preference categories every year. In most cases there = is a waiting period before an immigrant visa number becomes available. If you are qualified as an eligible relative of a U.S. permanent resident, then you are in what is called a “family preference category.”

As stated above there are limited the number of relatives who may immigrate under these categories each year so therefore there is usually a waiting period before an immigrant visa number becomes accessible.

This page explains the steps necessary to get a green card for relatives of a permanent resident (in a Family 2nd Preference category).

How Get a Green Card While Inside the United States

If you are currently in the United States and are one of the specified categories of relatives of a permanent resident, you may be able to become a permanent resident in two steps.

Step 1– The U.S. citizen family member (sponsor) must submit the Form I-130, Petition for Alien Relative, on your behalf and it must be approved before you can proceed. Once filed, you have to wait for your priority date in your immigrant visa category to become current. The date when the Form I-130 is properly filed (with correct fee and signature) is known as your priority date. For more information on priority dates, see the “Visa Availability & Priority Dates” page.
Step 2 – When your priority date become current, you may file for Adjustment of Status with Form I-485, Application to Register Permanent Residence or Adjust Status. Adjustment of Status is the method you go through to become a Permanent Resident, while you are inside the United States.

How to Get a Green Card While Outside the United States

If you are currently residing outside the United States you can become a permanent resident through the visa processing system at the U.S. Consulate. Consular Visa processing is when USCIS and the Department of State work together to issue a visa on an approved Form I-130 petition. This can only happen when a visa is available. Once you are granted a permanent visa at the consulate you may travel to the U.S. on the visa. Once admitted at a U.S. port of entry, you will officially convert to a permanent resident. The Department of State notifies applicants when they are eligible to apply for an immigrant visa. If you fail to apply for an immigrant visa within one year following notice from the Department of State, your petition may be terminated

Things you should remember:

Turning 21 years of age. If you are an unmarried child of a permanent resident, turning 21 years of age may delay the process of becoming a permanent resident or obtaining an immigrant visa. You will no longer be considered an “Unmarried Child of a Lawful Permanent Resident” (F2A) and will your application will be converted to the category of an “Unmarried Son or Daughter of a Lawful Permanent Resident (F2B).” This change in categories will significantly delay your immigrant visa becoming available.
Child Status Protection Act. A recent change in the law may help certain children from aging out. The Child Status Protection Act (CSPA) in some instances allows a child to retain the classification of “child” even if you have reached age 21. Generally, your age is “frozen” as of the date your U.S. citizen parent files Form I-130 for you.
Getting Married. If you are the unmarried son or daughter of a permanent resident, and you get married prior to becoming a permanent resident, you will no longer qualify for the Green card and your case will be "dead." However, if you sponsoring parent becomes a U.S. citizthere is no visa category for a married child of a permanent resident. Note: You are required to notify USCIS of any change in your marital status after Form I-130 has been filed for you and prior to becoming a permanent resident or obtaining an immigrant visa.
Permanent Resident Relative Becomes a U.S. citizen. If the permanent resident relative that petitioned for you becomes a U.S. Citizen, your preference category would change and a visa may be available sooner. This is because you would now be getting a green card as a relative of a U.S. citizen.