A Legal Path to Reuniting with Your Loved Ones
When you’re separated from family by borders, reuniting on American soil becomes a priority. The process of bringing loved ones to the US through family-based green cards involves emotional weight and procedural challenges. US citizens sponsoring spouses, parents, or siblings face different requirements than permanent residents petitioning for immediate family members. Your family’s reunification journey demands careful planning and working with a family based immigration lawyer in Charlotte can make a significant difference in your path toward reunification.
Quick Summary:
- Family-based green cards allow U.S. citizens and permanent residents to help certain family members become permanent residents. Immediate relatives of U.S. citizens like spouses, children under 21, and parents get priority and don’t have to wait for visa availability. Other relatives fall under preference categories, which have yearly limits and often long waiting periods.
- Each category has its own rules about who can apply and what documents are needed. The process begins with filing Form I-130 to prove the family relationship. After approval, the next steps depend on whether the relative is in the U.S. or abroad, and involve either adjustment of status or consular processing.
- Applicants must meet several requirements, including passing a medical exam and showing financial support. Sponsors must file Form I-864 and meet income guidelines or use assets or a joint sponsor to qualify. Medical exams must be done by approved doctors and include vaccinations and health screenings.
- Wait times can be especially long for preference categories, with some taking over 20 years. U.S. citizens may speed up the process for certain relatives by naturalizing if they’re permanent residents. The Visa Bulletin is used to track which priority dates are being processed.
- Missing documents, inconsistent records, or unverified translations can cause delays or denials. Applicants from some countries may struggle to get official records, so early preparation is important. Translating documents properly and fixing inconsistencies before filing can save time and avoid problems later on.
What Are Family-Based Green Cards?
Family-based green cards provide a way for relatives to live permanently in the United States. These cards, officially called Permanent Resident Cards, allow family members to legally live and work in America without an expiration date, as long as they maintain their status. This form of immigration reflects the long-held principle within U.S. immigration law that families should remain together.
The process begins when a U.S. citizen or green card holder files paperwork for their family member, including documents that prove their relationship. The next steps depend on your relationship and whether your relative is inside or outside the U.S.:
- If your relative is already in the U.S. legally, they may apply for a green card through adjustment of status.
- If your relative is outside the U.S., they will go through consular processing at a U.S. embassy or consulate.
A family-based green card offers several benefits: legal work authorization, the ability to travel and return to the U.S., legal protections, and the option to apply for U.S. citizenship in the future.
Categories of Family-Based Immigration
Not all family relationships are treated the same in U.S. immigration law. The system divides relatives into two main groups that determine how quickly your family member can get a green card and what steps they’ll need to take.
Immediate Relatives
Immediate relatives of U.S. citizens are given priority under immigration law. Unlike other family categories, they are not subject to annual visa limits, which often means much shorter wait times. This group includes:
- Spouses of U.S. citizens
- Unmarried children under 21 years of age
- Parents of U.S. citizens (if the citizen is at least 21 years old)
Note: Lawful permanent residents (green card holders) cannot sponsor their parents for green cards—only U.S. citizens aged 21 and above can do so.
One major advantage for immediate relatives is that they may be eligible to file Form I-485 (adjustment of status) at the same time as Form I-130 (petition for alien relative). This can save months, or even years, in processing time.
To sponsor a spouse, you must prove the marriage is genuine—not solely for immigration purposes. You’ll need to provide evidence that your relationship is authentic. This may include joint bank accounts, shared leases or bills, photographs together, and regular communication such as emails or messages.
Immediate relatives also benefit from more lenient immigration rules. For example, they may still qualify for a green card even if they overstayed a visa or worked without authorization. These exceptions are not typically available to other categories.
Family Preference Categories
Unlike immediate relatives, other family members fall into “preference categories” that have yearly limits on how many green cards are given out. This often creates waiting periods that can last years. These categories include:
- First Preference (F1): Unmarried adult children (21+) of U.S. citizens
- Second Preference: Split into two groups:
- F2A: Spouses and unmarried children (under 21) of permanent residents
- F2B: Unmarried adult children (21+) of permanent residents
- Third Preference (F3): Married sons and daughters of U.S. citizens, any age
- Fourth Preference (F4): Brothers and sisters of U.S. citizens (if the citizen is at least 21)
Once your petition is approved, your family member must wait for their priority date to become current before moving forward. The State Department publishes a monthly Visa Bulletin showing which priority dates are being processed. Waiting times vary by category and your relative’s home country, with people from Mexico, China, India, and the Philippines often facing longer waits.
A family-based immigration lawyer in Charlotte can help you identify the right category and estimate a realistic timeframe for your family member’s green card process.
The Process of Sponsoring a Relative for a Green Card in Charlotte
Bringing your family to the United States takes time and careful attention to detail. Knowing each step of sponsoring a relative for a green card in Charlotte helps you avoid delays and complications that could keep your family apart longer. Here’s how the process typically works, starting with the initial petition:
Filing the Initial Petition
To begin the process of sponsoring a relative for U.S. permanent residency, a U.S. citizen or green card holder files Form I-130, “Petition for Alien Relative,” with USCIS. This form confirms your qualifying family relationship, requiring proof like birth or marriage certificates.
Charlotte residents can file this form online or by mail, receiving a receipt with a case tracking number. USCIS processing times vary by relationship type, with immediate relatives generally being processed faster than those in family preference categories.
After Form I-130 approval, the next steps depend on the relative’s location:
- If the relative is in the U.S., they may apply for a green card through adjustment of status (Form I-485).
- If the relative is outside the U.S., they’ll go through consular processing via the National Visa Center and the U.S. consulate in their home country.
For those adjusting status within the U.S., additional forms, fees, and documentation are needed, including medical exam results and proof of financial support. For Charlotte residents sponsoring relatives abroad, working with a local immigration lawyer can help prepare for consular interviews and address potential issues during processing.
Key Requirements for Green Card Through Family in NC
Each family-based green card category has specific rules about who can apply and what documents you need to provide. Filing for a green card through family in NC involves specific requirements. Getting them right the first time can save months of back-and-forth with immigration officials. Here’s what you need to know about two of the most important requirements:
Proving Financial Support
Sponsors must file Form I-864, Affidavit of Support, a legal promise to support their relative until citizenship or sufficient U.S. work credits are achieved. Income must be at least 125% of the federal poverty level for the household size, based on regional guidelines. Assets or a joint sponsor can supplement income. If income varies, additional proof of stability is needed to assure USCIS the relative will not rely on public assistance.
Medical Exam and Health Requirements
Applicants need a medical exam by a USCIS-approved doctor, documented on Form I-693. This exam includes checking medical history, vaccination records, and tests for contagious diseases. Results are valid for two years. Applicants must be current on required vaccinations unless exempt for medical, religious, or age-related reasons.
Common Challenges and Solutions
Family-based immigration presents challenges, including long waits and documentation issues. Knowing these potential obstacles helps with preparation.
Managing Wait Times
Long wait times are common in family-based immigration, especially for preference categories like siblings or adult children of U.S. citizens. The Department of State’s monthly Visa Bulletin shows which petitions are currently being processed based on category and country of origin.
For example, U.S. citizens petitioning for siblings from countries like the Philippines or Mexico may face waits exceeding 20 years.
If you are a permanent resident, becoming a U.S. citizen may shorten the process for certain relatives, such as spouses or unmarried children under 21, who would then be reclassified as immediate relatives and no longer subject to visa caps.
Some families explore options like temporary visas or humanitarian parole while waiting, but these should be pursued with legal guidance to avoid complications that could delay the green card process.
Addressing Documentation Problems
Paperwork issues frequently cause delays or denials. Missing birth certificates, marriage records, or proof of relationships can impact cases. Some countries make obtaining official documents difficult, requiring secondary evidence or affidavits. The translation of non-English documents by certified translators is also necessary. Inconsistencies in names or dates across documents can raise concerns with USCIS, requiring explanation or correction. Early document gathering allows time to resolve potential problems.
Reunite with Your Family with the Help of a Family-Based Immigration Lawyer in Charlotte
Bringing your family to the U.S. can feel overwhelming, but having the right support makes a big difference. A family-based immigration lawyer in Charlotte at the Law Office of Jack G. Lezman, PLLC can help you through the process and keep things on track.
If you’re also facing financial struggles, we provide bankruptcy services to help individuals and families find a fresh start. Reach out today to schedule your free consultation and see how we can support your next steps.
