Family-Based Green Card Process

Family-based green cards are a way for US permanent residents and citizens to bring their family members to the United States. This post will discuss the process for obtaining a family-based green card.

Overview
Form I-I30
Form I-485 or Consular Processing
Conclusion

Overview

Family-based green cards are a way for US permanent residents and US citizens to bring their family members to the United States. It aids in reuniting families who are seperated following the immigration of one family member.

Immediate relatives of US citizens (spouses, unmarried children under 21, internationally adopted children, and parents when the U.S. citizen child is over 21 years of age) are eligible for the Immediate Relative Immigrant Visa. There is no cap on how many of these visas can be issued every year. This means that their case can be processed immediately upon approval of the relative petition.

Preference categories are for other family members who are not classified as immediate relatives. The first preference family-based green card is for unmarried children of US citizens who are over 21 years of age. The second preference category includes visas for spouses and minor children of permanent residents, as well as unmarried children of US permanent residents who are over 21 years of age. Most of these visas will go toward spouses and minor children. The third preference is for married children of US citizens and their spouses and children. The fourth preference is for brothers and sisters of US citizens. Please note that US permanent residents are only able to bring spouses, children, and unmarried children to the US. They cannot bring siblings, parents, or married children. Also, there are caps on preference category green cards. This means that there may be a waiting time between when your Form I-130 gets approved and when you can submit your Form I-485 or go through consular processing.

There are several requirements for both the petitioner and the beneficiary. The petitioner is the US permanent resident or US citizen. They must be able to prove their status as a lawful US citizen or permanent resident, have the ability to financially support the beneficiary, and prove a qualifying relationship with the beneficiary. In addition to demonstrating that they will not become a public charge (financially unable to support themselves) and that they have a relationship with the petitioner, the beneficiary must demonstrate that they do not have a communicable disease, a serious physical or mental disorder, have a substance abuse disorder, or have a history as a drug trafficker, undocumented immigrant, terrorist, or criminal.

The family-based green card is a good option for many people because it allows you to bring your family who may not qualify for other green cards to the United States, and allows for family reunification. It also only has a two-step process:

- Form I-130

- Form I-485 or consular processing

If you think you or a family member would be eligible for a family-based green card, you should contact an immigration lawyer. My team and I would be happy to help you determine if this is the right visa for you and help you through this process.

Form I-130

The first step for a family-based green card is to file Form I-130. Form I-130 is titled “Petition for Alien Relative”. You will file this with USCIS, either by mail or online (or in some cases, at your local embassy or consulate). More information about where to file your Form I-130 can be found by clicking here.

USCIS will mostly use Form I-130 to determine a qualifying relationship between the petitioner and the beneficiary. Form I-130 will ask for information about the beneficiary, the petitioner, and the attorney/interpreter if applicable. If you are filing a Form I-130 for your spouse, you will also need to include Form I-130A. This is the “Supplemental Information for Spouse Beneficiary” form.

Generally, you should complete one Form I-130 per beneficiary. However, with certain preference categories, some family members can immigrate as derivative beneficiaries under the principal beneficiary. For example, a spouse of a lawful permanent resident can include his or her minor children as derivative beneficiaries on the same petition.

The cost per I-130 application filed with USCIS is $535. You may also need to include other documents, such as a copy of your birth or naturalization certificate, a copy of your passport or permanent resident card, and evidence of your relationship with the beneficiary. When filing for your spouse, you must show that you are in a good faith marriage, in other words you did not just get married to petition for a green card.

Wait times for action on your Form I-130 will vary depending on where you submit, what your relationship with the beneficiary is, and the time of year. My team and I would be happy to provide more information about your specific case if desired. Your case status can be tracked by clicking here,

It is recommended that you work with an immigration lawyer to file Form I-130. An immigration lawyer can help you fill out Form I-130 accurately and effectively to increase your chances of a fast approval. If you do not fill out Form I-130 correctly, USCIS may request additional evidence, which will slow down the process. They could also reject your application if you fail to show a qualifying relationship with the beneficiary. My team and I are experienced with family-based green cards and would be happy to help you.

More information about Form I-130 can be found by clicking here.

Form I-485 or Consular Processing

Every applicant will need to submit a visa petition using Form I-130. However, the next step in getting a family-based green card will vary depending on your circumstances. There are two options - adjustment of status and consular processing. Adjustment of status is for beneficiaries who live in the United States. Consular processing is for beneficiaries who live outside the United States. Please note that an approved Form I-130 does not give you a green card. It only allows you to continue with the green card application process (adjustment of status or consular processing). An approved Form I-130 does not mean your adjustment of status or consular processing will be approved. You only have a green card once the adjustment of status or consular processing is completed and approved.

Some beneficiaries who are already in the United States can file Form I-485 as a request for adjustment of status. Form I-485 is known as the “Application to Register Permanent Residence or Adjust Status”. To be eligible, the beneficiary must have entered the United States lawfully, meaning they were inspected and admitted by an immigration officer. Also, in some circumstances, in particular the preference categories, they must maintain lawful nonimmigrant status. For immediate relatives of United States citizens, the I-485 can be filed at the same time at the I-130, without waiting for the I-130 to be approved.

Form I-485 will ask about the beneficiary, the visa being requested, information about your family, and information about the interpreter/attorney, if applicable. More information about Form I-485 can be found by clicking here. You will submit this document either online or at one of the USCIS offices. More information about filing can be found here. The filing fee will vary depending on one’s age, but it will be anywhere from $750 to $1140, as well as an $85 biometric fee. You may also need to submit additional information, including passport photos, birth certificates, and police records. It is recommended that you work with an immigration lawyer for the filing of Form I-485 as well. In addition to filing Form I-485, you will also need to go to a biometrics services appointment at your local Application Support Center to provide fingerprints and a signature. You may also need to complete an interview or submit additional information. The amount of time it takes for your Form I-485 to be approved will vary depending on the USCIS office, your application, and the time of year. Your case status can be found by clicking here.

If the beneficiary does not live in the United States, consular processing must be used. When you receive a notice of approval for your Form I-130, it will also list a priority date. The priority date is the earliest date an interview will be scheduled with your local embassy or consulate. You will be scheduled for an interview with a consular officer. They will ask you questions to determine your eligibility for the visa and make a determination on whether you should be granted a visa. It is recommended that you consult with an immigration lawyer for this as well. An immigration lawyer can help you prepare for the interview and provide you with information about any documents or information the consular officer will want from you.

Additionally, the process is different for people seeking Immediate Relative immigrant visas. There is no limit on how many green cards can be granted to the immediate relatives of US citizens. This means that immediate relatives living in the United States can file their Form I-485 concurrently with their Form I-130. This will help expedite their process. Please note that this will not change your chances of getting approved. Immediate relatives living abroad will still need to wait for their Form I-130 approval before an interview will be scheduled at their local consulate or embassy. Other family members will need to wait until they receive their approval and their priority date passes before they can file Form I-485 or begin consular processing. Priority dates for some family members can vary depending on the preference category and the country from which the family member is immigrating. Sometimes the wait can be many years, so it is important to take this into consideration when beginning a case.

Conclusion

You should now have a better understanding of the family-based green card, and the process for obtaining one. If you have any additional questions, feel free to contact me. I can be reached directly at Michael@AshooriLaw.com. I am an experienced immigration lawyer, very responsive via email, and I would be happy to help you.

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Vlado Kolistrkoski

1676563057

My experience with Ashoori Law started when my younger son had an issue with his green card and it was solved really very professionally so my son recommended me Ashoori Law. So when I found the love of my life Ashoori Law was the firm help me out... with all the advice and finally resolved the issue with getting the green card for my now new wife and because of that I am very satisfied and recommend Ashoori Law as a great professional and friendly firm providing excellent service.Best regardsVlado Kolistrkoski.read more

saha kabgani

1676487618

So happy to have worked with this law firm, We obtained them for my E2 Visa. They are for responsive, helpful and my entire process went very smooth considering I was very afraid not having the knowledge of how to proceed. I definitely recommend... them as I have also dealt with a few different lawyers regarding similar matter and unfortunately I did not have as great result as I did with them.read more

KAY QIAO

1676013472

Probably the most efficient and professional attorney I've worked with. They answered my emails fast and in detail, so I always could get the answer that I was asking for. Highly recommend to anyone who need true support and professionalism.Thank... you so much.:)read more

Felix Evans

1675895179

Ashoori Law, is the best and most professional Legal firm I have done business with. They provide support, responds to queries promptly and most of all provide excellent service dealing with the issues. Excellent Immigration Legal Firm

Leila Rafiei

1675888317

Ashoori Law gave us the guidance and expertise we were looking for our E2 visa. Always supportive, extremely knowledgeable and very thorough. Ashoori team is the success factor that resulted in an approved visa!

Michelle M Kang

1675473942

I was very pleased with the work Ashoori Law did for me and am excited to take the next step moving forward in my journey to immigration to the U.S. My decision to work with Ashoori was one of the greatest things I have ever done in my entire life.... During the several months working with the firm, I learned a lot about the firm in addition to my first impression from the initial consultation. Ashoori Law is young, driven, positive, and passionate about helping others achieve their goals and dreams in their lives. They have a keen eye for finding out what you have whether big or small and have the knowledge and skills that turn it into a success. If your chances of success in your immigration journey are 10%, they won’t give up and lead you somewhere you are fully qualified and successful. Of course, you have to be cooperative to make that happen. For example, your honesty, sincerity, determination, professional attitude, communication, etc. will matter all the way to your success. I believe that Ashoori Law has great potential to continue to grow and serve diverse clients from around the world.read more

Adeel ad

1675369694

I recommend this law firm to anyone looking for US immigration lawyer. The attorneys has tons of knowledge and they know what they are doing. The information or advice they give you is 100% correct. Very professional staff. Our attorney Matthew and... Business professional team were outstanding. Matthew and Kimberly also worked during the weekend or after hours to answer all our questions. I’ll definitely come back for future immigration requirements .read more

Ani Mikirdichian

1675115376

Ashoori Law has been a great partner throughout our immigration process. They have made this whole experience very easy and have answered all of our questions along the way. We highly recommend Ashoori Law and can not thank them enough!!

Ruth Ngakae

1675111500

Hello everyone,I wish to testify that Ashoori law firm is the right place for all kind of immigration issues,I personally have the best experience of my life being one of their client.The Ashoori law firm took me all the way from the beginning of my... case till date,the lawyers are so kind and very respectful,patient and understanding,they respond to your calls and reply your emails giving you update of your case and all what is needed to be done,they filled all my paperwork,sent to me to check and sent back to them for any corrections and gave me that warm assurance,as I am talking to you right now, my case has been approved,I am so grateful to God and the Ashoori law firm who sacrificed their time for me till this very moment,I am based in Georgia and they are based in California so bear in mind that distance is not a barrier,please hurry up and call Michael Ashoori and colleagues in any immigration case you have been battling with and then tomorrow you will definitely come here and testify your victory as I am doing now,My sincere big thank you to God Almighty who linked me to Ashoori law firm who has put a beautiful smile on my face and my entire family,Long live Ashoori law firm and God bless y’all 👍🙏🙏🙏🙏🙏🙏read more

Ever Zalazar

1675095317

Ashoori Law handled my working permit application professionally. Their staff is very professional. Since day one, I contacted them; I knew my process would have a positive outcome. During the whole process, I always received the support of the... team, any conference call to follow up was on time, and the information satisfied my questions. I'm delighted to have chosen Ashoori law.read more

Sahan Kaushal (Kawwa)

1675059855

I feel really happy that I have processed my Re-Entry Permit with Ashoori Law. They have been great, very responsive and professional. I would recommend 'Ashoori Law' to any one who is in need of anything related to immigration.I am highly... satisfied with their service. Thanks 'Ashoori Law'.read more

Shota Leladze

1674871442

The team is helpful! I've have the answers on all of my questions I've ever asked to them!

Leah H

1674833566

Our Texas based Endurance Horse Racing company was just approved for our E2 Visa along with our three essential employees yesterday at the Toronto Consulate. I wanted to thank Ashoori Law and their team for such excellent and professional care they... took for our family and business. We had a very unique case with an unusual business type, complicated investment, and three essential employees all being applied for at once. I have no regrets hiring their law firm to walk us through this process step by step ensuring that every t was crossed and I dotted along the way. We placed our lives in their hands, and they truly took care of us. I HIGHLY recommend their services to anyone looking to obtain an E2 status. A special thank you to their team member Christina who always replied promptly and thoroughly to all my questions, taking the time to really understand the uniqueness of our situation and having never met anyone on their team, really making us feel cared for and important.read more

Abdulakim Abrahim

1674829940

Please help me I am from Ethiopia thanks

1674746245

I recommend this law firm to anyone looking for US immigration lawyer. The attorneys has tons of knowledge and they know what they are doing. The information or advice they give you is 100% correct. Very professional staff. Our attorney Rebecca and... Business professional Elaine were outstanding. Rebecca also worked during the weekend or after hours to answer all our questions. I’ll definitely come back for future immigration requirements and will let friends and family know as well.read more

Anne Summanen

1674700602

My family and I got a successful E2 Visa with the help of Ashoori Law. They are well organized and have a system that get things done. With the help of a portal, it made it easy for us to keep on track and to follow our progress. Every one was... extremely professional. Thank you so much! Highly recommended!read more

Pragadeesh Suresh Babu

1674687597

Had a great experience with Ashoori law after I was recommended to them by a colleague. They were very professional and answered all my questions in a timely manner. Definitely recommend!

Antoni Matte

1674652577

With the help of Ashoori law and their team, our application went smoothly and we were able to get our visa.

Brahim Bougrayne

1674620459

Im a citizen from Belgium and has applied voor a E2 visa and thanks too Ashoori Law i have been approved!!His team did a great job, they help you step by step and always can you reach them by phone, email or whatsup!!Thanks Ashoori Law

Adriana HERNANDEZ BERMUDEZ

1674529670

Hello,My name is Adriana, I am from Colombia. I married my husband Edward who is an American citizen in Bogota Colombia in 2013. My husband moved to Bogota in 2015 until we decided in late 2022 it was time for me to apply for my USA Residency.... We started searching for Immigration Lawyers and came accross Michael Ashoori through a referral from EIN Express where I received my ITIN number. We emailed Ashoori Law and quickly received a reply explaining that a phone interview was required. The interviewer was ontime and very efficient in answering all our questions and concerns. We then decided to use Ashoori Law. A list of documents which were needed were sent to us, keep in mind that if you do not provide these Documents in a timely manner Ashoori Law can not do their job to help you. We had one person ¨Zeser¨ from almost the very beginning to assist us with every concern or question until today he continues to answer questions. Ashoori Law office filed all the documents with USCIS in the first week of June, 2022 in January 2023 I received my United States Of America Employment Authorization Card. I sincerely recommend Ashoori Law not only for their excellent customer service but also for their efficient work.Thank You.Adriana Hernández Bermúdez.read more

Escheyder Acosta

1674504347

My company chose Ashoori Law to help me out in getting my work VISA to be able to move to the USA.At first, they send you a welcome email with all contacts and assigned lawyer. I think this is a nice touch so I can get familiar with the people... within the firm I can contact.I felt a little bit lost at first. They have their own sharepoint to upload files and fill out forms. However, after I had my first meeting with Lorianne (my lawyer) everything was cleared out.There was so many information to be gathered for my type of VISA. Lorianne was very helpful in giving us advise on the strategy to follow to present my case. Whole process to gather information took around 3-months.In the end, after one last meeting, we were able to have everything ready to submit. VISA was approved right away without any questions from the immigration department.This firm was great help during my process. I have only worked with Lorianne. However, judging by her response time and customer service, I think overall, it is a great firm for the process they helped me with.read more

Yoonmo Sang

1674433283

I've worked with Ashoori Law's lawyers on multiple occasions and had great outcomes always. In addition, the staff are very helpful and friendly. I would definitely recommend Ashoori Law for anyone.

Akash Giri

1674155687

I recently applied for a green card using the services of Ashoori Law firm. The firm's team are knowledgeable, professional, and attentive to every detail of my case. They helped me every step of the way and were able to answer any questions I had.... The communication was clear and very fast, making me very well -informed every step of the way. They are experts in the field and truly care about the clients. Highly recommended!!!read more

Raja Zulqarnain Haider

1673727230

We just had an E-2 approval from the U.S. consulate Islamabad Pakistan.We found this firm on the internet. When I read on their web page that they specialized in E2 visas, I send an email to Attorney Michael Ashoori for initial consulting. After a... brief phone conversation I was satisfiedThere is quite a lot of paper work involved and documents to be supplied. Our Attorney was Lahaina. She and her whole team prepared our case very efficiently.The best thing about this firm is they have friendly and helpful paralegals. And they have online portal where you can check your status anytime. Plus the whole team is available 24/7!We would definitely recommend using Ashoori lawread more

Phongmanas S

1673551512

Thank you so much everyone for your help. My O1 visa approved because of all your help and guidance and carefully looking on my evidence to submit with USCIS.This is a very good news of my life. It's proved that all my past work has qualify the... ability of myself to work in US.Thank you to all of you and Ashoori law team from the first day that we have talked so far.Regards,Tanread more

Lords Child 777

1673482463

Ashoori Law is the ABSOLUTE best law firm I have dealt with concerning Immigration and much more. Daniel Tierney Atty, is the most professional, intelligent, and courteous etc., Attorney I have communicated with. He is one of the main reasons I have... chose this law firm. This law group uses state of the art telecommunicating program where you are literally so informed and advised before, during, and after your calls with them. Their administration is fabulous as well. A to Z these people are the BEST! Try them and see for yourself.read more

Siranush Vardanyan

1673366640

My husband and I used Ashoori Law Services for our E2 Visa Application. Our case was a challenging one from the beginning but having assigned Rebecca as our attorney, the process started to move forward very smoothly. Rebecca is a highly... professional lawyer, who pays attention to every detail and follow up with every request even during her weekends. We successfully got approval of our case thanks to Rebecca's professionalism and dedication. I have already recommended Ashoori Law firm to some of my friends, who are looking for a professional legal support. We intend to continue working with Ashoori Firm in future as well.read more

Samantha Jacobs

1673240791

Michael and his team are phenomenal, their set up regarding information is an easy step by step guide. We worked with a lady named Rebecca, she was always available when we needed her, answered all our questions when we weren't sure, and definitely... took the stress out of filling an application, this is the second time we have used Ashoori lawyers and will defiantly continue using them in the future.read more

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Michael Ashoori, Esq.

U.S. Immigration Lawyer

I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

Got a question? Send me an email.

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