If you are a U.S. citizen or Legal Permanent Resident (“LPR”) with family living outside of the U.S. or residing within the U.S. in certain situations, you may want to sponsor them so that they can get a green card and legally live in the United States as legal residents. Although there are many options when it comes to family-based immigration, it can be challenging to understand what your options are, whether you meet the eligibility requirements, and what type of petition you need to file.

At The Berdugo Law Firm, APC, we are dedicated to providing our immigration clients with the legal guidance they need as they navigate their immigration cases. Keep reading to find out who is eligible for family-based green cards and what the different categories are for family members.

Family-Based Green Card Eligibility Categories

The first thing you need to understand when sponsoring a family member is who is eligible for family-based green cards. Family-based green cards can feel complex since the petitioning process will look different depending on your relative’s connection to you, such as:

• Immediate relatives of an immediate relative of a U.S. citizen
• Preference relative of a U.S. citizen or green card holder
• Accompanying relative of someone in a preference category

When it comes to getting a green card through family, the easiest cases are when your family member falls into the category of being an immediate relative. Immediate relatives are spouses, unmarried children under the age of 21, and parents of U.S. Citizens age 21 or older.

For family members falling into the preference relative category, obtaining a green card is still possible, but it can take significantly more time and may have additional hurdles. This can include family members such as unmarried children over the age of 21, married children of a U.S. citizen, sisters or brothers of a U.S. citizen, and spouses of a green card holder.

Depending on the family member relationship, different types of visas may be required, which come with different application forms and required documentation. Because of this, it is highly recommended that you hire an experienced immigration attorney to represent your case and ensure you apply for the correct visa to avoid any unnecessary delays.

Who is Eligible to be a Sponsor?

Aside from understanding who is eligible for family-based green cards, you also need to know the eligibility requirements for sponsors. As a sponsor, you will be responsible for filing the petitions on behalf of your family members, compiling important documentation, and being financially responsible for supporting them, to a certain extent, by filing Form I-864.

The eligibility requirements for green card sponsors include:

• Being a U.S. citizen or lawful permanent resident
• Being able to financially support the family member
• Being at least 18 years old to serve as as a sponsor or co-sponsor

How to Get a Green Card For a Family Member

If you wish to petition a family member for a green card, there are certain steps you will need to follow to increase your chances of being approved. Keep in mind that the processing time for green cards can range from a few months to many years, depending on the family visa category and other factors regarding the petition. Those applying from within the United States or outside of the United States will also experience different timelines, and the adjustment of the status process will also look different for those applying from within the U.S.

Here is the basic step-by-step process involved when you apply for any type of green card:

• File the petition: After determining the right of visa category and locating the correct forms, you will need to file the petition for your family member.
• Green card application: When you are notified that your petition has been approved you can then officially file a green card application with the U.S. Citizenship and Immigration Services office (“USCIS”) or file a visa application with the U.S. Department of state.
• Green card interview: Depending on the situation, the family member you are sponsoring may be required to attend a green card interview at a U.S. consulate, embassy, or the USCIS office closest to your home.
• Receive a decision: If the green card application is approved, your family member will receive their green card, which grants them lawful permanent resident status in the U.S. If denied, you will receive information regarding why the green card application was not approved.

It is essential to hire an experienced immigration attorney to help you navigate the process of petitioning for a family member and applying for a green card. Experience in these areas can help you navigate any challenges that come up, as well as help you identify essential pieces of documentation that may prove to be the difference in your case.

How Much Does a Family-Based Green Card Cost?

Although the fee structure for family-based green cards can change quite frequently, as with other types of visas and green cards, it can be helpful to have an idea of how much this will cost. The standard family-base green card form you will usually be filing is Form I-130 and costs $625 to file online or $675 to file by paper, but is subject to change per USCIS guidelines.

When you apply to register as a legal resident via Adjustment of Status, this application will also come with its own filing fees. A standalone application for Form I-485 is $1440 or $950 for a child under 14 filing with a parent. There are also many other categories with different fees.

You may also run into other filing costs depending on your specific situation and you should always be up-to-date with the most recent fee adjustments or your application will be denied.

Contact an Immigration Attorney at The Berdugo Law Firm

If you want to start the process of family-based immigration so your loved one can get approved for a green card, there are specific steps you need to take. The most important aspect of this process is understanding the different green card categories and the eligibility requirements you have to meet for them.

At The Berdugo Law Firm, we are committed to providing our clients with expert, yet straightforward guidance throughout the process of applying for a green card and sponsoring a family member. Contact us today at 323-642-9933 to speak about your case.