Family-Based Petition (I-130)

Green Card Through Family: Petition for Alien Relative

U.S. citizens and permanent residents may file a family-based immigration petition on behalf of foreign national relatives. The purpose of this petition, called Petition for Alien Relative (Form I-130) is to determine whether a genuine family relationship exists between an individual seeking a Green Card and a U.S. citizen or lawful permanent resident.

Depending on the legal status of the petitioner and the nature of the relation, foreign national relatives fall into categories of immediate relatives or preference relatives and are given different levels of priority.

Immediate relatives are considered the spouses, children (unmarried and under 21 years of age), and parents of U.S. citizens. There is no wait time for the availability of a visa number for immediate relatives.

Preference relatives are considered the married and unmarried children (over 21) of U.S citizens; siblings of U.S. citizens; and spouses, minor children, and unmarried sons and/or daughters (over 21) of permanent residents. There is a strict limit on the number of visa numbers that are issued each year to preference relatives, so a wait time is likely for these family members.

Preference categories exist depending on the nature of the relationship:

• First preference: unmarried sons and/or daughters of U.S. citizens who are at least 21 years of age
• Second preference: spouses and unmarried, minor children of lawful permanent residents
• Second preference: unmarried sons and/or daughters of lawful permanent residents who are at least 21 years of age
• Third preference: married sons and/or daughters of U.S. citizens
• Fourth preference: siblings of U.S. citizens, if the citizen is at least 21 years of age.

In the Case of Inadmissibility

To be eligible for a Green Card, you must be considered “admissible” to the United States. If, however, you are considered inadmissible, you may be able to apply for a waiver of inadmissibility, depending on which specific grounds of inadmissibility apply to you. If this waiver is granted, your Green Card application may still be accepted.

Learn more about this waiver here.

How We Can Help

Youngblood & Associates will investigate your case and determine whether you are eligible to apply for a Green Card through a family-based petition. We can assist you in the multiple steps of filing your petition and will help you determine the best method to apply and whether or not a waiver will be needed. Our team will provide outstanding representation throughout the entire process of your case.

Why Youngblood & Associates?

Youngblood & Associates practices immigration law exclusively. We focus on providing immigration services to individuals and families and securing temporary foreign workers for employers. Our team has ample experience representing individuals who are navigating the family-based immigration process for or through their relative. We assess each case individually, knowing that every situation is unique and that immigration is a complicated matter. Our legal team will create a legal strategy specific to your situation and work to successfully obtain a path to legal status for you or your family member. We work diligently to keep our clients on track with all requirements and deadlines of the Green Card application process.