If you're wondering whether you—or someone you love—can get a green card through a family relationship, you're in the right place.
In this article, we’re focusing only on family-based green cards. That means we’re not diving into employment visas, humanitarian options like asylum, or other paths to permanent residency.
Our goal is simple: to help you understand who qualifies for a green card based on a family relationship, how the process works, and what to expect as you get started.
What “family-based” means
So what exactly is a family-based green card?
At its core, it means you’re applying for a green card through a qualifying family relationship with a U.S. citizen or permanent resident. U.S. immigration law allows citizens and green card holders to sponsor certain relatives to come live and work in the U.S. permanently.
These relationships fall into two main categories:
1. Immediate Relatives of U.S. Citizens
This is the fast track. There’s no limit on the number of green cards available each year in this category, which helps speed things up.
Immediate relatives include:
- Spouses of U.S. citizens
- Unmarried children under 21 of U.S. citizens
- Parents of U.S. citizens (if the sponsoring child is 21 or older)
2. Family Preference Categories
This category includes other close relatives, but with a catch, there are limits on the number of visas issued each year, which often creates long waiting lines.
These include:
- Unmarried adult children of U.S. citizens
- Spouses and children of green card holders
- Siblings of U.S. citizens (this one has the longest wait—often 10+ years)
Understanding where your relationship fits is the first step in figuring out your options—and your timeline.
Are you an immediate relative?
This is one of the most important questions in the family-based green card process—because if the answer is yes, your path just got a whole lot easier.
As we mentioned earlier, immediate relatives of U.S. citizens don’t have to wait in line for a visa. There’s no annual cap, which means green cards are always available in this category.
So, who counts as an “immediate relative”?
Under U.S. immigration law, the following people qualify:
- Spouses of U.S. citizens
- Unmarried children under 21 of U.S. citizens
- Parents of U.S. citizens (but only if the U.S. citizen is 21 or older)
That’s it. It’s a pretty exclusive list—but it comes with major benefits.
Why does this matter?
If you fall into this group:
You can usually apply for a green card without long wait times
- Certain immigration violations (like working without permission) may be forgiven under special rules
- You might be eligible to adjust status from inside the U.S. if you entered lawfully
If you’re not an immediate relative, don’t worry—you might still qualify under the family preference categories. It just means your process may take longer.
If not an immediate relative: family preference categories
Not an immediate relative? You might still qualify for a green card—but you’ll fall into what’s called a family preference category.
These categories are for more extended family relationships, and unlike immediate relatives, they’re subject to annual visa limits. That means there’s a waiting line, and in some cases, it can be very long.
Here’s a quick overview of the most common family preference categories:
- Unmarried Adult Children of U.S. Citizens (21 or older): This is called F1 in immigration terms.
- Spouses and Unmarried Children of Green Card Holders: This includes two groups: Spouses and unmarried children under 21 (F2A) and Unmarried children 21 or older (F2B)
- Married Children of U.S. Citizens: This is the F3 category and includes their spouses and children.
- Siblings of U.S. Citizens: This is F4, and it’s one of the longest waits—often 10 to 20 years depending on the country.
Even if you qualify under one of these categories, you might be waiting months or years for a visa to become available. The timeline depends on:
- Your country of origin
- The specific category you’re in
- How many people are already in line ahead of you
If you’re in one of these categories, it's especially important to stay on top of paperwork, deadlines, and long-term planning.
Where are you right now? (inside vs outside the U.S.)
Once you know what category you’re in, the next big question is: Where are you physically located right now? . Your current location plays a huge role in which immigration process you'll follow.
If you’re outside the U.S.
You’ll most likely go through a process called consular processing. Here’s the basic flow:
- I-130 petition is filed by your sponsoring relative
- Once approved, your case is sent to the National Visa Center (NVC)
- You complete forms and submit documents to the NVC
- You attend an interview at a U.S. consulate or embassy
- If approved, you enter the U.S. as a permanent resident with your green card
This is the standard route for most applicants abroad—and while the process takes time, it’s very common and straightforward when done right.
If you’re inside the U.S.
You may be eligible for Adjustment of Status (AOS)—which lets you apply for a green card without leaving the country. To qualify for AOS, you generally need:
- A lawful entry (you came in with a visa or were paroled)
- To be in an eligible relationship category (especially immediate relatives of U.S. citizens)
- To meet other requirements like admissibility
If you're not eligible for AOS—due to unlawful entry, past visa violations, or other issues—you may need to leave the U.S. and complete the process through consular processing, possibly with a waiver for certain bars or penalties.
Do you have a lawful entry?
This is one of the most important questions in the green card process—especially if you're already in the U.S.
What Counts as a Lawful Entry?
A lawful entry means you:
- Entered the U.S. with a valid visa or travel document,
- Went through inspection by a U.S. immigration officer at a port of entry (like an airport or land border),
- And were admitted or paroled into the country.
Example: You flew in on a tourist visa and went through customs—that’s a lawful entry.
What Doesn’t Count?
If you crossed the border without going through inspection, that’s considered entry without inspection (EWI)—and it’s not a lawful entry under immigration law.
Do you currently have lawful status in the U.S.?
If you’re already in the U.S., your current immigration status plays a big role in whether you can apply for a green card from inside the country—or if you’ll need to go through consular processing abroad.
Let’s walk through three common scenarios:
Scenario 1: Lawful Entry + Immediate Relative of a U.S. Citizen
Good news here—if you:
- Entered the U.S. lawfully, and
- You’re the spouse, parent, or unmarried child (under 21) of a U.S. citizen,
Then you can often apply for Adjustment of Status (AOS) even if your visa has expired.
That’s one of the biggest perks of being an immediate relative. In many cases, things like overstaying your visa won’t block your ability to get a green card.
But it’s still important to get legal advice. The details always matter.
Scenario 2: Inside U.S. + lawful entry + not an immediate relative
If you entered the U.S. lawfully but you’re not an immediate relative (you’re in a family preference category), it’s a bit more complicated.
In most cases:
- You must maintain lawful status while waiting for a visa to become available
- Overstaying your visa or falling out of status could block you from adjusting status inside the U.S.
So if your green card category has a waiting line, keeping your immigration status current while you wait is very important.
Scenario 3: Inside U.S. + no lawful entry
If you entered the U.S. without inspection, meaning no visa, no border check—then you usually can’t adjust status inside the U.S. But there are exceptions. In certain cases, you might qualify for:
- Consular processing with a waiver (to forgive unlawful presence)
- Parole in place (PIP) if you're a family member of someone in the U.S. military
These are more complex cases, but don’t give up hope. Legal strategy and timing make all the difference.
Common “Who can apply?” questions
Can I apply if my visa expired?
If you're an immediate relative of a U.S. citizen and had a lawful entry, yes—you can often still apply through Adjustment of Status. But the details matter, so talk to a lawyer.
Can I apply if I entered without inspection?
Usually not from inside the U.S.—but some people qualify for consular processing with a waiver, or Parole in Place if they’re in a military family.
Do I have to leave the U.S.?
It depends on your situation. If you can’t adjust status in the U.S., you may need to leave for your green card interview. Leaving without a plan can trigger penalties, so get legal advice first.
What if my petitioner is a green card holder, not a citizen?
You may still qualify, but you’re in a preference category—which usually means longer wait times and the need to maintain lawful status while you wait.
What if I have a complicated history?
Whether it's past immigration violations, prior removals, or a criminal record—you might still have options, but these cases always need personalized legal strategy.
Conclusion
Family-based immigration can feel overwhelming, but once you understand where you fit, immediate relative or family preference, inside or outside the U.S., lawful or unlawful entry—you’re in a much better position to move forward with confidence.
Whether your case is straightforward or full of twists and turns, the key is this: Get informed. Get a plan. And get help when you need it.
At Tingen Law, we’ve helped hundreds of families figure out the best path to reunite and stay together legally. If you're not sure what applies to you or if you're worried about a visa overstay, unlawful entry, or past issues—we're here to help.