Family-based immigration visas allow United States citizens and lawful permanent residents (LPR) to petition for their immediate family members. If the family member is outside of the USA, the process starts by filing an I-130 petition. However, if the immediate family member is inside the USA (such as a spouse, parent, or unmarried child under 21), they might be able to apply for both I-130 and I-485 concurrently, allowing them to get a green card inside the USA without leaving.

To determine if your family member is eligible to adjust status and obtain a green card inside the USA, it is important to consult with a competent lawyer. There are many variables that can impact eligibility, such as immigration history, violations, prior filings, removals, contacts at ports of entry, criminal background, prior applications, visas, and status, prior marriages, and other important factors. The same factors also apply if your family member is outside of the USA.

There are two groups of family-based immigrant visa categories: Immediate Relative and Family Preference. Immediate Relative visas are for spouses, parents, and unmarried children under 21 of US citizens and have shorter processing times. Family Preference visas are for more distant relatives and can take much longer to process.