U.S. immigration law allows certain noncitizens who are family members of U.S. citizens and lawful permanent residents to become lawful permanent residents (get a Green Card) based on specific family relationships. If you are the spouse, minor child or parent of a U.S. citizen, please see the Green Card for Immediate Relatives of U.S. Citizen page for information on how to apply for a Green Card. Show
Other family members eligible to apply for a Green Card are described in the following family “preference immigrant” categories: If you are currently outside the United States, see Consular Processing for information about how to apply for a Green Card as a family preference immigrant. Eligibility for Adjustment of StatusIf you are currently in the United States, you must meet the following requirements to be eligible for a Green Card as a family preference immigrant:
Inspected and Admitted or Inspected and Paroled Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. There are some limited exceptions to this eligibility requirement. For more information, see the USCIS Policy Manual Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled”. Eligibility to Receive an Immigrant Visa You are eligible to receive an immigrant visa if you are the beneficiary of:
Bars to AdjustmentGrounds of InadmissibilityTo qualify for a Green Card, you must be admissible to the United States. Reasons why you may be inadmissible are listed in INA 212(a) and are called grounds of inadmissibility. In general, we can only approve your Green Card application if none of the grounds of inadmissibility apply to you. As a family preference immigrant, the following ground of inadmissibility does not apply to you:
If you are inadmissible, the law may allow you to apply for a waiver of inadmissibility or other form of relief. For more information, see Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. If we grant a waiver or other form of relief is granted, we may approve your application for a Green Card if you are otherwise eligible. Whether a waiver or other form of relief is available depends on the specific inadmissibility ground(s) that applies to you and the category you are adjusting under. Eligibility requirements for waivers and other forms of relief vary. For information on the grounds of inadmissibility and waivers, please see USCIS Policy Manual Volume 8, Admissibility, and Volume 9, Waivers. How to ApplyIf you are currently in the United States, an immigrant visa is immediately available to you as a family preference immigrant, and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country. If a visa is immediately available, you may file your Form I-485:
For information on visa availability, see Visa Availability and Priority Dates, Adjustment of Status Filing Charts. You can view the Visa Bulletin on the Department of State's website. What to Submit (Principal Applicant)If you are the named beneficiary of a Form I-130, you are called the principal applicant. As the principal applicant, you should submit the following documentation and evidence to apply for a Green Card as a family preference immigrant who is already in the United States:
Note: Certain forms, including Form I-485, have a filing fee. You must submit the correct filing fee for each form, unless you are exempt or eligible for a fee waiver. Please see our Filing Fees and Fee Schedule webpages for more information. For more information on applying for a Green Card, see the Form I-485 instructions (PDF) (PDF, 1.05 MB) and our forms filing tips webpage. Family MembersIf you are the spouse or unmarried child (under 21 years of age) of a family-based principal applicant, you may apply for a Green Card as a derivative applicant. For more information on derivatives and eligibility for adjustment of status, please see USCIS Policy Manual Volume 7, Part A, Chapter 6, Section C, Subsection C - Derivatives. Eligibility Criteria for Adjustment as Derivative Applicant In order to be eligible for a Green Card as a derivative applicant in a family-based preference category, you must meet the following requirements:
What Derivative Applicants Should Submit If you are a derivative applicant (spouse or child), you should submit the following evidence to apply for a Green Card under a family-based preference immigrant category:
Certain forms, including Form I-485, have a filing fee. You must submit the correct filing fee for each form, unless you are exempt or eligible for a fee waiver. Please see our Filing Fees and Fee Schedule for more information. Employment Authorization and Advance Parole DocumentsLegal ReferenceFor more information, see the following:
How long does it take to get green card for Indian siblings?Since brothers and sisters are not considered immediate relatives (they are in the F4 category), they have to wait for a permanent resident card to become available. It has an annual cap of 65,000 and hundreds of thousands of people apply. Wait time can be anywhere from 2-5 years or longer.
How long does it take for family based green card for India?The Green Card timeline for Parents takes between 6 months and 15 months after form I-130 is approved. Form I-130 can take between 5-26.5 months to be approved, depending on the service center.
How long it takes to petition brothers or sisters from India?Approval for Immediate Relatives
Again, the number of immigrant visas (green cards) issued to immediate relatives of U.S. citizens is unlimited. Most Form I-130 petitions for immediate relatives are approved within a 5 to 9 month time frame, but they can take longer in some cases.
How long does it take to apply for my brother green card?If you've submitted everything correctly and accurately, the application will be approved. This usually takes somewhere between 2 to 5 years. But the waiting time may further extend in some cases. You may be asked to wait until the priority date and the visa bulletin dates become current.
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