Parents, spouses and minor children of U.S. Citizens are immediately eligible to apply for a green card in the United States. For everyone else, the process occurs in two steps and can take several months to several years to complete.
First, the sponsoring U.S. Citizen or Lawful Permanent Resident files an immigrant petition (I-130) with the DHS. The sponsored family member is placed into one of five categories, which determines when that person can move on to the second step (i.e. filing for the green card.)

Family members eligible for sponsorship are broken into the following categories:

• First Preference: Unmarried sons and daughters of U.S. Citizens (21 years or older)
• Second Preference A: Spouses or children of aliens lawfully admitted for permanent residence
• Second Preference B: Unmarried sons or daughters of aliens lawfully admitted for permanent residence
• Third Preference: Married sons or daughters of U.S. Citizens
• Fourth Preference: Brothers or sisters of U.S. Citizens, if U.S. Citizen is at least 21 years old

The date the sponsoring family member files the immigrant petition with the DHS is called the “priority date”. When a sponsored family member’s priority date is “current” that person is allowed to apply for the green card, either at the U.S. Consulate if abroad, or with the DHS if in the United States.

Why are the processing times so long? Because the U.S. Government has a quota setting the maximum number of people in each category who can be given lawful permanent resident status per year. Each month, the U.S. Government issues a table of processing times by category, so a person can easily track when he or she is eligible to apply for a green card.

Persons who are unlawfully present in the U.S. should always consult a competent immigration attorney before having a relative petition filed for them. I have successfully obtained green cards for family members with complex out of status issues.

If you think you need a lawyer to handle your immigration case, please contact Ms Troy to arrange a consultation to discuss your options. Located in San Francisco, Immigration Attorney Christine Troy can help guide you through the various legal processes and resolve any issues regarding your case. Ms Troy works on cases in San Francisco, the San Francisco Bay Area, Northern and Southern California, across the United States, and internationally.