Immigrants & Immigration

LPRs are people with permission to permanently live and work in the US. They are also commonly known as “green card holders.” LPR status is permanent. However, it can be revoked for violating immigration laws or committing certain crimes. LPR status can also be intentionally or unintentionally abandoned.

An LPR may be eligible to apply to become a US citizen after five years, or in some cases three years.

LPR status is different from nonimmigrant visa status. Nonimmigrant visas let people come to the US for a specific purpose and limited period of time. They are temporary.

US citizens and LPRs may be able to sponsor certain family members for a green card. Non-citizen US nationals can also sponsor certain family members. They are people born in American Samoa or Swains Island.

Note: People convicted of certain crimes against minors generally cannot sponsor family members.

Only certain family members of US citizens, LPRs, or non-citizen US nationals can get a green card.

Note: LPRs and non-citizen US nationals can sponsor the same types of family members. Going forward, this article will refer only to LPR sponsors.

The following family members of US citizens can apply for green cards:

• Their spouse,
• Any unmarried children under 21 years old, and
• The parents of the US citizen, if the sponsor is at least 21 years old.

These three types of family members are called “immediate relatives.” They are immediately eligible to apply for a green card once their petition is approved. Only US citizens can sponsor immediate relatives. 

Certain other family members of US citizens can apply for green cards:

• Unmarried adult sons or daughters of US citizens,
• Married sons and daughters of US citizens, and
• The siblings of US citizens who are at least 21 years old.

They are called “preference category” immigrants. Preference category immigrants may not be eligible for a green card right away.

LPRs can only sponsor:

• Their spouse,
• Their minor unmarried child under the age of 21, and
• Their unmarried adult child over 21 years of age.

All LPR beneficiaries are preference category immigrants. Unlike US citizens, LPRs cannot sponsor their parents, siblings, or their married adult children over 21 years old.

Immediate relatives are eligible for a visa as soon as their sponsor’s petition is approved. If the immediate relative beneficiary is in the US, and they’re eligible for adjustment of status, they can submit everything together to USCIS in one filing. This is known as a “one-step” filing or concurrent filing.

Advantages to doing a one-step filing are that everything can be submitted together at one time. This may make the process go faster since USCIS does not have to wait for the beneficiary to submit an application after the petition is approved. A disadvantage would be that all necessary filing fees must be paid together, which can be very expensive.

The Immigration and Nationality Act (INA) has a specific definition of child for family-based immigration purposes. To be considered a child, a person must be under 21 years old and unmarried. If a person meets the definition of child, then their US citizen or LPR parent can sponsor them for a green card.

If someone is under 21 years but legally married, they cannot be considered a child for immigration purposes. Legally adopted children can also meet this definition if they were adopted before they turned 16 years old and they have been in the legal and physical custody of the adopting parent or parents for at least two years before applying.

Step-children are considered the same as biological children, as long as their step-parent and biological parent married before the child was 16 years old.

In Illinois, children born when their biological parents were not married (also known as born “out of wedlock”) have the same rights as children born to married parents. Therefore, children born out of wedlock in Illinois can still be considered a child of a petitioning parent.

Note: For people living outside of Illinois, the rules for children out of wedlock may be different. Consult a local immigration attorney or Department of Justice (DOJ) accredited representative to learn more.

There are special rules about how to handle a child turning 21 before the green card process is complete. Learn more about aging out here.

Generally, getting a green card from a family member is a two-step process:

• Step 1: The sponsor must file a Form I-130, Petition for Alien Relative.
• Step 2: Once the I-130 is approved, the beneficiary can apply for a green card through adjustment of status or consular processing. 

Important: An approved Form I-130 provides no immigration status to the beneficiary. To get a green card, the beneficiary must file a separate application.

When the I-130 is approved, the beneficiary can file for a green card when a visa becomes available.

If the beneficiary is an immediate relative, they are immediately eligible to file for a green card when the petition is approved. If the beneficiary is in the US, they may even be able to file for a green card at the same time as they file their petition. This is called a “one-step” or concurrent filing. All non-immediate, preference category relatives will have to wait until a visa becomes available.

If the beneficiary is outside of the US when their sponsor’s petition for them is approved, they must consular process. This means they must request a green card from the Department of State (DOS). The request is processed overseas at a US consulate or embassy. Learn more about family-based immigrant consular processing on the DOS website.

If a beneficiary is located in the US when their sponsor’s petition for them is approved, they may be eligible to file for a green card without leaving the country. This process is called adjustment of status. 

Not everyone who is in the US can adjust their status. This area of law is complicated, and leaving the US can sometimes trigger bars on returning. Anyone unsure about their immigration status should talk to an immigration lawyer before deciding to leave the US. 

There are many requirements that someone needs to meet to qualify for adjustment of status. There are also some exceptions that may apply to the rules for certain people. 

Generally, to qualify for adjustment of status, the beneficiary must show all of the following:

• They are physically present in the US when they file,
• They were “inspected” and “admitted or paroled” into the US, 
• They are the beneficiary of an approved family-based petition (Form I-130), unless filing concurrently,
• An immigrant visa is immediately available to them at the time they file,
• They are not inadmissible, or they qualify for a waiver,
• They never worked without authorization, and
• They always maintained lawful status while physically in the US.

A visa is always available to immediate relatives of a US citizen. Preference category immigrants must wait until a visa is available to adjust status. This can take many months or even years.

People who entered the US without inspection (EWI) are rarely able to adjust their status. EWI generally means people have snuck in through a border without being detected by Customs and Border Protection (CBP). There are extremely limited exceptions available for people who EWI’d. 

People who worked without authorization or did not have lawful status in the US at any time do not qualify for adjustment. There are exceptions for immediate relatives, VAWA self-petitioners, and other less common categories of immigrants.

It’s important to consult with an experienced immigration attorney or DOJ-accredited representative. They can help determine whether a beneficiary might be eligible for adjustment of status, whether any exceptions apply, and the risks of filing. These situations are highly technical and specific. This is particularly important if the beneficiary does not have any lawful status in the US and is at risk for deportation.

This means that a non-citizen spoke with an immigration officer at a port-of-entry, and the officer let them into the country. Speaking with an immigration officer is the inspection part. The officer letting them in is either an admission or parole. People who did not speak to an immigration officer and snuck in through a border are not considered inspected. Therefore, they were not admitted or paroled. 

Parole in place (PIP) is a special process that helps US citizen and LPR military servicemembers and their family members. They can sponsor the same family members as non-military sponsors.

Generally, if a person EWI’d, they cannot adjust status in the US. This is because they have not been inspected and admitted or paroled. If a person EWI’d and has a qualifying US military family member, they can apply for PIP. PIP is a type of parole. If someone gets PIP, they can apply for a green card without having to leave the US to consular process. PIP also allows the beneficiary to apply for work authorization.

Parole in place is granted on a case by case basis for military families. PIP is not available to family members who have overstayed their visa. Learn more about the requirements for parole in place.

A beneficiary must complete Form I-485, Application to Register Permanent Residence or Adjust Status. This form asks about the beneficiary's background, immigration history, and eligibility for a green card.

The beneficiary will need to provide a copy of the Form I-130 approval notice, or proof the I-130 was filed at the same time. They must also provide evidence of their identity, and immigration and criminal history, like:

• Two passport-style photos,
• A copy of a government-issued photo ID,
• A copy of their birth certificate, 
• Proof of inspection, and admission or parole into the US, such as a copy of their I-94 arrival record,
• Certified dispositions for any criminal arrests, charges or convictions even if the case was dismissed or expunged.

Every beneficiary must also submit Form I-693, Report of Medical Examination and Vaccination Record. It must be completed by a USCIS-designated civil surgeon, to show they are not inadmissible on health grounds. This form must remain sealed in the envelope the civil surgeon provided. If anyone opens it before a USCIS officer reads it, the results will be invalid.

The Form I-485 instructions and checklist of required initial evidence list the specific documents needed based on the beneficiary's situation. USCIS will also collect biometrics (fingerprints and a photo) and may request more information for background checks.

Note: The sponsor must submit a Form I-864, Affidavit of Support with the beneficiary's application. A beneficiary can also ask for permission to work and travel while the case is pending by filing Form I-765 and Form I-131.

Sponsors must submit a Form I-864 Affidavit of Support when the beneficiary applies for their green card. This is a legal contract the sponsor makes with the US government. It says that the sponsor has legal responsibility for financially supporting that family member.

The sponsor must show they have household income at or above 125% of the federal poverty line. The sponsor must also agree to financially support the beneficiary.  This legal responsibility generally lasts until the beneficiary becomes a US citizen or works for ten years. It ends if either the sponsor or the sponsored person dies, but it does not end with divorce. Even if they divorce, the sponsor is still financially responsible for the beneficiary. 

If the beneficiary receives certain public benefits, the sponsor may be responsible for paying back the government the value of those benefits. If the sponsor cannot meet the income requirements, another person must file an affidavit of support. This person is called a “joint sponsor.” The joint sponsor does not have to be related to the beneficiary.

There are several fees that need to be paid as part of getting a green card from a family member. The below fees are current as of July 2026.

• Sponsorship Form I-130: The online filing fee is $625. It costs $675 to file by paper. This form and fee is required for both adjustment of status and consular processing.
• If the the beneficiary is adjusting their status in the US, then they must pay the following fees to USCIS:
  • Form I-485: The online filing fee is $1,390 to file online. The cost is $1,440 if filed by paper. If a child under 14 years old is filing a Form I-485 at the same time as a parent is filing a Form I-485, their fee is $900 if filed online, and $950 if they file by paper.
• If the beneficiaries are overseas and are consular processing they must pay the following fees:
  • DOS Immigrant Visa Application Fee: $325
  • USCIS Immigrant Fee: $235. This fee is paid only after the beneficiary’s visa has been approved by the DOS and picked up. It can be paid before arriving in the US or after. It’s recommended to pay before if possible. USCIS will not issue a physical green card if this fee isn’t paid.
• Inadmissibility waivers (if applicable): If the beneficiary is inadmissible, then they may need to file a Form I-601, Application for Waiver of Grounds of Inadmissibility. This form costs $1,050 and can only be filed by paper with USCIS. This form can be used by beneficiaries consular processing or adjusting status.

If the beneficiary is an immediate relative and eligible for adjustment of status, they can file the Form I-130 together with their adjustment of status application, and pay all the associated fees. 

The total amount a person pays depends on several factors including whether they are consular processing or adjusting status, whether they need an inadmissibility waiver, and whether they file online or by paper. The beneficiary will also need to get a medical exam during the process. The cost of these exams varies. USCIS offers a fee calculator on their website to help people get an estimate of their immigration related costs.

The process can take many years. First, the Form I-130 has to be approved. To determine how long Form I-130s are taking to be approved, go to the USCIS Processing Times page. As of July 2026, I-130s filed by US citizens for immediate relatives are taking 72 months to process. After the petition is approved, then the beneficiary must apply for a green card, either through adjustment of status or consular processing. Once submitted, this can also take months to years to be approved.

For approved immediate relatives, visas are always available with no wait time. Even if they do a one-step filing, it still takes time to process the application, and this can take months to years. 

Some common challenges with family-based immigration are:

• The sponsor’s need to show financial support of the beneficiary,
• Potentially, very long wait times for visa availability,
• Proving a marriage is bona fide and not fraudulent, 
• Gathering and translating documents needed for the application,
• Navigating inadmissibility, and
• Paying fees.

Consult with an experienced immigration attorney or DOJ-accredited representative before deciding to get a green card from a family member. They can help assess how risky it is for the sponsor and beneficiary, prepare the applications, and select the best evidence for the application.