In Episode 9 of the ImmiGreat Podcast, Richard Wilner breaks down one of the most fundamental topics in U.S. immigration law: how green cards work through family-based immigration.
As a Founding Shareholder of Wilner & O’Reilly and a Board-Certified Specialist in Immigration and Nationality Law, Richard explains the two primary pathways to permanent residency and focuses this episode on the family-based system, including immediate relatives and preference categories.
The Two Paths to a Green Card
There are only two ways to obtain lawful permanent residence (a green card) in the United States:
- Family-based immigration
- Employment-based immigration
In this episode, the focus is on family-based immigration, which is one of the most common pathways for individuals seeking permanent residency .
Immediate Relatives: The Fast Track
Immediate relatives of U.S. citizens are in the fastest category for green cards because there is no annual visa cap.
Immediate relatives include:
- Spouses of U.S. citizens
- Parents of U.S. citizens
- Children (under 21) of U.S. citizens
In immigration law, a “child” specifically means under 21 years old. Once a person turns 21, they move into a different category with longer wait times.
In many cases, immediate relatives can apply for a green card from within the United States, depending on how they entered and other factors.
Family Preference Categories: Longer Wait Times
If someone does not qualify as an immediate relative, they fall into one of the family preference categories, which are subject to annual limits and backlogs.
These categories are divided by both relationship and country of origin, with some countries (such as Mexico, India, China, and the Philippines) experiencing longer wait times.
First Preference (F1): Adult Children of U.S. Citizens
This category includes:
- Unmarried sons and daughters (over 21) of U.S. citizens
Wait times can be significant—often 10 to 15 years or more.
During that time, individuals in the U.S. must maintain valid immigration status or may be required to complete processing abroad.
Second Preference (F2): Family of Green Card Holders
This category is divided into two groups:
F2A:
- Spouses of green card holders
- Children (under 21) of green card holders
F2B:
- Unmarried adult children (over 21) of green card holders
Unlike U.S. citizens, green card holders cannot sponsor married children .
Third Preference (F3): Married Children of U.S. Citizens
This category includes:
- Married sons and daughters of U.S. citizens
These cases often take 15+ years and can include the beneficiary’s spouse and minor children as derivative beneficiaries.
Fourth Preference (F4): Siblings of U.S. Citizens
This category allows U.S. citizens to sponsor:
- Brothers and sisters
However, wait times are among the longest in immigration law, often 20 years or more.
Why Timing and Strategy Matter
Family-based immigration is not a one-size-fits-all process.
Some cases move quickly, particularly immediate relatives, while others can take decades depending on the category and country of origin.
Additionally:
- Maintaining legal status during long wait times is critical
- Falling out of status may require consular processing and potential waivers
- Planning early can significantly impact long-term outcomes
Clearing Up Common Misconceptions
There is often confusion around terms like “chain migration” and how family-based immigration actually works.
As Richard explains, not all family relationships are treated the same:
- Some qualify for immediate processing
- Others are subject to strict limits and long backlogs
- Some relationships may not qualify at all
Understanding these distinctions is essential when evaluating immigration options.
Key Takeaways
Family-based immigration remains a primary pathway to U.S. permanent residency.
Key points to remember:
- There are only two paths to a green card: family-based and employment-based
- Immediate relatives of U.S. citizens have the fastest processing times
- Preference categories are subject to caps and long delays
- Wait times can range from a few months to decades
- Strategic planning is critical for long-term success
Watch or Listen
Watch the full Episode 9 here:
https://youtu.be/ScvpfQ07yp4
Listen to the podcast:
https://www.buzzsprout.com/2571796/episodes/19018662
Need Help With a Green Card Case?
If you are considering family-based immigration or want to understand your options for obtaining a green card, experienced guidance can make a meaningful difference.
Contact Wilner & O’Reilly:
https://www.wilneroreilly.com/contact/
For more insights, visit our Immigration Blog:
https://www.wilneroreilly.com/blog
About the ImmiGreat Podcast
The ImmiGreat Podcast, hosted by Richard Wilner, provides practical, real-world insight into complex immigration topics affecting individuals, families, and employers. Each episode is designed to help listeners better understand their options and next steps.
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