Family is the most common route to permanent residence for immigrants in Florida. A U.S. citizen or lawful permanent resident (green-card holder) who lives in Miami, Orlando, Tampa, Jacksonville, or anywhere else in the state can petition for certain relatives to immigrate. This guide explains how family-based green cards work, the difference between immediate relatives and the preference categories, and the two ways to finish the process — adjustment of status inside the U.S. or consular processing abroad.

Remember that immigration is federal law. Family green cards are governed by the Immigration and Nationality Act (INA), 8 U.S.C., and 8 C.F.R., and administered by U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State — not by any Florida statute. This is general information, not legal advice; consult an immigration attorney about your own case.

Who can petition and for whom

The process starts with Form I-130, Petition for Alien Relative, filed by the U.S.-citizen or LPR family member (the “petitioner”) for the relative who wants to immigrate (the “beneficiary”). The I-130 proves the qualifying relationship. The relationships fall into two groups under INA §§ 201–203 (8 U.S.C. §§ 1151–1153):

Immediate relatives of U.S. citizens — spouses, unmarried children under 21, and parents (if the citizen is 21 or older). There is no annual cap on this group, so no waiting line for a visa number.

Family preference categories, which are numerically limited each year:

  • F1: unmarried adult sons and daughters (21+) of U.S. citizens.
  • F2A: spouses and unmarried children (under 21) of LPRs.
  • F2B: unmarried adult sons and daughters (21+) of LPRs.
  • F3: married sons and daughters of U.S. citizens.
  • F4: brothers and sisters of adult U.S. citizens.

Note that LPRs cannot petition for parents or siblings, and no one can petition for in-laws, cousins, aunts, uncles, or grandparents through these categories.

Priority dates and the Visa Bulletin

For preference categories, the day USCIS receives the I-130 becomes your priority date — your place in line. Because each category and country has an annual limit, you wait until your priority date is “current” under the U.S. Department of State’s monthly Visa Bulletin before a green card can be issued. Waits range from a few years to well over a decade, and they are longest for high-demand countries. Immediate relatives skip this line entirely because their category has no cap.

Two ways to finish: adjustment vs. consular processing

Once a visa is available, the immigrant completes the process one of two ways:

Adjustment of status (Form I-485) is for people already inside the United States who entered lawfully (with some exceptions) and are otherwise eligible. A Florida resident files with USCIS, attends biometrics, and usually interviews at a USCIS field office such as Miami (Kendall), Tampa, Orlando, or Jacksonville. Applicants can typically file Form I-765 for a work permit and Form I-131 for advance parole travel at the same time. Adjustment is governed by INA § 245 (8 U.S.C. § 1255).

Consular processing is for beneficiaries abroad (or those not eligible to adjust). After the I-130 is approved, the case moves to the National Visa Center and then to a U.S. embassy or consulate, where the immigrant attends an interview and, if approved, enters the U.S. with an immigrant visa that becomes a green card.

The financial sponsor: Form I-864

Almost every family-based case requires an Affidavit of Support, Form I-864 (INA § 213A, 8 U.S.C. § 1183a). The petitioner promises to financially support the immigrant and must usually show income at or above 125% of the federal poverty guidelines. If the petitioner’s income is too low, a joint sponsor can help. This is a legally enforceable contract that can last until the immigrant naturalizes or earns 40 qualifying work quarters.

Marriage cases and conditional residence

Marriage-based cases get extra scrutiny because of fraud concerns. If the marriage is less than two years old when the green card is approved, the immigrant receives a conditional two-year green card. Before it expires, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence (INA § 216, 8 U.S.C. § 1186a). Waivers of the joint-filing requirement exist for divorce, abuse, or hardship. Couples in Florida should keep solid evidence of a bona fide marriage — joint leases or deeds, bank accounts, insurance, photos, and the like.

Common obstacles: inadmissibility

Even with an approved petition, certain grounds of inadmissibility under INA § 212 (8 U.S.C. § 1182) can block a green card — for example, certain criminal history, prior immigration violations or unlawful presence, fraud, or health-related grounds. Some of these can be overcome with a waiver (such as Form I-601 or the provisional unlawful-presence waiver, Form I-601A). Because the analysis is technical, anyone with a complicated history should consult an attorney before filing.

How this connects to the rest of immigration law

A family green card is often the first step toward U.S. citizenship — see citizenship and naturalization in Florida. If you are already in removal proceedings, adjustment of status may still be available as a defense; see deportation and removal defense in Florida. For the big picture, return to our complete guide to immigration law in Florida.

Frequently asked questions

How long does a marriage green card take in Florida?

For the spouse of a U.S. citizen (an immediate relative), there is no visa-number wait, so timing depends mainly on USCIS processing, which often runs many months to over a year for an adjustment-of-status case with an interview at a Florida field office. Spouses of green-card holders (F2A) may also wait for a priority date, though that category is frequently current.

Can I work while my green-card case is pending?

If you are adjusting status with Form I-485, you can usually file Form I-765 for an employment authorization document at the same time and work once it is approved. Consular-processing applicants abroad cannot work in the U.S. until they enter with the immigrant visa.

What is the difference between adjustment of status and consular processing?

Adjustment of status (Form I-485) is done inside the United States with USCIS, usually for people who entered lawfully. Consular processing is done at a U.S. embassy or consulate abroad. Which one applies depends on where you are and how you entered.

Do USCIS fees for family petitions change?

Yes. USCIS adjusts filing fees periodically and updates form editions. Always confirm the current fee, the correct edition of each form, and the proper filing address on the official USCIS website before submitting your I-130 or I-485.

Find a Florida immigration attorney

Family-based cases involve overlapping forms, financial sponsorship rules, and inadmissibility traps that can derail an otherwise straightforward petition. A licensed Florida immigration attorney can confirm the right category, prepare the I-130 and I-485 or consular package, and represent you at a Miami, Tampa, Orlando, or Jacksonville interview. Consider consulting one about your specific situation.