When an adult child is in the U.S. and a U.S. citizen or legal permanent resident wishes to sponsor them for a green card (permanent residency), the process can be a bit intricate. It involves various steps, paperwork, and requirements that need to be met. Here's an overview of the process for obtaining a family-based green card for an adult child in the U.S.

Understanding the Categories:  The first step in the process is understanding the different categories under which a U.S. citizen or permanent resident can sponsor an adult child. The process differs depending on whether the sponsoring parent is a U.S. citizen or a permanent resident.

U.S. Citizen Sponsoring an Adult Child

Immediate Relative Category (IR-5): U.S. citizens can sponsor their unmarried adult children (21 years or older) as immediate relatives. There is no annual cap on the number of green cards available under this category, which can lead to faster processing.

Family Preference Category (F1): If the child is married, the application will fall under the Family First Preference (F1) category, which has an annual cap, meaning there might be longer wait times for a visa to become available.

Permanent Resident Sponsoring an Adult Child

A lawful permanent resident (LPR) can only sponsor an unmarried child who is 21 or older under the Family Second Preference (F2B) category. This category also has annual caps, resulting in longer wait times than the IR-5 category.

Petition Process

The immigration process begins when the sponsoring parent files a Form I-130, Petition for Alien Relative. This form establishes the familial relationship between the sponsor and the immigrant (in this case, the adult child). 

For U.S. Citizens:
- U.S. citizens can file for their unmarried adult children as "Immediate Relatives" or under the "Family Preference" categories. 
- If the adult child is in the U.S. already, they may apply for adjustment of status (Form I-485) while the I-130 is pending, assuming there is a visa number available (no waitlist for immediate relatives).

For Permanent Residents:
- A lawful permanent resident must file an I-130 petition for their unmarried child. After approval, the child will be placed in the F2B preference category, where the wait for a visa may be significantly longer.

Wait for Priority Date and Visa Bulletin

Once the I-130 is filed, the next step is waiting for the visa bulletin to show that a visa number is available for the adult child. For immediate relatives of U.S. citizens, this step is not required, but for those in preference categories (F1 or F2B), applicants must wait until their priority date (the date USCIS receives their petition) becomes current in the visa bulletin.

The U.S. Department of State publishes the Visa Bulletin monthly, which outlines which priority dates are currently eligible for processing.

Adjustment of Status or Consular Processing

Once a visa number becomes available, the next step will depend on whether the adult child is in the U.S. or abroad.

-If the adult child is in the U.S.:  The child may apply for an adjustment of status (Form I-485) to become a lawful permanent resident. This process allows the applicant to remain in the U.S. while the application is being processed. 
-If the adult child is outside the U.S.: The applicant will undergo consular processing, which involves attending an interview at a U.S. embassy or consulate in their home country to obtain an immigrant visa. Once the visa is issued, the child can enter the U.S. as a permanent resident.

Final Steps

- If the adult child is granted permanent residency through the adjustment of status process or consular processing, they will receive a green card.
- After receiving a green card, the individual becomes a lawful permanent resident and can live and work in the U.S. They will also be able to eventually apply for U.S. citizenship after meeting the necessary residency requirements (usually five years).

Important Considerations:
- Age Limitations: If the child is married or over the age of 21, they may fall into a different preference category, which can lead to longer processing times due to annual caps on visas.
- Priority Date Delays:  Family preference categories (F1, F2B) can experience significant delays, especially if the priority date is far in the future.
- Changes in Law: Immigration laws and policies are subject to change, so it's crucial to stay up-to-date on the latest developments.

Conclusion

Navigating the immigration process for a family-based green card for an adult child can take time and involves several steps. Whether the sponsoring parent is a U.S. citizen or a permanent resident impacts the processing time and category under which the adult child will apply. Understanding the stages of the process and the requirements involved can help ensure a smooth experience as the family works toward reuniting and obtaining permanent residency in the United States.

If you are considering sponsoring an adult child, it's always a good idea to consult an immigration attorney to ensure that you understand the specifics of your case and avoid any potential issues that may arise during the process.