By Gerald Gornik, Immigration Attorney, Vista Legal Services (Ontario, California) | Last reviewed: September 2026
Many families expect a family-based green card to follow a simple path: prove the relationship, file the forms, and wait. In practice, cases stall for reasons that have little to do with whether the family relationship is real. A missing document, a gap in a sponsor’s income, an old overstay, or a new government policy can each add months.
A delay doesn’t mean a denial. Some cases need corrected paperwork or more evidence; others need a waiver or a different filing route. The earlier a problem is spotted, the more options a family usually has.
Why Cases Stall, at a Glance
| Problem | What usually happens | What helps |
| Wrong fee, missing signature, outdated form | Rejection; the case must be refiled | Check current forms and fees before mailing |
| Thin or inconsistent evidence | Request for Evidence (RFE), adding months | File a complete, consistent record |
| Waiting for a visa number | Years of waiting in preference categories | Know your category and priority date |
| Overstay, unlawful presence, or misrepresentation | Possible bars; waiver may be needed | Screen immigration history before filing |
| Criminal record | Possible inadmissibility | Obtain certified court records early |
| Sponsor income too low | Case can’t be approved as filed | Add assets or a joint sponsor |
| Nationality subject to a 2026 hold or pause | Adjudication or visa issuance paused | Check current USCIS and State Department guidance |
Filing Mistakes That Send a Case Back to the Start
USCIS draws a line between a rejection and a Request for Evidence. A filing with the wrong fee, a missing signature, or an outdated edition of a form is typically rejected and returned, and the family has to refile. That matters because USCIS fees changed substantially in April 2024, and forms are updated regularly. Since December 2, 2024, the medical exam form (Form I-693) must also be submitted with an adjustment application rather than later.
When a filing is complete but doesn’t prove eligibility, USCIS may instead issue an RFE under 8 C.F.R. § 103.2, or in some cases deny without one. RFEs commonly ask for missing translations, civil documents, or evidence of the relationship. Each round can add months.
Inconsistencies cause their own trouble. A name spelled differently on two documents, an address history that doesn’t match a prior visa application, or a different date of entry than the one in government records can all prompt further review. Even innocent mistakes draw scrutiny when they conflict with what was told to the government before, so it helps to review the entire filing as one record, alongside every earlier visa application and immigration form.
Proving the Family Relationship
USCIS must be satisfied that the relationship qualifies under immigration law. What that takes depends on who is petitioning for whom.
- Spouses: the couple must show the marriage was entered in good faith, not just that it’s legally valid. Joint leases or mortgages, shared bank accounts, insurance, tax returns, photos over time, and communications all help. Couples who live apart or keep separate finances should explain why. Each spouse must also prove any prior marriage legally ended by divorce, annulment, or death.
- Parents and children: birth certificates are the core evidence; adoption and stepparent relationships have their own age and timing rules.
- Siblings: both must show at least one common parent, usually through both birth certificates.
Foreign civil documents are a frequent problem. Some countries issue records that don’t meet U.S. requirements, and some records simply don’t exist. The State Department’s reciprocity schedule lists which documents are available from each country and what to use instead. Where primary evidence is unavailable, USCIS may accept secondary evidence, but usually only with proof that the primary document can’t be obtained.
The Wait Many Families Don’t Expect: Visa Availability
Approval of the petition (Form I-130) doesn’t always mean a green card is available. “Immediate relatives” of U.S. citizens (spouses, unmarried children under 21, and parents of adult citizens) have no annual cap. Everyone else falls into a family preference category with annual limits and must wait until their “priority date,” usually the date the I-130 was filed, becomes current in the State Department’s monthly Visa Bulletin. For some categories and countries, that wait is measured in years or decades.
Children can also “age out” of a category by turning 21 while they wait. The Child Status Protection Act (8 U.S.C. § 1153(h)) protects some of them by adjusting how age is calculated, but it doesn’t help everyone, and the rules are technical.
Immigration History: The Petition Doesn’t Erase It
An approved petition establishes the relationship. The relative must still be admissible. The grounds of inadmissibility in INA § 212 (8 U.S.C. § 1182) are where many family cases get complicated:
- Unlawful presence. A person who was unlawfully present for more than 180 days but less than a year, and then leaves, is generally barred from returning for three years; a year or more triggers a ten-year bar. Reentering or trying to reenter unlawfully after a year of unlawful presence can trigger a much harsher permanent bar.
- Fraud or misrepresentation. A false statement on a visa application or at the border to obtain an immigration benefit can create a lifetime bar under § 212(a)(6)(C)(i), unless a waiver is granted.
- Prior removal orders, which carry their own bars and sometimes require permission to reapply.
Some of these can be waived, usually by showing that a U.S. citizen or permanent resident spouse or parent would suffer “extreme hardship.” Whether a waiver is available, and which one, depends on the exact facts.
Criminal Records Deserve Early Attention
Certain convictions, including many drug offenses and crimes involving “moral turpitude,” can make a relative inadmissible, and immigration law sometimes treats a plea, a deferred adjudication, or even an admission as a conviction when a state criminal court would not. An old arrest that was dismissed can still raise questions if it isn’t documented. Anyone with any arrest history should obtain certified court dispositions before filing, not after an officer asks for them at the interview.
Financial Sponsorship: The Affidavit of Support
Most family-based immigrants need a Form I-864 Affidavit of Support from the petitioner under INA § 213A (8 U.S.C. § 1183a). The sponsor generally must show household income of at least 125% of the federal poverty guidelines for their household size (100% for sponsors on active military duty sponsoring a spouse or child); the current figures are published on Form I-864P. The affidavit is a legally enforceable contract, not a formality.
Common problems include counting household size wrong (it must include the sponsor, dependents, the immigrants being sponsored, and anyone previously sponsored whose obligation hasn’t ended), relying on income that tax transcripts don’t support, and assuming a joint sponsor can simply fill a gap. A joint sponsor must independently meet the full requirement for their own household plus the immigrant. Significant assets can also count, at a set multiple of the shortfall.
Adjustment of Status or Consular Processing?
Some relatives can finish the process inside the United States through adjustment of status. Others must complete consular processing at a U.S. embassy or consulate abroad. The right route depends on the relationship, the person’s manner of entry, their current status, and visa availability.
Adjustment under INA § 245(a) generally requires that the person was “inspected and admitted or paroled.” Immediate relatives of U.S. citizens who entered lawfully can often adjust even after overstaying or working without authorization, but a person who entered without inspection usually cannot, even if married to a U.S. citizen. Limited exceptions exist, including for some people covered by INA § 245(i) through petitions filed on or before April 30, 2001.
Leaving the country for a consular interview can trigger the unlawful presence bars described above. For certain relatives, a provisional unlawful presence waiver (Form I-601A) can be filed and decided before departure, which reduces the risk of being stuck abroad. It requires showing extreme hardship to a qualifying U.S. citizen or permanent resident spouse or parent, and it doesn’t cover other grounds of inadmissibility.
New Holds and Pauses in 2025 and 2026
Some delays have nothing to do with the individual case. In December 2025, USCIS placed holds on many pending benefit applications, including green card applications, filed by nationals of countries designated as high-risk, and it expanded that hold to additional countries in a January 1, 2026 policy memorandum (PM-602-0194). Separately, the State Department paused immigrant visa issuance for nationals of 75 countries effective January 21, 2026, while it reassesses public charge screening (summary). Interviews may still be scheduled under that pause, but visas are not issued.
These policies can change quickly, with exceptions, litigation, and revisions. Families from affected countries should check current USCIS and State Department guidance, or get individual advice, before assuming their case is simply slow.
After Approval: Marriages Under Two Years
If a marriage-based green card is approved before the couple’s second anniversary, the spouse receives conditional residence for two years under INA § 216. The couple must jointly file Form I-751 to remove the conditions during the 90 days before the card expires. Missing that window can end the spouse’s status. If the marriage has ended or the couple can’t file together, a waiver may be available; this overview of filing an I-751 waiver without a spouse explains how that works.
A Pre-Filing Checklist
- Gather every prior visa application, immigration form, and entry record, and compare names, dates, and addresses.
- Confirm civil documents meet State Department requirements for the relevant country, with certified translations.
- Check the family category and, if applicable, the current Visa Bulletin date.
- Screen for overstays, entries without inspection, prior removals, and any misstatements to immigration officials.
- Obtain certified dispositions for any arrest or conviction, anywhere.
- Run the sponsor’s household size and income against Form I-864P, and line up a joint sponsor early if needed.
- Check whether any current USCIS hold or State Department pause applies to the beneficiary’s nationality.
Frequently Asked Questions
Why is my family-based green card taking so long?
Common reasons include Requests for Evidence, waiting for a visa number in a preference category, background or security checks, interview backlogs, and, for some nationalities, 2026 adjudication holds or visa issuance pauses.
Does an RFE mean my green card will be denied?
No. An RFE means USCIS needs more information. A complete, timely response often resolves the issue.
Can I get a green card if I overstayed my visa?
Often yes, if you are the spouse, parent, or unmarried minor child of a U.S. citizen and entered lawfully; immediate relatives can usually adjust despite an overstay. Other categories face stricter rules.
How much income does a sponsor need for a family green card?
Generally, at least 125% of the federal poverty guidelines for the sponsor’s household size, as published on Form I-864P. Assets or a joint sponsor can help fill a gap.
Can someone who entered without inspection get a green card through marriage?
Usually not through adjustment inside the U.S., except in limited situations such as § 245(i). Many must process abroad, often with a provisional waiver filed first.
Disclaimer
This article provides general information about U.S. family-based immigration and is not legal advice. Reading it does not create an attorney-client relationship. Immigration law and agency policies change frequently, sometimes without notice, and every case depends on its specific facts. For advice about your situation, consult a licensed immigration attorney.
