How to Get a Green Card in Texas Through Family

How to Get a Green Card in Texas Through Family

November 07, 20256 min read

How to Get a Green Card in Texas Through Family

Securing a Green Card is the primary goal for families seeking permanence and stability in the United States. While the federal rules for how to get a Green Card in Texas are the same as anywhere else, the high volume of cases and local processing nuances, especially along the border, make precision absolutely necessary. The journey begins with establishing a qualifying family relationship and then choosing the correct path forward.

Your ability to successfully get a Green Card in Texas depends on who is petitioning for you (a U.S. citizen or a Lawful Permanent Resident) and the type of relationship you have. Every step must be executed flawlessly, or you risk significant delays or, in some cases, serious immigration consequences like deportation.

Related: Preguntas Frecuentes sobre la Tramitación de la Green Card


Step 1: Determine Eligibility and Relationship Category

Before filing any paperwork, the petitioner must be either a U.S. Citizen (USC) or a Lawful Permanent Resident (LPR). Your specific relationship dictates your priority and processing speed. This is the first and most critical step in understanding how to get a Green Card in Texas.

Immediate Relatives (Always Available Visas)

If the petitioner is a U.S. Citizen, the following relatives are considered Immediate Relatives (IR). Visas are always available for this group, meaning they skip the long queues often associated with other categories.

  • Spouses of a U.S. citizen.

  • Unmarried children under 21 of a U.S. citizen.

  • Parents of a U.S. citizen (if the USC is 21 or older).

Immediate Relatives applying for an adjustment of status in Texas can file their petition and Green Card application concurrently, which speeds up the overall timeline.

Family Preference Categories (Limited Visas)

For relatives outside of the Immediate Relative group, the process involves waiting in line for an available visa. These categories apply to petitions filed by either a USC or an LPR:

  • USC Petitioners: Unmarried children over 21, married children, and siblings (if the USC is 21 or older).

  • LPR Petitioners: Spouses and unmarried children of any age.

Because the number of visas in these categories is limited annually, applicants must wait for their priority date to become current, which can take several years, or sometimes even decades, especially for applicants from countries like Mexico or the Philippines.


Step 2: File the Petition for Alien Relative (Form I-130)

The family immigration journey officially begins with the Form I-130, Petition for Alien Relative. This form is filed by the U.S. citizen or Lawful Permanent Resident to prove that a qualifying family relationship exists.

The I-130 is fundamental, as it secures the immigrant's priority date, the date USCIS received the petition. This date locks in the immigrant's place in line for a visa, a key factor in how to get a Green Card in Texas under the preference categories.

Documentation for the I-130

Filing the I-130 requires submitting evidence to prove the relationship. For instance, a spouse petition needs a valid marriage certificate and proof of the petitioner's status (passport or naturalization certificate). A petition for a child needs their birth certificate showing the petitioner as the parent.

Precision in this phase is non-negotiable. Submitting an incomplete form or poor evidence is a common mistake that leads to significant delays.

Also read: What to Bring for Naturalization Interview?


Step 3: Choose the Correct Path to Finalize the Green Card

Once the I-130 is filed (or approved), the immigrant needs to transition to the final Green Card application. This process has two main routes, and the immigrant's immigration history and location determine which one must be used.

Route A: Adjustment of Status (AOS)

Adjustment of Status (Form I-485) is the process used when the immigrant is already in the United States and can legally apply to become a permanent resident without leaving.

To qualify for AOS, the immigrant must generally meet these strict requirements:

  • Inspection and Admission: The immigrant must have been "inspected and admitted" or "inspected and paroled" by an immigration officer when entering the U.S.

  • Visa Availability: A visa must be immediately available (always true for Immediate Relatives, but preference categories must check the Visa Bulletin).

  • Admissibility: The immigrant must not have any "bars to adjustment" or grounds of inadmissibility (such as certain criminal records or fraud) that prevent approval.

Route B: Consular Processing

Consular Processing (Form DS-260) is used when the immigrant is outside the United States or is ineligible to adjust status while in the U.S.

The application is processed through the National Visa Center (NVC) and finalized with an interview at a U.S. embassy or consulate in the immigrant’s home country (often Mexico for those residing near Texas).

The Risk of Leaving the U.S.

If an immigrant has been unlawfully present in the U.S., leaving for Consular Processing can trigger the 3-year or 10-year bar of inadmissibility. This is why consulting an immigration lawyer McAllen TX is essential before leaving the country.

Related: The Green Card Gauntlet: Navigating Deportation Threats


Step 4: Financial Sponsorship (Form I-864) and Admissibility

Regardless of the route chosen (AOS or Consular Processing), the petitioner must demonstrate that the immigrant will not become a "public charge." This is done through the Affidavit of Support (Form I-864).

The petitioner must prove an income that meets or exceeds 125% of the Federal Poverty Guidelines. If the petitioner's income is insufficient, a co-sponsor may be required.

The immigrant must also be admissible to the U.S. Grounds of inadmissibility, such as criminal convictions or immigration fraud, may require filing for a waiver (Form I-601 or I-212). If a waiver is needed, the process becomes significantly more complex.


Step 5: The Green Card Interview in Texas

Most Green Card applications require an interview with a USCIS officer, usually at a local Field Office in Texas (Houston, Dallas, San Antonio, or El Paso). This is the final verification step.

For marriage-based Green Cards, both the U.S. citizen petitioner and the immigrant beneficiary must attend. The officer will ask detailed questions about your life together, from daily routines to shared finances, to ensure the relationship is genuine.

Proper preparation is vital. You must be able to:

  • Confirm all information submitted on all forms (I-130, I-485).

  • Present original documents (birth certificates, marriage certificates).

  • Answer questions honestly and consistently with your spouse (if applicable).


Why Expert Guidance is Necessary for Your Texas Green Card

The steps to get a Green Card in Texas are defined by federal law, but the consequences of a mistake are often felt locally and personally. An improperly filed application can lead to a Notice of Intent to Deny (NOID), a Request for Evidence (RFE), or even place an immigrant without status into removal proceedings.

As a first-generation U.S. Citizen raised in the Rio Grande Valley, Attorney Iris Guerra Bravo knows the community and understands the weight of these decisions. She has successfully litigated hundreds of complex immigration cases.

Choosing an attorney with this level of background means your case is handled with forensic precision and strategic foresight. The Guerra Bravo Law Firm is dedicated to advocating and delivering justice for families navigating this tough system.

Are you ready to stop waiting and start the definitive process to get a Green Card in Texas for your family?

Contact Guerra Bravo Law Firm today for expert guidance on how to get a Green Card in Texas. Let an experienced immigration lawyer McAllen TX who understands the system from the inside fight for your family’s stability.

Guerra Bravo Law Firm is a Texas-based immigration law firm led by experienced attorneys dedicated to helping individuals, families, and businesses navigate complex immigration challenges. 

With years of hands-on experience and a deep understanding of U.S. immigration law, our team is committed to providing accurate information, practical guidance, and compassionate advocacy through every stage of the legal process.

Guerra Bravo Law Firm

Guerra Bravo Law Firm is a Texas-based immigration law firm led by experienced attorneys dedicated to helping individuals, families, and businesses navigate complex immigration challenges. With years of hands-on experience and a deep understanding of U.S. immigration law, our team is committed to providing accurate information, practical guidance, and compassionate advocacy through every stage of the legal process.

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