Family-Based Immigration
- U.S. Citizens – Can petition for their spouses, children (regardless of age or marital status), parents, and siblings.
- Lawful Permanent Residents (Green Card Holders) – Can petition for their spouses and unmarried children (under 21 or over 21).
- Immediate relatives of U.S. citizens (spouse, unmarried children under 21, and parents) are eligible for faster processing as there are no annual visa limits.
- Family preference categories include adult children, married children, and siblings of U.S. citizens, as well as spouses and unmarried children of green card holders. These categories have annual visa limits and longer waiting times.
Family-Based Petitions Available
There are different legal pathways for family-based immigration, depending on the relationship and location of the beneficiary.
Petition for Alien Relative (Form I-130)
This petition is the first step in establishing the qualifying family relationship. Once approved, the beneficiary may apply for a green card when a visa becomes available.
Adjustment of Status
If the beneficiary is already in the U.S. and eligible, they may apply for Adjustment of Status (Form I-485) to become a lawful permanent resident without leaving the country. This option is generally available for immediate relatives of U.S. citizens and those with current visa availability in the preference categories.
Consular Processing
For beneficiaries outside the U.S., Consular Processing allows them to obtain an immigrant visa at a U.S. consulate in their home country. After approval, they can enter the U.S. as a lawful permanent resident.
Fiancée Visa (K-1 Visa)
U.S. citizens can bring their foreign fiancées to the U.S. on a K-1 visa. The couple must marry within 90 days of arrival, after which the foreign spouse can apply for a green card through adjustment of status.
Frequently Asked Questions
A: Processing times vary depending on the relationship category, visa availability, and the applicant’s location. Immediate relatives typically have shorter wait times, while preference categories may take several years.
A: If applying for Adjustment of Status, you may apply for a work permit (EAD) while your case is being processed. Consular processing applicants must wait until they receive their green card.
A: No. Only U.S. citizens can petition for their parents. Green card holders can petition for their spouses and unmarried children.
A: If a petition is denied, you may be able to appeal or reapply with additional evidence. Consulting a family-based immigration lawyer can help strengthen your case and increase your chances of approval.
A: If your marriage is less than two years old when your green card is approved, you will receive a conditional green card valid for two years. You must file to remove conditions before it expires to obtain permanent residency.
