Families yearn to be together, share experiences, and create lasting memories, regardless of where they are in the world. Family-based immigration is a crucial way for people to reunite with loved ones in the United States.
Fortunately, if you’re a U.S. citizen or Lawful Permanent Resident (LPR), you may be eligible to bring your family members to the United States through family-based sponsorship.
Even if you meet the eligibility requirements, the process can be complex. It involves gathering documentation, completing detailed forms, and adhering to strict deadlines. Working with an experienced family immigration attorney can simplify the process and help you reunite with your loved ones more efficiently.
Petitioning for your fiancé? Be sure to explore the K-1 visa category.
Family-Based Immigrant Visa Categories
There are two main categories of family-based immigrant visas:
1. Immediate Relatives:
This category is for the closest family members of U.S. citizens, including:
Spouses
Unmarried children under 21 years old
Parents (if the petitioner is at least 21)
There is no cap on the number of visas available in this category.
2. Family Preference:
This category includes more extended family relationships and is subject to annual visa limits:
Married children and siblings of U.S. citizens
Spouses and unmarried children under 21 of Legal Permanent Residents (Green Card holders)
Green Card for Family Preference Immigrants
U.S. citizens and Green Card holders can sponsor certain family members for immigration to the United States. However, unlike immediate relatives of U.S. citizens – who are not subject to visa limits – the family preference category is capped by an annual quota. There are four specific preference categories within this limit, each with its own eligibility requirements:
First Preference (F1): Unmarried adult children (21 years and older) of U.S. citizens.
Second Preference (F2A): Spouses and unmarried children (under 21) of Green Card holders.
Second Preference (F2B): Unmarried adult children (21 years and older) of Green Card holders.
Third Preference (F3): Married adult children of U.S. citizens.
Fourth Preference (F4): Siblings of U.S. citizens (the petitioner must be at least 21 years old).
Family Based Green Card Requisites: Petition for Alien Relative
To sponsor a family member you need to submit Form I-130, Petition for Alien Relative, to the United States Citizenship and Immigration Services (USCIS).
Family Petition US Requirements
In your application, you must:
Provide compelling evidence of your qualifying family relationship.
Demonstrate that you have the financial means to support your relatives, ensuring they will not become dependent on public assistance.
Understand that USCIS will also evaluate your family members for any criminal history or past immigration violations.
The process varies based on whether your family member is in the U.S. or abroad
If Your Family Member is in the U.S.
File Form I-130 (Petition for Alien Relative) to establish the qualifying family relationship.
Once the I-130 is approved, your family member may apply for a Green Card by submitting Form I-485 (Application to Register Permanent Residence or Adjust Status).
Attend a biometrics appointment and, later, an interview at a USCIS office as part of the review process.
If approved, your family member will receive their Green Card and become a Lawful Permanent Resident.
If Your Family Member is Outside the U.S.
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File Form I-130 (Petition for Alien Relative) to establish the qualifying family relationship.
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Once approved, the petition is forwarded to the National Visa Center (NVC), which oversees the next steps in the process.
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Pay the required fees and submit all necessary supporting documents to the NVC.
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Your family member will attend an interview at the U.S. embassy or consulate in their home country.
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If approved, they will be issued an immigrant visa, allowing them to enter the United States as a Lawful Permanent Resident.
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After entering the U.S., they will receive their Green Card by mail.
Adjustment of Status
The Adjustment of Status (AOS) process allows eligible visa holders and parolees to apply for a Green Card without leaving the United States. Immediate relatives of U.S. citizens – such as spouses, parents, and unmarried children under 21 – can typically apply for AOS without waiting for a visa number to become available.
To qualify for adjustment of status, applicants must meet three key eligibility criteria:
They must be physically present in the United States.
They must have entered the country legally.
An immigrant visa must be immediately available to them.
It’s essential that applicants continue to meet these criteria throughout the process, as any change in status or circumstances may impact their eligibility.
Whether you’re applying under a family preference category or as an immediate relative, partnering with Aguado Immigration Firm can help you avoid costly mistakes. We provide expert guidance to make your journey toward permanent residency smoother, more confident, and more successful.
