Family Immigration Petition
We are a family immigration law firm that can help you sponsor loved ones for green cards. We are committed to keeping families together, and some of our attorneys have personal experience in this area.
Schedule a consultation with one of our immigration attorneys.
What is Family-Based Immigration
If you are a U.S. citizen or Green Card holder you can sponsor certain family members through a family-based immigration petition to allow them to work and live in the U.S. legally.
Different processes will depend on your status and the relative you want to sponsor.
We will assess your case and decide the best process that will enable you and your family to achieve your goals of family reunion, and better opportunities.
Who is Eligible for a Family-Based Green Card?
Immediate family members
Only U.S. Citizens can sponsor immediate family members. Immediate Relative (IR) visas are available to:
- Spouses
- Unmarried children under 21
- Parents of a U.S. citizen
- Children adopted by a U.S. citizen
Other family members
There are a limited number of immigrant visas available each year for other family members of U.S. citizens and lawful permanent residents. Limited family-based visa applications are granted in accordance with a list of preferences:
- Unmarried children of U.S. citizens (F-1)
- Spouses and children of Legal Permanent Residents (F-2)
- Married children of U.S. citizens and their unmarried minor children (F-3)
- Siblings of U.S. citizens and their spouses and unmarried minor children (F-4)
Looking to sponsor a family member?
Let our experienced immigration attorneys guide you through the family immigration process.
Frequently Asked Questions
Family-based immigration allows close relatives of U.S. citizens and lawful permanent residents (“LPRs”) to immigrate to the United States. U.S. citizens may sponsor their spouses, unmarried or married children, parents, and siblings. LPRs may sponsor their spouses and unmarried children. No other relatives, such as aunts, uncles, or cousins, may be sponsored to live permanently in the United States. Family members immigrate either as “immediate relatives” or through the “family preference system.” There are a limited number of immigrant visas available each year for individuals immigrating in the family preference system while there is no such limitation for immediate relatives.
Immediate relatives include: (1) spouses of U.S. citizens; (2) unmarried children under age 21 of U.S. citizens; and (3) parents of U.S. citizens when the citizen is at least 21 years old.
The family preference system allows the following persons to immigrate: (1) unmarried sons and daughters over age 21 of U.S. citizens; (2) spouses of lawful permanent residents; (3) unmarried children (any age) of lawful permanent residents; (4) married children (any age) of U.S. citizens; and (4) brothers and sisters of U.S. citizens, when the citizen is at least 21 years old.
Beneficiaries of a family preference petition are referred to as “principal beneficiaries.” A principal beneficiary may immigrate with his or her spouse and unmarried children under 21. These family members are called “derivative beneficiaries” and can immigrate without a separate petition filed on their behalf. Immediate relatives cannot immigrate with spouses and minor children unless a separate relative petition is filed on their behalf.
The procedure to petition for a family member involves two steps. First, the U.S. citizen or LPR must file a form I-130 relative petition on behalf of his or her family member with the U.S. Citizenship and Immigration Service (USCIS). The main purpose of this petition is to prove the family relationship exists. The second step of the process takes place after the I-130 is approved. At the second stage the beneficiary of the approved petition files an application for permanent residency if he or she is in the U.S. and a visa number is available (it will depend on the family category). If the beneficiary is outside the United States, the process is called consular processing. In some circumstances, the I-130 petition and the application for permanent residence may be filed together. We can tell you which option is available to you.
Since there are a limited number of visas available to the family preference category, beneficiaries immigrating through the preference system may have to wait several years before they are able to immigrate. Relative petitions are assigned “priority dates” on the date they are filed with the USCIS. Visas are distributed on a first-come, first-served basis determined by the priority date. The Department of State publishes a monthly Visa Bulletin that summarizes the availability of immigrant visas. To read the Visa Bulletin, check the family preference category and country of origin that applies to you. If your priority date (date of filing the I-130 petition) is a date before the date listed in the Visa Bulletin, you have a current priority date and can apply for permanent residence through adjustment of status or consular processing.
The Visa Bulletin can be found at: travel.state.gov/visa/frvi_bulletincurrent.html.
