Family reunification is a cornerstone of U.S. immigration law. Whether you're a U.S. citizen or lawful permanent resident seeking to bring family members to the United States, or a family member seeking to join loved ones already here, our experienced attorneys can guide you through the complex family-based immigration process.
Understanding Family-Based Immigration
The U.S. immigration system prioritizes family unity, allowing U.S. citizens and lawful permanent residents (green card holders) to sponsor certain family members for immigration to the United States. The process varies depending on the relationship between the sponsor and the beneficiary, and can range from relatively quick to taking many years due to visa backlogs.
Who Can File a Family Petition?
Your ability to sponsor family members depends on your immigration status:
U.S. Citizens Can Petition For:
- Spouse (husband or wife)
- Unmarried children under 21 (immediate relatives)
- Unmarried adult children (21 and older)
- Married adult children (any age)
- Parents (if petitioner is 21 or older)
- Siblings (brothers and sisters, if petitioner is 21 or older)
Lawful Permanent Residents Can Petition For:
- Spouse (husband or wife)
- Unmarried children under 21
- Unmarried adult children (21 and older)
Family Preference Categories
Family-based immigration is divided into two main groups: Immediate Relatives (no waiting time) and Family Preference Categories (subject to annual limits and waiting times):
Immediate Relatives (No Visa Limits)
Immediate relatives of U.S. citizens are not subject to annual visa limits and can immigrate without waiting in a visa queue:
- Spouses of U.S. citizens
- Unmarried children under 21 of U.S. citizens
- Parents of U.S. citizens (if the citizen is 21 or older)
F1: Unmarried Adult Children of U.S. Citizens
Unmarried sons and daughters (21 years or older) of U.S. citizens. Current wait times vary by country but can exceed 7 years.
F2A: Spouses and Children of LPRs
Spouses and unmarried children under 21 of lawful permanent residents. Wait times typically range from 2-5 years.
F2B: Unmarried Adult Children of LPRs
Unmarried sons and daughters (21 years or older) of lawful permanent residents. Wait times can exceed 10 years.
F3: Married Adult Children of U.S. Citizens
Married sons and daughters (any age) of U.S. citizens. Wait times can exceed 15 years for some countries.
F4: Siblings of U.S. Citizens
Brothers and sisters of U.S. citizens (if the citizen is 21 or older). This category has the longest wait times, often exceeding 20 years for some countries.
Form I-130: Petition for Alien Relative
Form I-130 is the foundation of family-based immigration. This petition establishes the qualifying relationship between the U.S. citizen or LPR sponsor and the foreign national beneficiary.
Key Points About Form I-130
- Filing fee: $535 (as of 2024)
- Must file separate I-130 for each relative
- Processing time varies by category and service center
- Approved I-130 does not guarantee a green card
The Family Petition Process
The family-based immigration process typically involves these steps:
Step 1: File Form I-130
The U.S. citizen or LPR sponsor files Form I-130 (Petition for Alien Relative) with USCIS to establish the qualifying family relationship.
Step 2: Wait for Priority Date
For preference categories, you must wait until your priority date (the date USCIS received the I-130) becomes current based on the monthly Visa Bulletin.
Step 3: Apply for Immigrant Visa or Adjustment
Once the priority date is current, the beneficiary applies for an immigrant visa at a U.S. consulate abroad (consular processing) or, if already in the U.S., may be able to file Form I-485 to adjust status.
Step 4: Interview and Approval
Attend an interview at the consulate or USCIS office. If approved, the beneficiary receives an immigrant visa or green card.
Petition Requirements
To successfully petition for a family member, you must meet certain requirements:
Sponsor Requirements
- Be a U.S. citizen or lawful permanent resident
- Be at least 21 years old (for certain categories)
- Have domicile in the United States
- Meet income requirements (125% of federal poverty guidelines)
- Sign an Affidavit of Support (Form I-864)
Beneficiary Requirements
- Have a qualifying family relationship with the sponsor
- Be admissible to the United States (no disqualifying criminal history, health issues, etc.)
- Not have violated immigration laws (or qualify for a waiver)
- Pass required medical examinations
- Provide required documentation (birth certificates, marriage certificates, etc.)
Affidavit of Support (Form I-864)
The sponsor must demonstrate the ability to financially support the immigrant at 125% of the federal poverty guidelines. This is a legally binding contract that lasts until the immigrant becomes a U.S. citizen, works 40 qualifying quarters, dies, or permanently leaves the U.S.
Special Situations
Some family immigration cases involve additional complexities:
Conditional Residence
If you've been married less than 2 years when you receive your green card, you'll receive conditional residence valid for 2 years. You must file Form I-751 to remove conditions within 90 days before it expires.
K-1 Fiancé Visa
U.S. citizens can petition for their fiancé(e) to come to the U.S. to get married. The couple must marry within 90 days of the fiancé(e)'s arrival, after which the spouse can apply for adjustment of status.
Widows and Widowers
If your U.S. citizen spouse passed away, you may still be eligible to self-petition for a green card if you were married at least 2 years and file within 2 years of the death.
Battered Spouses (VAWA)
Victims of domestic violence by a U.S. citizen or LPR spouse may self-petition under the Violence Against Women Act (VAWA) without the abuser's knowledge or cooperation.
Common Waivers
If you have immigration violations or other issues that make you inadmissible, you may need to apply for a waiver:
I-601 Waiver
Waiver of grounds of inadmissibility for applicants outside the U.S. or applying through consular processing.
I-601A Provisional Waiver
Allows certain immediate relatives of U.S. citizens to apply for an unlawful presence waiver before leaving the U.S. for their consular interview.
I-212 Permission to Reapply
Required if you were previously deported or removed and want to return to the U.S. before the bar period has ended.
Processing Times
Processing times vary significantly based on the category and country of origin:
Immediate Relatives: 12-24 months total processing
F1 Category: 7-12+ years depending on country
F2A Category: 2-5 years depending on country
F2B Category: 10-15+ years depending on country
F3 Category: 15-25+ years depending on country
F4 Category: 20-25+ years depending on country
Why Choose Amaral Law?
Family immigration cases require careful attention to detail and strategic planning.
Comprehensive Case Evaluation
We thoroughly analyze your situation to identify the best path forward and any potential obstacles.
Document Preparation
We help gather and organize all required documentation to build the strongest possible case.
Interview Preparation
We prepare you and your family members for consular and USCIS interviews.
Waiver Expertise
If you have inadmissibility issues, we have extensive experience with waiver applications.