Family Based Immigration

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Family Based Immigration

Helping you and your family achieve permanent residency.

Overview

A huge part of the American immigration system is built around the idea that families should be together. Having that longstanding history, however, does not mean it is an easy process. Family-based immigration has strict rules and deadlines that must be followed. A mistake can delay the process or result in a sad outcome for your family. Whether your family member is in the United States, or in a different country, we can help!

Two-step path

  • 1) I-130 to prove the qualifying relationship
  • 2) Green card filing (I-485 or DS-260) to vet eligibility
  • ➤Timing and venue depend on status and location

It’s best to consult with an experienced immigration lawyer to discuss when and how to start the family sponsorship process.

Core definitions

What is Family-Based Immigration?

U.S. immigration law allows certain noncitizens who are family members of U.S. citizens and lawful permanent residents to become lawful permanent residents (get a Green Card) based on specific family relationships.

Immediate vs. Preference

Immediate relative visas are prioritized, uncapped, and more flexible (for example, some overstays or unauthorized employment issues do not bar adjustment). Family preference visas are capped each year, creating wait lists tracked in the monthly Visa Bulletin.

Sponsor eligibility

U.S. citizens can sponsor

  • ➤Spouses
  • ➤Widows or widowers
  • ➤Unmarried children under 21 and adopted children
  • ➤Parents
  • ➤Unmarried sons and daughters (21+)
  • ➤Married sons and daughters
  • ➤Brothers and sisters (if 21+)

Not eligible via family petitions: grandparents, aunts, uncles, cousins, and in-laws.

Permanent residents can sponsor

  • ➤Spouses (F2A)
  • ➤Unmarried sons and daughters under 21 (F2A)
  • ➤Unmarried sons and daughters 21+ (F2B)

These categories are subject to annual caps and Visa Bulletin wait times.

Process & timing

1

Immigrant petition (I-130)

Establishes the qualifying family relationship. The I-130 alone does not confer immigration benefits.

2

Green card filing

Eligibility vetting through I-485 (in the U.S.) or DS-260 (at a U.S. Embassy/consulate abroad). Timing and venue rules vary.

3

Timing choices

Rules and restrictions differ by category and location. Filing strategy matters to avoid delays or denials.

Common questions

  • ➤How long is my category’s wait time?
  • ➤Should I file I-485 now or wait for the Visa Bulletin?
  • ➤Is consular processing safer for my facts?
  • ➤Will prior status issues bar adjustment?

How an immigration attorney helps

1

Information

We explain the process and keep you updated as rules and policies change.

2

Time unwasted

We select the right category, complete filings, and prepare evidence so applications are properly prepared.

3

Delay prevention

We manage deadlines and respond quickly to avoid stalls or denials.

4

Appeals & rights

We pursue strong appeals when needed and make sure you and your loved ones are treated with respect.

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Family Immigration Checklist

The family-based immigration process requires a series of forms to be filed with the USCIS. The first and most critical of these is Form I-130, Petition for Alien Relative. In addition to completing the form, the petitioner must include legible photocopies–translated into English where necessary–of any relevant supporting documentation.

  • Form I-130, Petition for Alien Relative

    Proof of U.S. citizenship or permanent residency:

    • Birth certificates
    • Naturalization or citizenship certificates
    • Current U.S. passports or green cards

    Proof of the qualifying relationship:

    • Birth certificates
    • Marriage certificates
    • Divorce Certificates (if applicable)
    • Evidence of bona fide marriage (e.g. property co-ownership, shared residence, combined financial resources, affidavits)
    • Adoption decrees or certificates
    • Evidence of legal custody of an adopted child over a two-year period
  • Form I-485, Application to Adjust Status

    Checklist for Principal Applicants

    • Two passport-style photographs;
    • A copy of a government-issued identity document with photograph;
    • A copy of your birth certificate (or acceptable alternative evidence with proof of unavailability);
    • Inspection and admission, or inspection and parole documentation;
    • Documentation of immigrant category (e.g., Form I-797 Approval/Receipt Notice);
    • Evidence you continually maintained a lawful status since arriving in the United States (does not apply to immediate relatives);
    • Form I-864, Affidavit of Support;
    • Certified police and court records of all criminal charges, arrests, or convictions (if applicable);
  • Form I-864, Affidavit of Support

    For ALL sponsors:

    • Federal income tax return + W-2s (most recent year) or explanation if not required to file
    • All Forms 1099, schedules, and any other income evidence
    • Proof of U.S. Citizenship or Permanent Residence
    • Optional: most recent three tax years, six months of pay stubs, and/or employer letter

    For SOME sponsors:

    • Schedule C/D/E/F if self-employed
    • Photocopies of the affidavit for additional intending immigrants on the same filing
    • Proof of active military status if using 100% of poverty guidelines for spouse/child
    • Form I-864A for each household member whose income you will use (if required)
    • Proof of household member residency/relationship and evidence their income will continue (if used)
    • Additional tax returns for household members if needed
    • Asset documentation (location, ownership, value, and any liens)
    • If joint/substitute sponsor: proof of U.S. citizenship, LPR status, or U.S. national status
  • Other key filings

    Form I-765, Application for Employment Authorization
    File with I-485 or later with proof of pending I-485 (receipt or similar evidence).

    Form I-131, Application for Travel Document
    File with I-485. Include photo ID, two passport photos, proof of current status, and proof of pending adjustment (if filing after I-485).

    Form DS-260, Immigrant Visa Electronic Application

    • Original or certified birth certificates for each immigrant
    • Certified court/prison records for any convictions
    • All marriage certificates and proofs of termination of prior marriages
    • Military record (if applicable)
    • Passport biographic page copy for each immigrant
    • Police certificates from all required countries (age 16+)
    • Completed medical exam from Embassy-approved physician

Book An Appointment.

At Naser Immigration Law, we understand family-based immigration and how it can impact families and communities. We help our clients and their family members meet deadlines and file immigration petitions that are completed timely, properly, and sufficiently. We are proactive and identify issues to be addressed immediately to avoid delays.

Ready to move your family case forward?

We guide every step with careful filings, deadlines, and evidence.

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