Family Based Immigration

Always looking out for you and the ones you love.


Reunite sooner

We prep petitions, waivers, and interview coaching to reduce surprises.

Plan your case

Family Based Immigration

Helping you and your family achieve permanent residency.

Overview

Family-based immigration is supposed to reunite loved ones, but the process is full of category rules, filing decisions, and timing traps. Whether your relative is in the United States or abroad, we help you choose the right path, prepare the case properly, and avoid delays that can separate families for years.

Who This Helps

U.S. citizens and lawful permanent residents trying to sponsor close family members for permanent residence.

What Matters Most

The relationship category, the person’s location, and whether the visa category is immediately available.

Why Strategy Matters

The same case can move very differently depending on timing, status history, and whether filing happens inside or outside the U.S.

Two-step path

01

File the I-130

This petition proves the qualifying family relationship. It starts the immigration path, but does not grant status by itself.

02

Complete the green card stage

That means either adjustment of status through Form I-485 or consular processing through Form DS-260, depending on the facts.

The right timing depends on category, visa availability, current status, and where your family member is located.

Core definitions

Family-based immigration has two basic building blocks: the qualifying relationship itself, and the visa category that determines how quickly the case can move.

What family-based immigration means

U.S. immigration law allows certain relatives of U.S. citizens and lawful permanent residents to apply for permanent residence. The exact path depends on who the sponsor is, which relative is being sponsored, and whether a visa number is immediately available for that category.

Immediate Relative

Higher priority, no annual cap

These categories are generally faster because immigrant visas are not numerically limited. They can also be more forgiving in some adjustment-of-status situations.

  • Typically includes spouses, parents, and unmarried children under 21 of U.S. citizens
  • No Visa Bulletin line waiting in the same way as preference categories
Preference Category

Capped each year, often slower

These categories are limited by annual visa numbers, which creates wait times that can stretch for months or years depending on the category and country of chargeability.

  • Includes many adult-child and sibling categories, plus certain LPR-sponsored relatives
  • Timing is controlled by the monthly Visa Bulletin

Sponsor eligibility

U.S. Citizens

Broader family categories

  • 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 the petitioner is 21+

Family petitions do not cover every relative. Grandparents, aunts, uncles, cousins, and in-laws are not direct petition categories.

Permanent Residents

Narrower, capped categories

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

These categories are subject to annual visa limits, which means waiting times are often driven by the Visa Bulletin.

Process & timing

01

Relationship first

The petition stage confirms the qualifying relationship and sets the category that will control the rest of the case.

02

Venue matters

Some families can file adjustment of status in the U.S. Others must process through a consulate abroad.

03

Visa availability controls pace

Immediate relative categories move differently from preference categories, which may require Visa Bulletin wait times.

04

Status history can change strategy

Past overstays, unlawful presence, travel, and entry history can affect whether filing inside the U.S. is safe or even possible.

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.

Questions families usually ask first

Can we file now?

That depends on the relationship category, the sponsor’s status, and whether a visa is currently available.

Should we use I-485 or consular processing?

The right route depends on where the relative is located and whether prior status issues create adjustment risks.

How long will this take?

Some immediate relative cases move much faster than capped family-preference categories tracked by the Visa Bulletin.

What usually causes delays?

Missing relationship evidence, timing mistakes, incomplete affidavits of support, and avoidable interview or document issues.

Family Immigration Checklist

This section is best used as a filing-prep reference, not a substitute for strategy. The exact document set can change depending on the relationship, the filing route, and any issues involving status history, income, or prior immigration filings.

Use this checklist to prepare:

  • Relationship evidence
  • Identity and status documents
  • Financial sponsorship records
  • Adjustment or consular processing support files
  • Step 1 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
  • Step 2 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);
  • Finance 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
  • Add-ons 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 a family immigration consultation

Ready to move your family case forward?

We help families choose the correct sponsorship category, build the filing package, and avoid avoidable delays tied to timing, evidence, and status history.

Whether your relative is in the United States or abroad, we can map the next step before you commit to the wrong filing strategy.