One of the most common concerns for our clients is keeping families together during the immigration process. While U.S. immigration laws are complex, they include several provisions for family reunification. There are multiple ways to apply for a green card or citizenship through family, and certain family members can be sponsored to immigrate to the United States.

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During a free consultation, our family immigration attorneys can review your case and help you determine the best path for your situation.

Schedule your consultation here. Initial phone consultations are free.

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WHAT IS A FAMILY-BASED PETITION?

U.S. citizens and Lawful Permanent Residents (LPRs) can sponsor specific family members to immigrate to the United States through a family-based petition. Family-based immigration is divided into two main categories: immediate relatives and family preference.

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Immediate Relatives:

• Spouse

• Unmarried child under 21 of a U.S. citizen

• Unmarried son or daughter over 21 of a U.S. citizen

• Married son or daughter of any age of a U.S. citizen

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U.S. citizens over 21 may also petition for their parents and siblings

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Family Preference Categories:

• First Preference (F-1): Unmarried sons and daughters of U.S. citizens

• Second Preference (F-2): Spouses, children, and unmarried sons and daughters of LPRs

• Third Preference (F-3): Married sons and daughters of U.S. citizens

• Fourth Preference (F-4): Brothers and sisters of adult U.S. citizens

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IMMIGRATING THROUGH A FAMILY MEMBER

If one of your immediate relatives (spouse, child, parent, or sibling) is a U.S. citizen, you may already be eligible for a green card or visa. The sponsoring relative must maintain a primary residence in the United States and file a Petition for Alien Relative (Form I-130) to start the immigration process.

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Once USCIS approves the petition, a visa number is issued. If you are in the U.S., you may apply for a green card as soon as the visa number becomes available. If you are outside the U.S., the National Visa Center will send instructions for the next steps.

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VISA PRIORITY AND WAIT TIMES

Visas are limited, and priority depends on the family relationship.

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Priority for visa applicants:

• Immediate relatives (spouses of U.S. citizens, unmarried children under 21, and parents of U.S. citizens over 21) do not have to wait for a visa.

• Unmarried children over 21 of U.S. citizens have first preference in the waiting list.

• Spouses of green card holders have second priority.

• Married children of U.S. citizens have third priority.

• Brothers and sisters of U.S. citizens have fourth priority.