Family-based immigration

Reuniting families, opening borders.
Immediate relative petitions (spouses, unmarried children under 21, and parents of U.S. citizens)
Petitions for immediate relatives (spouses, unmarried children under 21, and parents of U.S. citizens). This category of immigration petitions is filed by U.S. citizens using Form I-130 (Petition for Alien Relative). The advantage of this category is that there are no annual quotas for immediate relatives, and the process is generally faster compared to other family-based categories.
Waivers of inadmissibility (Form I-601) and provisional waivers of inadmissibility (Form I-601A)
Waivers of grounds of inadmissibility (Form I-601) and provisional waivers (Form I-601A). These forms are used to overcome barriers to obtaining a visa or green card when an applicant has certain grounds of inadmissibility (such as unlawful presence, criminal convictions, or fraud).
Family preference immigrant visa petitions
Petitions for family preference immigration visas. This is another category of Form I-130 petitions, intended for more distant relatives of U.S. citizens or lawful permanent residents (such as adult children, siblings of U.S. citizens, or spouses and children of permanent residents). Unlike immediate relatives, these categories are subject to annual quotas, and the process can take years due to visa backlogs in preference categories (F1, F2A, F2B, F3, F4).
Requests to remove conditions on residence (Form I-751)
Petitions to remove conditions on residence (Form I-751). This form is filed by conditional permanent residents who received a 2-year green card through marriage to a U.S. citizen. The conditional status must be removed within the 90-day period before the two-year green card expires by proving that the marriage was entered into in good faith. If the marriage ended in divorce or there are other complications, a waiver of the joint filing requirement may be requested.
K-1 fiancé/fiancée petitions
Fiancé(e) visa petitions (K-1 visa). This process is initiated by a U.S. citizen through Form I-129F (Petition for Alien Fiancé(e)) to bring a foreign fiancé(e) to the U.S. for marriage. After entering the U.S. on a K-1 visa, the couple must marry within 90 days, and the foreign spouse then files for adjustment of status using Form I-485 to obtain a green card.
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Family immigration in the United States allows U.S. citizens and lawful permanent residents (LPRs) to sponsor certain relatives for a visa to live permanently in the country.

Categories of Family Immigration

U.S. immigration law divides family immigration into two main groups:

  1. Immediate Relatives
    • Spouses of U.S. citizens
    • Minor children (under 21) of U.S. citizens
    • Parents of U.S. citizens (if the petitioner is over 21)
    • Advantage: This category has no annual visa cap, meaning visas are always available for qualified applicants.
  2. Family Preference Categories
    • Adult (married/unmarried) children of U.S. citizens
    • Siblings of U.S. citizens
    • Spouses and minor children of Green Card holders

Limitations: The number of visas in this category is subject to annual quotas, which can result in long wait times.

K-1 Visa (Fiancé(e) Visa)

The K-1 visa is a nonimmigrant visa that allows a foreign fiancé(e) of a U.S. citizen to enter the country for the purpose of getting married within 90 days of arrival.

Key requirements for a K-1 visa:
* The couple must have met in person at least once in the past two years (exceptions apply for strict cultural or religious reasons or extreme hardship).
* After marriage, the foreign spouse can apply for Adjustment of Status to obtain a Green Card.

How Does the Family Immigration Process Work?

The process begins with the sponsoring relative (U.S. citizen or Green Card holder) filing a petition with USCIS (U.S. Citizenship and Immigration Services). Once the petition is approved, the immigration process continues based on the category of relatives and their location.

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FAQ

Questions and answers

Family-based immigration allows U.S. citizens and green card holders to petition for certain family members to obtain lawful status in the United States.

U.S. citizens can petition for spouses, children, parents, and siblings. Green card holders can petition for spouses and unmarried children.

The timeline depends on the category and the beneficiary’s country of origin. Immediate relatives of U.S. citizens are processed faster than other categories.

An immediate relative is a spouse, parent (if the petitioner is over 21), or an unmarried child under 21 of a U.S. citizen.

Yes, most applicants must attend an interview at a U.S. consulate or with USCIS before receiving a visa or green card.

It depends on the category. Some may be eligible for a temporary visa (like K-1), but most must wait for petition approval.

The family member can apply for a visa or green card—either through adjustment of status (if in the U.S.) or consular processing (if abroad).

In most categories, yes. For example, spouses and children may qualify as derivative beneficiaries.

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    We help you navigate the complexities of US immigration law.
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