Family-Based Immigration: How to Bring Your Spouse or Family to the U.S.

Family-based immigration is the foundation of the U.S. immigration system. Every year, hundreds of thousands of people receive green cards through family petitions filed by U.S. citizens and lawful permanent residents. If you are a U.S. citizen or green card holder, you may be able to help your loved ones immigrate legally to the United States.

This guide explains the family-based immigration process, who can be petitioned, and what to expect.

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Who Can File a Family Petition?

U.S. Citizens can petition for:

• Spouses
• Unmarried children under 21 (immediate relatives)
• Unmarried adult children (21+)
• Married children (any age)
• Parents
• Siblings

Lawful Permanent Residents (Green Card Holders) can petition for:

• Spouses
• Unmarried children (minor and adult)

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Immediate Relatives vs. Preference Categories

The most important distinction in family immigration is between immediate relatives and preference category relatives.

Immediate Relatives of U.S. Citizens (spouses, minor children, parents) are exempt from annual numerical limits. This means there is no waiting line — a visa is immediately available once the I-130 petition is approved.

Preference Category Relatives are subject to annual numerical limits and often face years of waiting, depending on the petitioner's status, the relationship, and the beneficiary's country of birth.

| Category | Who | Current Wait | |---|---|---| | F1 | Unmarried adult children of USCs | Several years | | F2A | Spouses & minor children of LPRs | Varies | | F2B | Unmarried adult children of LPRs | Several years | | F3 | Married children of USCs | Many years | | F4 | Siblings of USCs | Very long |

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The Family Immigration Process: Step by Step

Step 1: File Form I-130 (Petition for Alien Relative)

The U.S. citizen or LPR petitioner files Form I-130 with USCIS to establish the qualifying relationship. Supporting documents include:

• Marriage certificate (for spouses)
• Birth certificates (for parent-child relationships)
• Proof of petitioner's citizenship or LPR status

Step 2: Wait for I-130 Approval and Visa Availability

For immediate relatives of U.S. citizens, a visa is immediately available upon I-130 approval.

For preference categories, the family member must wait until their priority date (the date the I-130 was filed) becomes current on the monthly Visa Bulletin published by the State Department.

Step 3: Adjustment of Status (Inside the U.S.) or Consular Processing (Outside the U.S.)

If the family member is already in the U.S. lawfully: They can apply for adjustment of status (Form I-485) — the process of getting a green card without leaving the country. They can often also request work authorization (EAD) and travel permission (Advance Parole) while waiting.

If the family member is outside the U.S.: The case goes to the National Visa Center, then to a U.S. consulate for an immigrant visa interview abroad. After approval, they enter the U.S. as a permanent resident.

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Marriage-Based Green Cards: Special Considerations

For spouses of U.S. citizens, a few important points:

• Marriages of less than 2 years at the time the green card is granted result in conditional permanent residence (a 2-year green card). You must file Form I-751 to remove the conditions before the 2-year period expires.
• USCIS scrutinizes marriage cases carefully to ensure the marriage is genuine (not for immigration purposes). Be prepared to provide evidence of a bona fide marriage: joint tax returns, joint bank accounts, lease agreements, photos together, communications history.
• If you entered without authorization, consular processing may require an I-601A waiver for unlawful presence.

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Fiancé(e) Visas — K-1

If you are a U.S. citizen engaged to a foreign national, the K-1 fiancé visa allows your fiancé(e) to come to the U.S. to marry you. Requirements:

• You must be legally free to marry
• You must have met in person within the past 2 years
• You must marry within 90 days of your fiancé(e) entering the U.S.

After marriage, your spouse can apply for adjustment of status to a green card.

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Contact Our Family Immigration Attorneys

The Law Office of Reyadh Nagi PLLC handles all types of family-based immigration petitions, adjustment of status cases, consular processing, and related waivers.

📞 (718) 513-1375 📍 742 Morris Park Ave, 2nd Floor, Bronx, NY 10462 🌐 nagilaws.com/Services

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