immigration-law/family-based-immigration

Family-Based Immigration: Reuniting Loved Ones Across Borders

Introduction

Family is the foundation of immigration law in the United States. The U.S. government recognises the importance of keeping families together, which is why a large portion of immigration visas are reserved for close family members of citizens and lawful permanent residents.
If you’re a U.S. citizen or green card holder hoping to bring a loved one to live with you, understanding the family-based immigration process is the first step toward reunification.

What Is Family-Based Immigration?

Family-based immigration allows certain family members of U.S. citizens and lawful permanent residents (LPRs) to obtain lawful status in the United States. The process begins when the sponsoring family member files Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS).

Once the petition is approved, the foreign relative may apply for an immigrant visa or adjust their status to permanent residency if they are already in the U.S.

Two Main Categories of Family-Based Immigration

1. Immediate Relatives of U.S. Citizens

These visas are not subject to annual numerical limits, meaning processing can be faster. Immediate relatives include:

• Spouses of U.S. citizens

• Unmarried children (under 21) of U.S. citizens

• Parents of U.S. citizens (if the petitioner is at least 21 years old)

2. Family Preference Categories

These visas are subject to yearly numerical limits, so wait times can be longer. The four preference categories are:

• F1: Unmarried sons and daughters (21 or older) of U.S. citizens

• F2A: Spouses and unmarried children (under 21) of lawful permanent residents

• F2B: Unmarried sons and daughters (21 or older) of lawful permanent residents

• F3: Married sons and daughters of U.S. citizens

• F4: Brothers and sisters of U.S. citizens (if the petitioner is at least 21)

Step-by-Step Overview of the Process

1. File the Petition (Form I-130) – The U.S. citizen or green card holder submits the petition to establish the qualifying family relationship.

2. USCIS Approval – Once approved, the case moves to the National Visa Center (NVC) for further processing.

3. Visa Availability Check – Immediate relatives can proceed immediately; others must wait until a visa number becomes available.

4. Consular Processing or Adjustment of Status –

   • Consular Processing: If the relative is outside the U.S., they attend an interview at a U.S. embassy or consulate.

   • Adjustment of Status: If already in the U.S., the relative can apply for a green card without leaving the country.

5. Medical Exam & Interview – Applicants must undergo a medical exam and interview to verify eligibility.

6. Approval & Green Card Issuance – Once approved, the family member becomes a lawful permanent resident and can live and work in the U.S. indefinitely.

Common Challenges in Family-Based Immigration

Even though the process sounds simple, applicants often face obstacles such as:

• Long visa waiting times for preference categories

• Incomplete or inaccurate documentation

• Changes in marital status or eligibility during processing

• Requests for Evidence (RFE) from USCIS

• Denials due to inadmissibility issues (e.g., prior overstays or criminal history)

Having an experienced immigration attorney ensures that your petition is complete, accurate, and strategically prepared to avoid unnecessary delays.

How an Immigration Lawyer Can Help

A skilled immigration attorney can:

• Evaluate eligibility and recommend the best visa category

• Prepare and file Form I-130 and supporting evidence

• Track visa bulletin updates and priority dates

• Handle communication with USCIS and NVC

• Represent clients during adjustment of status or consular interviews

• File waivers for inadmissibility, if required

Working with a professional helps protect your family’s future and increases the likelihood of a successful outcome.

Maintaining Permanent Residency and Citizenship

After obtaining a family-based green card, maintaining lawful permanent resident (LPR) status requires:

• Residing primarily in the U.S.

• Avoiding long absences abroad

• Filing taxes properly

• Obeying all laws

After three to five years (depending on the category), many permanent residents become eligible to apply for U.S. citizenship through naturalisation.

Conclusion

Family-based immigration remains one of the most powerful pathways to achieving the American dream. While the process can be lengthy and complex, the result — keeping families together — is worth the effort. With the right legal support, you can navigate petitions, visa backlogs, and interviews confidently.

Call to Action

If you’re ready to sponsor a family member or need guidance on your family-based immigration case, contact our immigration law team today. We’ll help you understand your options, prepare your application, and take the next step toward reuniting your loved ones in the United States.