Family-Based Immigration: Keep Your Family Together in the U.S.

Family-based immigration plays a crucial role in this process, allowing U.S. citizens and permanent residents to sponsor their family members for lawful entry and permanent residency.

However, navigating the immigration system can be complex, with strict rules, forms, and deadlines that must be followed carefully. A single mistake can delay your case or result in an unfavorable outcome.

At Yellow Law Group, our experienced family immigration attorneys in Texas, California, and New Jersey are here to guide you through every step of the process. We ensure that your family-based immigration petitions are filed properly and on time, minimizing the risk of delays and maximizing the chances of a successful outcome.

What is Family-Based Immigration?

Family-based immigration allows U.S. citizens and lawful permanent residents to sponsor family members for immigration benefits, including lawful work, education, and the eventual path to permanent residency (green card status).

There are two main categories of family-based immigration visas:

1. Immediate Relative Visas
2. Family Preference Visas

Immediate Relative Visas

The immediate relative category includes the following relatives of a U.S. citizen:

• Spouses
• Widows/Widowers
• Unmarried children under 21 and adopted children
• Parents of U.S. citizens

Immediate relative visas have no annual cap, which means there is no limit on the number issued each year. These visas are given priority and allow the sponsor’s family member to immigrate without waiting in a long line.

Family Preference Visas

The family preference category is available to more distant family members of U.S. citizens, as well as certain family members of lawful permanent residents. For U.S. citizens, the family preference visa includes:

• Unmarried children aged 21 or older
• Married children
• Siblings

For U.S. permanent residents, the family preference visa includes:

• Spouses
• Unmarried children

Unlike immediate relative visas, family preference visas are subject to annual caps, meaning there are limited visas available each year. This leads to longer waiting periods and backlogs. The Department of State Visa Bulletin is updated monthly to reflect these wait times and visa availability.

It’s important to note that family-based immigration does not cover extended relatives such as grandparents, aunts, uncles, cousins, or in-laws. Alternative visa pathways must be pursued for these relatives.

Family Immigration Process Checklist

The first and most crucial step in the family-based immigration process is filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS).

In addition to the form, the petitioner must provide supporting documentation to prove eligibility, including:

• Proof of U.S. citizenship or permanent residency (e.g., birth certificates, naturalization certificates, U.S. passports, green cards)
• Proof of the qualifying relationship (e.g., marriage certificates, birth certificates, adoption decrees, evidence of a bona fide marriage)

Other forms that may be required in the process include:

• Form I-485 (Application to Register Permanent Resident or Adjust Status)
• Form I-864 (Affidavit of Support)
• Form I-693 (Medical Examination)
• Form I-601 (Application for Waiver of Grounds of Inadmissibility), among others.

Ensuring that all forms are completed accurately and that you provide sufficient documentation is key to avoiding delays and rejections.