Want to Bring Your Family to the U.S.?
Foreign nationals who are close relatives of a U.S. citizen or Lawful Permanent Resident may be eligible to apply for permanent residency through a family-based petition. This can be done via consular processing in their home country or adjustment of status if they are currently in the U.S. and a visa is immediately available. Immediate relatives face no numerical restrictions and can apply for permanent residency without wait time, while other family members fall into preference categories with annual quotas.
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Who is eligible for family-based immigration?
Foreign nationals who are close relatives of a U.S. citizen or lawful permanent resident may be eligible.
What are immediate relatives in the context of family-based immigration?
Immediate relatives of U.S. citizens can immigrate to the United States without being subject to numerical restrictions. They can apply for permanent resident status without any wait time.
Who qualifies as an immediate relative?
You are considered an immediate relative if you are:
The spouse of a U.S. citizen
The unmarried child under 21 years of age of a U.S. citizen
The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older)
Is there a wait time for immediate relatives of lawful permanent residents?
Currently, there is no wait time for spouses and unmarried children under 21 years of age of lawful permanent residents (Second Preference A – F2A), so they may apply for adjustment of status concurrently if they entered the United States legally or for consular processing immediately after the I-130 petition is approved.
What are family-sponsored preferences?
Family-sponsored preferences apply to other close family members of a U.S. citizen who are subject to a numerical limit of immigrant visas available each year. These family members are divided into several groups called “Preferences”.
What are the family-sponsored preference categories?
The preference categories are:
First: Unmarried sons and daughters over 21 years of age of U.S. citizens
Second (F2B): Unmarried sons and daughters over 21 years of age of lawful permanent residents
Third: Married sons and daughters of U.S. citizens
Fourth: Brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age or older)
Are family-sponsored preference categories subject to numerical restrictions?
Yes, the preference immigrant categories are subject to numerical restrictions. The U.S. citizen or lawful permanent resident may apply for them, but they can only obtain their green card when a visa becomes available for their category.
What is Deferred Action for Childhood Arrivals (DACA)?
DACA, announced on June 15, 2012, allows certain individuals who came to the United States as children and meet specific guidelines to request deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time and does not provide lawful status. Learn more at the USCIS website.
What are the rights for same-sex marriage in immigration?
On June 26, 2013, the United States Supreme Court held in United States v. Windsor that the federal interpretation of 'marriage' and 'spouse' as strictly heterosexual unions was unconstitutional. As a result, same-sex couples now have the same rights for immigration as heterosexual couples. Learn more at the USCIS website.
FAQ - Frequently Asked Questions
What is Family-Based Immigration?
Family-based immigration is a process through which U.S. citizens and permanent residents (green card holders) can sponsor certain family members to immigrate and obtain permanent residency in the U.S. This process is one of the main immigration pathways to the U.S., promoting family reunification.
Who can apply?
U.S. citizens can sponsor the following relatives:
Spouse (including same-sex marriages)
Unmarried children under 21 years old
Married children of any age
Parents (if the sponsor is at least 21 years old)
Siblings (if the sponsor is at least 21 years old)
Permanent residents (green card holders) can sponsor:
Spouse (including same-sex marriages)
Unmarried children of any age
What are the eligibility criteria for Family-Based Immigration?
To sponsor a relative, the sponsor must:
Be a U.S. citizen or legal permanent resident (green card holder).
Prove the family relationship with the beneficiary through documents such as birth certificates, marriage certificates (including same-sex marriages), and other relevant documents.
File a Form I-130 with the U.S. Citizenship and Immigration Services (USCIS).
Demonstrate financial ability to support the relative, meeting the government’s minimum income requirements through Form I-864 (Affidavit of Support).
How does the Family-Based Immigration process work?
The process generally begins with the submission of Form I-130 by the sponsor, which establishes the family relationship between the sponsor and the beneficiary. After the I-130 is approved, the process may vary depending on where the beneficiary is located:
If the beneficiary is in the U.S.: They may apply for Adjustment of Status to obtain a green card without leaving the country.
If the beneficiary is outside the U.S.: The case will be sent for consular processing, where the beneficiary will apply for an immigrant visa and, after approval, enter the U.S. as a permanent resident.
What are the family preference categories?
Family-based immigration is divided into preference categories, which determine processing priority and waiting times:
First Preference (F1): Unmarried children of U.S. citizens.
Second Preference (F2A): Spouses and minor children of permanent residents.
Second Preference (F2B): Unmarried children (21 years or older) of permanent residents.
Third Preference (F3): Married children of U.S. citizens.
Fourth Preference (F4): Siblings of U.S. citizens.
DACA and Family-Based Immigration
Individuals who are DACA (Deferred Action for Childhood Arrivals) beneficiaries may face specific challenges when trying to adjust their immigration status. While DACA provides temporary protection from deportation and the ability to obtain work authorization, it does not grant legal status or a direct path to a green card. However, in some cases, DACA beneficiaries married to U.S. citizens may be able to adjust their status through marriage, provided they meet certain requirements, such as lawful entry into the U.S.
Same-Sex Marriage and Immigration
Since the U.S. Supreme Court decision in 2013, same-sex marriages are recognized for immigration purposes. This means same-sex couples have the same rights and protections as heterosexual couples in the family-based immigration process, including the ability to sponsor spouses for green cards and other immigration benefits.
Benefits of Family-Based Immigration
Family-based immigration allows close relatives to live together in the United States. Once the relative obtains permanent residency, they gain the right to live and work in the U.S. and may eventually apply for U.S. citizenship. Additionally, the process provides a legal foundation for family members to establish themselves in the U.S. with legal security and stability.