Family-based visas

What is a family-based visa

A family-based visa allows a US citizen or permanent resident to sponsor certain family members to come to the United States permanently. It is one of the most common paths to a green card and has been the foundation of US immigration policy for decades.

The process starts with a petition filed by the US citizen or permanent resident family member. It ends — sometimes years later — with the foreign family member receiving a green card and the right to live and work in the US permanently.

Who can sponsor a family member

Not every family relationship qualifies. US immigration law recognizes specific categories of family relationships for sponsorship purposes.

If you are a US citizen you can sponsor:

• Your spouse

• Your unmarried children under 21

• Your parents

• Your married children of any age

• Your unmarried adult children

• Your brothers and sisters

If you are a permanent resident you can sponsor:

• Your spouse

• Your unmarried children of any age

The relationship between the sponsor and the beneficiary must be genuine and legally recognized. For marriage-based cases USCIS scrutinizes the relationship carefully. For parent-child relationships legal documentation of the relationship is required.

Immediate relatives — the fastest path

If you are a US citizen sponsoring your spouse, your unmarried child under 21, or your parent, your family member falls into the immediate relative category. This is significant because immediate relatives are not subject to annual caps.

Every other family category has a limited number of visas available each year. Immediate relatives do not. That means as soon as the petition is approved and all other requirements are met, the process can move forward — no waiting for a visa number to become available.

For most people sponsoring an immediate relative the total process takes between 12 and 24 months depending on where the family member is located and how quickly each stage moves.

Preference categories — when there is a wait

All other family-based categories are subject to annual numerical limits. When demand exceeds supply — which it does every year — a waiting list forms. Your place on that list is determined by your priority date — the date USCIS received your petition.

The four preference categories are:

F1 — Unmarried adult children of US citizens Unmarried sons and daughters of US citizens who are 21 or older. Current wait times vary but can be several years.

F2A — Spouses and unmarried children of permanent residents This category is given priority within the preference system and generally moves faster than others. Wait times have ranged from a few months to a couple of years depending on demand.

F2B — Unmarried adult children of permanent residents Unmarried sons and daughters of permanent residents who are 21 or older. Wait times are longer than F2A.

F3 — Married children of US citizens Married sons and daughters of US citizens of any age. Wait times in this category can be substantial — often many years.

F4 — Brothers and sisters of US citizens Adult brothers and sisters of US citizens. This category has some of the longest wait times in the entire family-based system — in some cases exceeding a decade for applicants from certain countries.

The State Department publishes a Visa Bulletin every month showing which priority dates are current for each category and country of birth. We monitor this closely for our clients and let you know when your date is approaching.

The application process

The family-based green card process has two main stages.

Stage 1 — The petition

The US citizen or permanent resident sponsor files Form I-130 — Petition for Alien Relative — with USCIS. This establishes the qualifying family relationship and creates the priority date.

USCIS reviews the petition and issues a decision. For most straightforward cases this takes several months. Approval of the I-130 does not mean the family member has a green card — it means they are in the queue.

Stage 2 — The green card application

Once the priority date is current the family member can apply for the green card. How this works depends on where they are located.

Adjustment of status — if the family member is already in the US If your family member is already in the US on a valid visa they may be able to file Form I-485 to adjust their status to permanent resident without leaving the country. This process involves a biometrics appointment, a medical examination, and in most cases an interview at a local USCIS field office.

Consular processing — if the family member is outside the US If your family member is outside the US their case is transferred to the National Visa Center and then to a US consulate or embassy in their home country. They will attend an immigrant visa interview and if approved will enter the US as a permanent resident.

Marriage-based green cards

Marriage to a US citizen is one of the most direct paths to a green card. But it is also one of the most scrutinized. USCIS takes marriage fraud seriously and dedicates significant resources to identifying marriages entered into solely for immigration benefit.

A genuine marriage has nothing to fear from this scrutiny — but you need to be prepared to demonstrate that your marriage is real.

Evidence of a genuine marriage includes:

• Joint bank accounts and financial records

• Shared lease or mortgage documents

• Joint insurance policies

• Travel records showing you have spent time together

• Photographs across time and different occasions

• Correspondence — messages, emails, letters

• Affidavits from people who know you as a couple

• Birth certificates of any children you have together

The interview is a standard part of the marriage-based green card process. Both spouses attend. The officer may interview you together or separately. We prepare our clients thoroughly for what to expect and how to present their case clearly.

Conditional green cards If you have been married for less than two years when your green card is approved you will receive a conditional green card valid for two years. Before it expires you must file Form I-751 jointly with your spouse to remove the conditions and receive a standard ten-year green card.

If your marriage ends before the two years are up or your spouse is unwilling to file jointly there are waivers available. We handle these situations with care and without judgment.

Fiancé visas — K-1

If you are a US citizen engaged to a foreign national who is outside the US the K-1 fiancé visa allows your partner to enter the US specifically to get married. You must marry within 90 days of their arrival. After the marriage your spouse can apply to adjust their status to permanent resident.

Key facts about the K-1:

• Only available to US citizens — not permanent residents

• You must have met your fiancé in person within the past two years — with limited exceptions

• Processing typically takes 6 to 12 months

• Your fiancé cannot work in the US until they have filed for adjustment of status after the marriage

• Children of your fiancé can accompany them on K-2 visas

The K-1 is a good option when you want your partner to be able to come to the US before you are married. If you are already married the spouse visa — CR-1 or IR-1 — is the appropriate path.

Bringing parents to the US

US citizens can sponsor both parents for green cards. Parents of US citizens are immediate relatives — meaning there is no annual cap and no waiting list.

The process is the same as other family-based cases — an I-130 petition followed by either adjustment of status or consular processing. For most parents the total timeline is 12 to 18 months.

Note that permanent residents cannot sponsor their parents. Only US citizens can. If you are a permanent resident and want to bring your parents here the first step is becoming a citizen.

While your parent's green card application is pending they may be able to visit the US on a tourist visa. However visiting the US on a tourist visa while an immigrant petition is pending can raise questions about immigrant intent. Talk to us before your parent makes any travel plans.

If your family member has prior immigration issues

Prior immigration violations — overstaying a visa, entering without authorization, prior removal orders — can complicate or in some cases bar a family member from receiving a green card.

The most significant issue is unlawful presence. A foreign national who accrued more than 180 days of unlawful presence and then departed the US is subject to a three-year bar on re-entry. More than one year of unlawful presence triggers a ten-year bar. These bars can be waived in some circumstances — but the waiver process adds time and complexity to the case.

If your family member has any prior immigration history that was not entirely clean tell us at the start. We need the full picture to give you an accurate assessment of what is possible and how long it will take.

What you can do while you wait

For family members in preference categories the wait can feel endless. There are a few things worth knowing while your priority date works its way toward current.

If your family member is already in the US on a valid non-immigrant visa they can generally stay and maintain their status while waiting. They should not let that status lapse.

If your family member is outside the US they should maintain their ties to their home country — employment, property, family — which can help with any non-immigrant visa applications they may make in the meantime.

Some preference category beneficiaries may be eligible for non-immigrant visas that allow them to come to the US temporarily while their immigrant case is pending. We can advise on whether this applies to your situation.

The bottom line

Family-based immigration is at the heart of what we do. Every case involves real people — parents, children, spouses — waiting to be together. We take that seriously.

The process is long and the rules are strict. But for most people with a qualifying relationship there is a path. Understanding that path clearly — and moving through it without mistakes — is what we are here for.

If you are trying to bring a family member to the US or join a family member who is already here start with a conversation. We will tell you exactly where you stand and what comes next.