Family Immigration

Much of the immigration to the U.S. occurs through sponsorship by a family relative. Family-based immigration enables close relatives of U.S. citizens and lawful permanent residents to reunite in the United States.

Immediate Relative Petitions

Immediate relatives include spouses, parents, and unmarried children under 21 of U.S. citizens. These categories have no numerical visa limitations or waiting periods.

Consular Processing (Relative Outside the U.S.)

  1. U.S. citizen petitioner submits Form I-130 to USCIS

  2. USCIS approval transfers the case to the National Visa Center

  3. NVC collects additional fees and documentation

  4. Case is sent to the appropriate U.S. consulate or embassy

  5. Relative is scheduled for interview; an approved visa allows U.S. travel

Adjustment of Status (Relative Inside the U.S.)

  1. Petitioner submits Form I-130 to USCIS

  2. Eligible relatives file Forms I-485, I-765, and I-131 concurrently

  3. Interview is scheduled at USCIS

Preference Categories

If you are not a spouse, parent, or unmarried child under 21 of a U.S. citizen, you may still qualify under a preference category:

  • F1: Unmarried adult children of U.S. citizens

  • F2A: Spouses and children under 21 of permanent residents

  • F2B: Unmarried adult children of permanent residents

  • F3: Married children of U.S. citizens

  • F4: Siblings of U.S. citizens

These categories have annual visa limits creating wait periods spanning several years. Countries including Mexico, Philippines, China, and India face extended waiting periods.

Who Can Sponsor?

U.S. Citizens May Petition For:

  1. Biological, step-, or adoptive parents

  2. Spouse

  3. Unmarried children under 21

  4. Unmarried adult children

  5. Married children

  6. Siblings

Lawful Permanent Residents May Petition For:

  1. Spouse

  2. Unmarried children under 21

  3. Unmarried adult children

Affidavit of Support

Petitioners must demonstrate financial capability to support immigrants at 125% of federal poverty guidelines. Joint sponsors may substitute if petitioners cannot meet the financial requirements.

Marriage-Based Cases

Immigration law takes marriage fraud very seriously. Evidence of a bona fide marriage includes children, joint assets, tax returns, bank statements, bills, travel photos, and affidavits from family and friends. USCIS conducts interviews and may conduct home visits. Fraud carries severe civil and criminal penalties.

Fiancé (K Visa) Petitions

Only U.S. citizens may file fiancé visas. Beneficiaries must demonstrate good-faith marriage intention, travel within six months, marry within 90 days of arrival, and file for adjustment of status.

Removal of Conditions on Residence

Conditional permanent resident status applies to immigrants married less than two years at the time of obtaining their green card. Within the 90-day period prior to expiration of the conditional status, the immigrant must file a joint petition on Form I-751 with their spouse to remove the conditions. Failure to do so risks termination of status and removal proceedings.

Waivers for Complicating Issues

Various inadmissibility grounds may be waived, including prior removal orders, unlawful presence, fraud, certain crimes, public charge concerns, and health-related issues. The provisional waiver (Form I-601A) for unlawful presence, available since 2012, allows applicants to apply from within the United States. Waivers require demonstrating extreme hardship to qualifying U.S. citizen or permanent resident relatives.

Family Reunification for Asylees (Form I-730)

If you have been granted asylum status in the United States, you may be able to petition for your spouse and unmarried children under 21 through Form I-730. This process allows qualifying family members to obtain derivative asylum and remain or reunite with you in the United States. This petition has to be filed within 2 years of you being granted asylum status.

Our Services

  • Assistance with USCIS petition completion and filing

  • Waiver applications and management

  • National Visa Center case coordination

  • Embassy and consulate communication

  • Interview representation

  • Removal of Conditions processing

We welcome you to contact the AIM Immigration Law to schedule a consultation about how you can sponsor your family member to immigrate to the United States.

Family Immigration Attorney San Francisco | Green Card Sponsorship