Family Immigration Lawyer – Bring Your Family to America

Family-based immigration is the cornerstone of the American immigration system, reflecting our nation's commitment to keeping families together. If you are a U.S. citizen or lawful permanent resident (green card holder), you have the ability to sponsor certain family members to come to the United States and obtain their own green cards. At Modern Law Group, we have helped more than 10,000 families navigate the complex family immigration process and achieve their dream of living together in America.

The family immigration process involves multiple government agencies, extensive documentation, and strict legal requirements. Whether you are sponsoring a spouse, child, parent, or sibling, having an experienced immigration attorney by your side can make the difference between a smooth approval and years of delays, requests for additional evidence, or even denials. Our dedicated family immigration team has the knowledge and experience to guide you through every step of the process.

Overview of Family-Based Immigration

Family-based immigration allows U.S. citizens and lawful permanent residents to petition for certain family members to receive immigrant visas or green cards. This system is designed to promote family unity, one of the core values of American immigration policy. Each year, hundreds of thousands of immigrants come to the United States through family-based sponsorship.

The family immigration process generally involves two main steps: First, the U.S. citizen or green card holder petitioner files Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS) to establish the qualifying family relationship. Second, once the petition is approved and a visa number is available, the family member either applies for an immigrant visa through a U.S. consulate abroad (consular processing) or applies to adjust their status to permanent resident if they are already in the United States.

The specific categories of family members you can sponsor depend on whether you are a U.S. citizen or a lawful permanent resident, and the waiting times vary dramatically based on the type of relationship and the country of origin of the family member being sponsored.

Immediate Relatives vs. Family Preference Categories

Understanding the distinction between "immediate relatives" and "family preference" categories is crucial because it determines whether your family member must wait for a visa number to become available.

Immediate Relatives of U.S. Citizens

Immediate relatives enjoy a significant advantage: there is no annual limit on the number of immigrant visas available for this category, which means no waiting list. Immediate relatives include:

• Spouses of U.S. citizens
• Unmarried children under 21 of U.S. citizens
• Parents of U.S. citizens (if the citizen is 21 years or older)

Family Preference Categories

Family members who do not qualify as immediate relatives fall into one of four family preference categories. These categories have annual numerical limits, which means applicants must wait in line until a visa number becomes available. Wait times can range from several years to over two decades, depending on the category and country of origin.

Sponsoring a Spouse

Bringing a spouse to the United States is one of the most common forms of family immigration. The process differs depending on whether you are a U.S. citizen or a lawful permanent resident, and whether your spouse is currently inside or outside the United States.

U.S. Citizen Sponsoring a Spouse

As a U.S. citizen, your spouse qualifies as an immediate relative, meaning there is no waiting list and no visa number limitations. The primary steps include:

1. File Form I-130: You file the Petition for Alien Relative to establish your marriage and your spouse's eligibility.
2. Choose Processing Path: If your spouse is abroad, they will complete consular processing. If already in the U.S. legally, they may be able to file Form I-485 to adjust status (often filed concurrently with the I-130).
3. Attend Interview: Your spouse will attend an interview at either a U.S. consulate (if abroad) or USCIS office (if in the U.S.).
4. Receive Green Card: Upon approval, your spouse receives either a 2-year conditional green card (if married less than 2 years) or a 10-year permanent green card.

For detailed information about the marriage visa process, including fiancé visas for couples who wish to marry in the United States, please visit our marriage-based green cards page.

Green Card Holder Sponsoring a Spouse

If you are a lawful permanent resident (green card holder), your spouse falls under the F2A preference category. This means they must wait for a visa number to become available, which currently takes approximately 2-4 years depending on their country of origin.

Sponsoring Parents

Only U.S. citizens who are 21 years of age or older can sponsor their parents for green cards. Green card holders cannot sponsor parents—they must first naturalize to become U.S. citizens before they can file for their parents.

Requirements for Sponsoring Parents

• You must be a U.S. citizen (by birth or naturalization)
• You must be at least 21 years old
• You must be able to prove the parent-child relationship
• You must meet the income requirements for the Affidavit of Support

Processing Time for Parents

Because parents of U.S. citizens qualify as immediate relatives, there is no waiting list. Once the I-130 petition is approved, your parents can proceed immediately with consular processing or adjustment of status. The typical timeline from filing to green card approval is 12-24 months.

Sponsoring Both Parents

If you wish to bring both of your parents to the United States, you must file a separate I-130 petition for each parent. If your parents are divorced, each case is processed independently. If they are still married, their cases can often be processed together, with one parent as the primary beneficiary and the other as a derivative.

Sponsoring Children (Minor and Adult)

Both U.S. citizens and green card holders can sponsor their children for immigration, but the processing times and categories differ significantly based on the child's age, marital status, and the sponsor's immigration status.

Categories for Children of U.S. Citizens

Child's Status	Category	Wait Time
Unmarried, under 21	Immediate Relative (IR)	No wait (12-18 months processing)
Unmarried, 21 or older	First Preference (F1)	7-10+ years
Married, any age	Third Preference (F3)	13-15+ years

Categories for Children of Green Card Holders

Child's Status	Category	Wait Time
Unmarried, under 21	F2A Preference	2-4 years
Unmarried, 21 or older	F2B Preference	6-10+ years
Married, any age	Not eligible	N/A (sponsor must naturalize first)

Sponsoring Siblings

Only U.S. citizens who are at least 21 years old can petition for their brothers and sisters. Green card holders cannot sponsor siblings under any circumstances. Siblings fall under the Fourth Preference (F4) category, which has the longest waiting times of all family preference categories.

Current Wait Times for Siblings

The wait times for sibling petitions vary dramatically based on the beneficiary's country of birth:

• Most countries: 14-16 years
• Mexico: 20-24+ years
• Philippines: 22-24+ years
• India: 14-16 years
• China (mainland): 14-16 years

Despite the long wait times, filing a sibling petition early is often worthwhile because it locks in a priority date. The petitioner's circumstances may change over the years (for example, the beneficiary might become eligible through a different, faster route), but having an approved I-130 with an early priority date provides important options.

Derivative Benefits for Sibling Petitions

When you sponsor a sibling, their spouse and unmarried children under 21 can also receive green cards as derivatives. However, if the sibling's children turn 21 or get married while waiting, they lose their derivative status and may need to be sponsored separately.

The I-130 Petition Process in Detail

Form I-130 (Petition for Alien Relative) is the foundation of every family-based immigration case. This petition establishes the qualifying relationship between the U.S. citizen or green card holder sponsor and the foreign national family member.

Step-by-Step I-130 Process

1. Gather Documentation: Collect evidence proving the family relationship (birth certificates, marriage certificates, etc.) and the petitioner's U.S. citizenship or permanent resident status.
2. Complete Form I-130: Fill out the petition accurately, ensuring all information matches your supporting documents. Any inconsistencies can delay processing.
3. Submit Filing Fee: The current I-130 filing fee is $535 (check USCIS website for updates). Pay by check, money order, or credit card using Form G-1450.
4. Submit to USCIS: Mail the complete package to the appropriate USCIS lockbox facility. Keep copies of everything you submit.
5. Receive Receipt Notice: USCIS will mail Form I-797C (Notice of Action) confirming receipt. This establishes your priority date for preference categories.
6. Biometrics (if applicable): Some petitioners may be scheduled for a biometrics appointment for fingerprinting and photographs.
7. Wait for Adjudication: USCIS will review your petition. Processing times vary by service center and case complexity.
8. Receive Approval: If approved, you receive Form I-797 (Approval Notice). For immediate relatives, the case moves directly to consular processing or adjustment of status. For preference categories, the case is forwarded to the National Visa Center (NVC) to wait for a visa number.

Required Documents for I-130

Consular Processing vs. Adjustment of Status

After the I-130 petition is approved and a visa number is available, the beneficiary must complete one of two processes to actually obtain their green card: consular processing (if abroad) or adjustment of status (if in the U.S.).

Factor	Consular Processing	Adjustment of Status
Location	Beneficiary is outside the U.S.	Beneficiary is in the U.S.
Where to apply	National Visa Center → U.S. consulate	USCIS (Form I-485)
Interview	U.S. embassy or consulate abroad	USCIS field office
Processing time	Often faster (6-12 months after NVC)	Can be longer (12-24+ months)
Travel during process	Not restricted	Need Advance Parole to travel
Work authorization	Not authorized until entry	Can apply for EAD while pending
Unlawful presence issues	May trigger 3/10-year bars	May avoid bars for certain applicants

Consular Processing Steps

1. Case transferred to NVC: After I-130 approval, USCIS sends the case to the National Visa Center.
2. Pay fees: Pay the immigrant visa fee and affidavit of support fee to the NVC.
3. Submit DS-260: Complete the online immigrant visa application.
4. Submit civil documents: Upload or mail required civil documents to NVC.
5. Complete Affidavit of Support: Sponsor completes Form I-864.
6. NVC review: NVC reviews all documents and schedules interview when complete.
7. Medical exam: Beneficiary completes medical examination by approved physician.
8. Consular interview: Beneficiary attends interview at U.S. embassy or consulate.
9. Visa issuance: If approved, immigrant visa is stamped in passport.
10. Entry to U.S.: Beneficiary enters U.S. as a permanent resident. Green card mailed within weeks.

Adjustment of Status Steps

1. File Form I-485: If beneficiary is in the U.S. and eligible, file adjustment of status application.
2. File concurrent applications: File Form I-765 (work permit) and I-131 (travel permit) if desired.
3. Biometrics appointment: Attend fingerprinting appointment at ASC.
4. Receive EAD and travel document: Typically issued within 3-6 months.
5. Wait for interview scheduling: Processing times vary by field office.
6. Complete medical exam: Submit Form I-693 before or at interview.
7. Attend USCIS interview: Both sponsor and beneficiary usually attend.
8. Receive decision: If approved, green card mailed within weeks.

Affidavit of Support Requirements (Form I-864)

The Affidavit of Support (Form I-864) is a legally binding contract between the sponsor and the U.S. government, promising to financially support the immigrant. This is required for virtually all family-based immigration cases.

Income Requirements

The sponsor must demonstrate income at or above 125% of the Federal Poverty Guidelines for their household size (100% for active duty military members sponsoring a spouse or child). The household size includes:

• The sponsor
• The sponsor's spouse and dependents (regardless of immigration status)
• All immigrants being sponsored on this petition
• Any other immigrants for whom the sponsor has signed I-864s that are still in effect

2024 Poverty Guidelines (125%)

Household Size	Required Income (48 Contiguous States)
2	$25,550
3	$32,188
4	$38,825
5	$45,463
6	$52,100
Add'l person	+$6,638

If You Don't Meet the Income Requirement

If your income alone is insufficient, you have several options:

• Include household member income: A spouse or adult child living with you can add their income if they complete Form I-864A.
• Use assets: Assets such as savings, property, or stocks can be used if they total at least three times the income shortfall (five times for siblings or adult children).
• Use a joint sponsor: A U.S. citizen or green card holder with sufficient income can serve as a joint sponsor by filing their own I-864. The joint sponsor doesn't need to be related to the immigrant.

Understanding the Visa Bulletin and Priority Dates

For family preference categories (F1, F2A, F2B, F3, F4), there are more approved petitions than available visa numbers each year. The Visa Bulletin, published monthly by the Department of State, tracks which petitions are currently being processed based on their priority dates.

What is a Priority Date?

Your priority date is essentially your "place in line." For I-130 petitions, it is the date USCIS receives your properly filed petition. This date determines when your family member can proceed with their immigrant visa or adjustment of status application.

How to Read the Visa Bulletin

The Visa Bulletin contains two charts for family-based categories:

• Final Action Dates: This chart shows when a visa number is actually available. If your priority date is earlier than the date shown, you can schedule your immigrant visa interview or have your adjustment of status application adjudicated.
• Dates for Filing: This chart shows when you can submit your immigrant visa or adjustment of status application, even if a visa isn't immediately available. USCIS announces each month whether it will accept applications based on this chart.

Example: Reading the Visa Bulletin

If the F2A category for "All Chargeability Areas" shows a Final Action Date of "01 JAN 2022," this means that F2A applicants with a priority date before January 1, 2022 can now have their cases completed. If your priority date is January 15, 2022, you must continue waiting until the dates advance past your priority date.

Per-Country Limits and Backlogs

U.S. immigration law limits the number of immigrant visas that can be issued to nationals of any single country to 7% of the total annual limit. This creates significant backlogs for countries with high demand.

Most Backlogged Countries

Four countries consistently have the longest wait times due to high demand:

• Mexico: Particularly severe backlogs in F1, F2B, F3, and F4 categories (often 15-24+ years)
• Philippines: Major backlogs especially in F1 and F4 (often 15-24+ years)
• India: Growing backlogs in most categories (often 10-15+ years)
• China (mainland): Significant backlogs developing (often 10-15+ years)

Understanding Country of Chargeability

The applicant's "chargeability" (which country's limit applies) is generally based on their country of birth, not citizenship. However, there are exceptions:

• A child may be charged to either parent's country of birth
• A spouse may cross-charge to the other spouse's country if they are immigrating together and it results in an earlier visa availability

Aging Out Protections: Child Status Protection Act (CSPA)

One of the most stressful aspects of family immigration is the risk that a child will turn 21 while waiting for a visa, causing them to "age out" of their category and potentially face much longer wait times. The Child Status Protection Act (CSPA) provides some protection against this.

How CSPA Works

CSPA provides a formula to calculate a child's "CSPA age":

Requirements for CSPA Protection

• The child must "seek to acquire" permanent resident status within one year of a visa becoming available (typically by filing for adjustment of status or completing DS-260)
• The child must have been under 21 when the petition was filed
• The calculation must result in a CSPA age under 21

What Happens If a Child Ages Out?

If CSPA protection doesn't apply and a child turns 21:

• Immediate relative children: Move to F1 category (unmarried adult children of U.S. citizens), but retain their original priority date
• F2A children: Move to F2B category (unmarried adult children of green card holders), retaining priority date
• Derivative children: May need to be sponsored separately with a new petition

Detailed Timelines for Each Category

Understanding realistic timelines helps families plan appropriately. These timelines include both USCIS processing and visa wait times where applicable.

Category	I-130 Processing	Visa Wait Time	Total Estimated Time
IR: Spouse of USC	6-12 months	None (immediate)	12-18 months total
IR: Child under 21 of USC	6-12 months	None (immediate)	12-18 months total
IR: Parent of USC (21+)	6-12 months	None (immediate)	12-24 months total
F1: Unmarried adult child of USC	12-24 months	7-10+ years	8-12+ years total
F2A: Spouse/minor child of LPR	12-24 months	2-4 years	3-6 years total
F2B: Unmarried adult child of LPR	12-24 months	6-10+ years	7-12+ years total
F3: Married child of USC	12-24 months	13-15+ years	14-17+ years total
F4: Sibling of USC	12-24 months	14-24+ years	15-25+ years total

Document Checklists by Category

Having complete and accurate documentation is essential for smooth processing. Here are the key documents needed for each type of family petition.

Common Issues and Solutions

Family immigration cases can encounter various challenges. Here are some common issues and how to address them.

Missing or Incorrect Documents

Problem: Birth certificates are unavailable, contain errors, or don't exist.

Solution: Obtain secondary evidence such as baptismal certificates, school records, census records, or sworn affidavits from individuals with personal knowledge. Include a detailed explanation of why primary evidence is unavailable.

Name Discrepancies

Problem: Names are spelled differently on various documents.

Solution: Provide legal name change documents if available. If no legal change occurred, provide a sworn affidavit explaining the discrepancy and include all documents showing both versions of the name.

Fraudulent Marriage Concerns

Problem: USCIS suspects the marriage is not genuine (marriage fraud).

Solution: Provide extensive evidence of a bona fide marriage relationship: joint bank accounts, property, insurance, photos together over time, correspondence, affidavits from friends and family, and be prepared for a thorough interview.

Prior Immigration Violations

Problem: The beneficiary has unlawful presence in the U.S. that may trigger a bar to reentry.

Solution: Consult with an attorney about whether a waiver (Form I-601 or I-601A provisional waiver) may be available. Some immediate relatives may be able to adjust status in the U.S. without triggering bars.

Criminal History

Problem: The beneficiary or petitioner has a criminal record.

Solution: Obtain complete court records and police clearances. Depending on the offense, a waiver may be required or available. Some crimes permanently bar immigration; others may be waived. An experienced attorney can evaluate your specific situation.

Financial Sponsor Issues

Problem: Petitioner doesn't meet income requirements for I-864.

Solution: Use a joint sponsor (any U.S. citizen or LPR with sufficient income), add household member income with I-864A, or demonstrate qualifying assets equal to 3-5 times the income shortfall.

Why Choose Modern Law Group for Family Immigration?

What Sets Us Apart

• Specialization: Family immigration is a core focus of our practice. We handle hundreds of family-based cases each year and stay current on all developments in this area of law.
• Multilingual Team: We serve clients in English, Spanish, Russian, and other languages, ensuring clear communication throughout your case.
• Meticulous Case Preparation: We prepare comprehensive, well-documented petitions designed to minimize delays and requests for evidence.
• Proactive Communication: We keep you informed at every stage and promptly respond to your questions and concerns.
• National Coverage: With offices in San Diego, Brooklyn, and Texas, we represent clients throughout the United States.
• Problem-Solving Experience: We have extensive experience overcoming obstacles such as prior denials, missing documents, unlawful presence issues, and complex family relationships.

Our Family Immigration Services Include:

• I-130 petition preparation and filing for all family categories
• Concurrent I-130/I-485 filings for eligible immediate relatives
• National Visa Center processing support
• Consular interview preparation
• Adjustment of status applications
• Affidavit of Support preparation and review
• Waiver applications for inadmissibility issues
• Child Status Protection Act (CSPA) analysis
• Removal of conditions on permanent residence
• Naturalization for permanent residents

Frequently Asked Questions About Family Immigration