Family Immigration
Family reunification is the foundation of U.S. immigration law, and family sponsorship remains the most common path to lawful permanent residence. The process begins when a qualifying relative files Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services. The relative who files is the petitioner. The person who wishes to immigrate is the beneficiary.
Family-based categories divide into two groups, and the difference between them matters more than almost anything else in the process.
Immediate relatives of U.S. citizens are not subject to annual numerical limits, so a visa is always available and there is no waiting line. This group includes:
Family preference categories cover every other qualifying relationship. These are capped each year, which creates a wait:
When more people apply than there are visas available, immigrant visas are issued in the order the petitions were filed. The filing date becomes the priority date, and it determines your place in line. The Department of State publishes the Visa Bulletin each month showing which priority dates are current in each category. Waits range from months to many years depending on the category and the beneficiary’s country.
Once a petition is approved, there are two ways to complete the process. A beneficiary outside the United States goes through consular processing at the embassy or consulate with jurisdiction over their residence. A beneficiary already in the United States who meets the requirements may instead file Form I-485, Application to Register Permanent Residence or Adjust Status, without leaving the country.
Attorney Marinov has handled family-based petitions for over twenty years, including cases complicated by prior immigration violations, unlawful presence, and inadmissibility requiring waivers. At Law Offices of Paul Marinov, P.C., we prepare each petition thoroughly and advise clients honestly about timing, eligibility, and any obstacles before they file.
It is the process by which a U.S. citizen or lawful permanent resident petitions for a qualifying family member to immigrate to the United States, beginning with the filing of Form I-130.
The spouse of a U.S. citizen, an unmarried child under 21 of a U.S. citizen, and the parent of a U.S. citizen who is at least 21 years old. Immediate relatives are not subject to annual numerical limits.
Only a spouse and unmarried children — under 21 (F2A) or 21 and older (F2B). Lawful permanent residents cannot petition for parents, married children, or siblings.
The Petition for Alien Relative. It establishes the qualifying family relationship between the petitioner and the beneficiary. It does not by itself grant any immigration status or work authorization.
The date USCIS receives the I-130 petition. For preference categories, it determines your place in line — a visa becomes available when the Visa Bulletin cutoff date passes your priority date.
For immediate relatives, timing depends mainly on USCIS processing. For preference categories, the wait depends on the category and the beneficiary’s country of birth, and can range from a few years to well over a decade in some categories.
Consular processing takes place at a U.S. embassy or consulate abroad. Adjustment of status is filed with USCIS when the beneficiary is already lawfully in the United States and otherwise eligible.
Form I-864, a legally enforceable contract in which the petitioner agrees to financially support the immigrant. The petitioner generally must show income of at least 125% of the federal poverty guidelines, and a joint sponsor may be used if the petitioner’s income is insufficient.
This is called aging out. The Child Status Protection Act can preserve a child’s eligibility in some circumstances by allowing certain processing time to be subtracted from the child’s age. Whether it applies depends on the specifics of the case.
Filing an I-130 does not authorize the beneficiary to enter, remain, or work in the United States. Work authorization is generally available only after an adjustment of status application has been filed.
These can create bars to admission, but waivers are available in many cases. It is important to identify these issues before filing rather than after.
It is not required, but errors in the petition, unrecognized inadmissibility issues, or missed deadlines can cost years. Experienced representation is especially valuable where there is any prior immigration or criminal history.
Based on our extensive immigration law experience, we offer all of our immigration services on a flat fee basis. Please contact our office to learn how much we charge for a specific service.
