Family Immigration & Visas – Bring Your Loved Ones to the U.S.
At Western Law Firm, we understand how important family is. If you're looking to bring your spouse, children, parents, or siblings to the United States, navigating the immigration system can feel overwhelming. Fortunately, U.S. immigration law provides several pathways for family members of U.S. citizens and lawful permanent residents to obtain legal status. Our skilled immigration attorneys are here to guide you through the process, ensuring a smooth journey toward family reunification.
How Family Immigration Works
U.S. immigration law allows citizens and lawful permanent residents (green card holders) to sponsor certain family members for visas and green cards. However, the process varies depending on the relationship and visa category. The two main types of family-based immigrant visas are:
- Immediate Relative Visas: Reserved for close family members of U.S. citizens, such as spouses, unmarried children under 21, and parents.
- Family Preference Visas: Available for extended family members, including siblings, married children, and certain relatives of green card holders.
Immediate Relative Petitions
If you are a U.S. citizen, you can file petitions for the following immediate relatives:
- Spouse or fiancé(e)
- Unmarried children under 21 (including adopted children)
- Parents (if you are 21 or older)
Lawful permanent residents (green card holders) can petition for:
- Spouse or fiancé(e)
- Unmarried children under 21 (including adopted children)
Immediate relative visas are always available, meaning there is no waitlist. Once approved, the family member can apply for an adjustment of status to become a lawful permanent resident and receive a green card.
Family Preference Visas & Green Cards
Unlike immediate relative visas, family preference visas are subject to annual limits, meaning applicants may have to wait for a visa to become available. These visas are divided into four categories:
- F1 – First Preference: Unmarried children (21 and older) of U.S. citizens.
- F2 – Second Preference: Spouses and unmarried children of lawful permanent residents.
- F3 – Third Preference: Married children of U.S. citizens, along with their spouses and minor children.
- F4 – Fourth Preference: Siblings of U.S. citizens, along with their spouses and minor children (if the petitioner is 21 or older).
Because the U.S. government sets a cap on the number of family preference visas issued each year, wait times vary based on application demand. Some applicants may have to wait several years before their visa is available.
Why Work With an Immigration Lawyer?
The family immigration process can be complex, with strict eligibility requirements and lengthy processing times. Working with an experienced immigration attorney at Western Law Firm can help you avoid common mistakes, streamline paperwork, and ensure the best chance of success.
We are committed to helping families reunite and build a future together in the U.S. Contact us today for a consultation and let us guide you through the immigration process with confidence.
Which Relatives Cannot Be Sponsored?
As a U.S. citizen or a green card holder, you are not permitted to sponsor certain relatives for immigration. This includes:
- Aunts and uncles
- Grandparents
- In-laws
- Cousins
Only immediate family members are eligible for sponsorship.
The Process of Petitioning for a Family Member
When a U.S. citizen or lawful permanent resident petitions for a relative, the process depends on their current location:
- If the relative is already in the U.S., they may file for an adjustment of status to obtain a green card when a visa becomes available.
- If the relative is outside the U.S., a petition must be filed with the National Visa Center (NVC), which will process the request and forward it to the appropriate U.S. consulate.
Immediate relatives of U.S. citizens do not have to wait for visa availability, as there are no annual caps for them.
Green Cards for Spouses
Marriage to a U.S. citizen or lawful permanent resident allows a non-citizen spouse to apply for a green card. The marriage must be bona fide (genuine), and proof is required, such as:
- Marriage license and certificate
- Joint utility bills
- Proof that any previous marriages have been legally dissolved
Since proving a legitimate marriage can be complex, many applicants choose to seek legal assistance from an immigration attorney.
Green Card Marriage Interview
The final step in the spousal green card process is an interview conducted by an immigration officer. The officer will assess the authenticity of the marriage by asking questions such as:
- Where did you go for your honeymoon?
- Who proposed and how?
- How did you meet?
- What side of the bed do you sleep on?
- What future plans do you have together?
If the officer suspects fraud, the couple may be questioned separately to compare answers.
Understanding Conditional Green Cards
If the marriage is less than two years old at the time of green card approval, the spouse will receive a conditional green card valid for two years. Before expiration, they must apply to remove conditions to obtain permanent residency.
Key Points About Parent, Child, and Sibling Visas
- U.S. citizens can sponsor parents, children, and siblings.
- Green card holders can petition for children and spouses.
- Petitions for immediate relatives typically take 8 to 10 months for U.S. citizens and around 2 years for green card holders.
- Married children and siblings usually experience longer processing times.
- Once approved, family-based visa holders automatically receive a green card, allowing them to live and work in the U.S.
Since processing times vary, consulting an immigration attorney can provide tailored guidance for each case.
How Long Does It Take to Get a Family-Based Visa?
The time required to obtain a family-based visa varies significantly depending on the relationship between the petitioner and the beneficiary. The process can take anywhere from a few months to several years, from the initial application to final approval.
How Much Does Family-Based Immigration Cost?
The cost of family-based immigration includes government and medical fees, totaling approximately $1,300. However, each case is unique. The expenses are typically spread out over six months, as fees are required at different stages, including application filing, biometrics collection, and medical examinations.
Our service fee starts at $1,000, depending on case specifics and the number of family members immigrating to the United States.
Do You Need an Attorney for Family-Based Immigration Help?
If you are a U.S. citizen or lawful permanent resident looking to bring family members to the United States, we can assist you.
Contact our office today for a free case review. We will answer your questions about family-based immigration and guide you through the process of reuniting with your loved ones.