At WesternLawCo, 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:
- Reserved for close family members of U.S. citizens
- Spouses, unmarried children under 21, and parents
- No annual cap – always available
- Available for extended family members
- Siblings, married children, and relatives of green card holders
- Subject to annual limits and wait times
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:
Unmarried children (21 and older) of U.S. citizens.
Spouses and unmarried children of lawful permanent residents.
Married children of U.S. citizens, along with their spouses and minor children.
Siblings of U.S. citizens, along with their spouses and minor children.
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.
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.
Costs & Timeline
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.
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