What Is Family-Based Immigration?
Family-based immigration — the most common path to US permanent residency — allows citizens and green card holders to petition for qualifying family members to live permanently in the US.
Who Can Petition for Whom
US citizens can petition for: spouse, unmarried children under 21, parents (immediate relatives — no cap), adult children, married children, and siblings (preference categories with backlogs). LPRs can petition for: spouse and unmarried children under 21 (F-2A), and unmarried adult children (F-2B).
The Petition and Waiting Period
File Form I-130. Immediate relatives proceed directly to adjustment or consular processing. Preference categories wait for visa number availability (tracked in the State Department Visa Bulletin). Wait times: months to decades.
Marriage-Based Green Cards
Spouses married less than 2 years receive a 2-year conditional green card. Both spouses must jointly file I-751 to remove conditions. USCIS interviews probe marriage genuineness — preparation with your attorney is important for genuine couples.
Affidavit of Support
Sponsors file I-864 (Affidavit of Support), legally binding themselves to support the immigrant at 125% of the poverty line. This is an enforceable legal obligation that persists until the immigrant becomes a US citizen or accumulates 40 quarters of work.
What to Look for in a Immigration Law Provider
- Active state bar license — verify through your state bar's public lookup
- AILA (American Immigration Lawyers Association) membership — indicates specialization
- Experience specifically in your case type (family, employment, asylum, removal defense)
- No disciplinary history — check your state bar and AILA
- Clear written fee agreement before any work begins
- Responsive communication — immigration has strict deadlines that require timely attorney action
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How long does family immigration take?
Immediate relatives of US citizens: 12–24 months. F-2A (LPR spouse/minor children): 2–4 years. F-2B (LPR's unmarried adult children): 5–7+ years. F-3 (US citizen's married adult children): 10+ years. F-4 (US citizen siblings): 10–20+ years.