Professional Family-Based Immigration

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