Immigration Petition for Family

Family-based immigrant petitions are filed by either U.S. citizens or permanent residents. The term immediate relative applies to limited relatives of U.S. citizens, including spouses, parents, and children. Special rules apply for spouses of U.S. citizens if the marriage is less than two years in duration at the time of admission or adjustment of status, including a requirement to file Form I-751 to remove conditions on residence within 90 days before the second anniversary of obtaining conditional residence. The term preference relative applies to certain other relatives of U.S. citizens and permanent residents.

Preference relatives include married and unmarried sons and/or daughters (over 21) of U.S. citizens; brothers and/or sisters of U.S. citizens. Also included as preference relatives are spouses, minor children, and unmarried sons and/or daughters (over 21) of U.S. permanent residents. Preference relatives cannot obtain permanent residence until their priority dates are current.

Immediate relatives do not face waiting times for visa availability. Immediate relatives in the United States may qualify to file Form I-485 to adjust their status. Preference relatives often face very long waiting times due to strict annual limits on permanent immigration benefits. The length of the wait depends upon which family preference category is appropriate, as well as the country of origin.

Requirements

The sponsoring relative must file a petition (Form I-130) on behalf of the qualifying foreign national relative. If the relative is outside the U.S., the immigrant visa case will proceed via consular processing. If the relative is inside the U.S. and maintains valid status, they may be eligible to adjust status through USCIS.

Immediate relatives require an I-130 filing for each sponsored family member.

Sufficient documentation of the qualifying family relationship must be provided.

Family-based cases generally require an affidavit of support (Form I-864), a legally binding contract requiring the sponsor to maintain the immigrant at 125% of the federal poverty level and reimburse any means-tested public benefits used by the immigrant.

How We Can Help You

Our attorneys can assist in preparation for and representation at interviews at USCIS offices or U.S. consulates.

Our attorneys advise on legal issues and assist in all types of family-based immigration cases at local USCIS offices, service centers, and U.S. consulates abroad, subject to applicable regulations and consular post restrictions regarding attorney representation.