Family Immigration

For most families, immigration law isn’t an abstract legal concept, it’s the difference between spending the holidays together or apart. Family immigration is the legal path that lets U.S. citizens and lawful permanent residents (LPRs) sponsor a spouse, parent, child, or sibling for a green card, giving them the right to live in the United States permanently.

Not every relationship moves through the system at the same speed, and knowing which category you fall into can save you months of guessing. Immediate relatives, meaning spouses, minor children under 21, and the parents of adult U.S. citizens, get priority treatment: there’s no annual cap on these visas, so a visa is available the moment your case is approved. Everyone else, including adult children and siblings of U.S. citizens, along with the spouses and unmarried children of LPRs, falls into the family preference categories, which are subject to yearly numerical limits and often a longer wait.

Engaged to a U.S. citizen but not married yet? The K-1 visa, or fiancé(e) visa, lets your partner bring you to the United States to marry within 90 days of your arrival, with the plan of applying for a green card afterward. To qualify, the two of you generally need to have met in person within the past two years, though exceptions exist for couples separated by strict cultural or religious customs, or when meeting would create extreme hardship for the U.S. citizen petitioner. Once you’re married, the foreign spouse can apply for adjustment of status to become a lawful permanent resident.

Regardless of which path fits your family, the process always starts the same way, with the sponsoring relative filing a petition with U.S. Citizenship and Immigration Services (USCIS).

Family Immigration Frequently Asked Questions:

What is family immigration sponsorship?

It’s the legal mechanism that lets U.S. citizens and lawful permanent residents (LPRs) petition for a qualifying family member to receive a green card and live permanently in the United States.

Who can sponsor a family member for a green card?

U.S. citizens have the broadest reach, they can sponsor a spouse, children (whether married or unmarried), parents, and siblings. Lawful permanent residents can sponsor a spouse and unmarried children only.

What are the eligibility requirements for the sponsor?

To sponsor a family member, you must be a U.S. citizen or LPR, at least 18 years old, and able to show you can financially support them, typically through the Affidavit of Support (Form I-864).

What are the eligibility requirements for the beneficiary (the family member being sponsored)?

The family member you’re sponsoring must qualify under U.S. immigration law, pass background checks, and meet health and other admissibility requirements.

What is the difference between Adjustment of Status (AOS) and an Immigrant Visa (IV)?

These are simply two roads to the same destination, a green card. Both start with an approved USCIS petition; from there, your location and eligibility determine whether you apply from inside the United States (adjustment of status) or through a U.S. embassy abroad (immigrant visa).

Adjustment of Status

If you’re already in the U.S., adjustment of status lets you become a lawful permanent resident without leaving the country. You’ll file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.

While your application is pending, you can apply for a work permit (Form I-765) and a travel document (Form I-131), so you can keep working and traveling without jeopardizing your case.

You’ll generally need to have entered the U.S. lawfully (with some exceptions) and meet the requirements for your specific immigrant category. Processing can take anywhere from several months to over a year, depending on USCIS’s current backlog and the details of your case.

Immigrant Visa (Consular Processing)

If you’re outside the United States, or you’d simply rather finish the process abroad, consular processing is your path. Once USCIS approves the petition, it moves to the National Visa Center (NVC) for further processing, and you’ll eventually interview at a U.S. embassy or consulate in your home country, where a consular officer reviews your application and documents.

Once approved, you’ll receive an immigrant visa in your passport and must enter the U.S. before it expires. From there, you become a lawful permanent resident, and your green card arrives by mail.

Timing varies widely, from several months to a few years, depending on your visa category, country of origin, and how busy USCIS, the NVC, and the consulate happen to be.

What is the Affidavit of Support (Form I-864)?

The Affidavit of Support is a binding legal contract, the sponsor agrees to financially support the immigrant so they don’t become a public charge. Sponsors need income at least 125% of the Federal Poverty Guidelines for their household size. You can check current requirements here: 2024 HHS Poverty Guidelines for Affidavit of Support. If income falls short, a joint sponsor or the immigrant’s own assets may fill the gap.

What happens if the sponsor cannot meet the financial requirements?

A joint sponsor, or another household member, can step in and file a separate Affidavit of Support to make up the difference.

Can a U.S. citizen sponsor a fiancé(e)?

Yes. A K-1 visa lets your fiancé(e) enter the U.S. and marry within 90 days. Once you’re married, they can apply for adjustment of status to become a permanent resident. Read more about this process HERE.

What are common reasons for denial of a family-based green card?

Denials typically come down to insufficient financial support, a criminal record, health issues, prior immigration violations, or missing documentation. An experienced immigration attorney can help you spot these risks before they become a problem, and in some cases, a waiver for certain violations can be filed in advance to head off a denial.

Can the beneficiary work while waiting for their green card?

If you’re in the U.S. and have applied for adjustment of status, yes, you can apply for a work permit (Employment Authorization Document) while your green card application is pending.

What rights and responsibilities come with a green card?

A green card lets you live and work permanently in the U.S., travel abroad with some restrictions, and eventually apply for U.S. citizenship once you meet the requirements. In exchange, you’re expected to follow U.S. laws and keep your status in good standing.

Can green card holders sponsor their family members?

Yes, but only a spouse and unmarried children. Parents, siblings, and married children have to wait until you become a U.S. citizen.