Family-Based Immigration Lawyer
Interested in bringing your family member to the United States? Navigating family-based immigration can be challenging, but you don’t have to face it alone. Our experienced family-based immigration lawyers will provide you with the support, guidance, and legal representation you need throughout your loved one’s journey.
Whether you are seeking to bring your spouse, child, parent, or sibling to the United States, our legal team can help. We understand the impact that immigration decisions can have on your future. Our family immigration attorneys will help you decide on the best path for your circumstances, so you can reunite with your loved ones.
With our deep knowledge of immigration law and decades of experience in handling family-based immigration cases, we are equipped to handle even the most challenging situations.
Contact a family-based immigration lawyer at Khalaf & Abuzir, LLC for a consultation.
Call (708) 233-1122 or (972) 561-0343.
What Relatives Are Eligible for Family-Based Immigration?
The United States Citizenship and Immigration Services (USCIS) recognizes certain family relationships for immigration purposes. Generally, immediate relatives such as spouses, parents, and unmarried children under the age of 21 of U.S. citizens are given the highest priority. USCIS also offers preference categories for other family members of U.S. citizens and lawful permanent residents, including married children, siblings, and adult children. Each category has specific requirements and limitations.
Our experienced family-based immigration lawyers can assess your situation and your goals, determine eligibility, and guide you through the legal process, so your family members can live and work in the United States.
How to Apply for a Family-Based Green Card
To ensure a smooth and successful application process, it is crucial to understand the necessary steps involved in applying for a family-based green card. Here’s a breakdown of what to expect.
Determine Eligibility
The first step in obtaining a family-based green card is to establish your eligibility to sponsor your family member, and your loved one’s eligibility for a green card based on that person’s relationship to you as a U.S. citizen or a lawful permanent resident.
File an Immigrant Petition
As the U.S. citizen or lawful permanent resident, you must file an immigrant petition (Form I-130, Petition for Alien Relative). This form establishes the family relationship within the preference categories, and initiates the green card application process.
Wait for Approval
USCIS will review the petition to ensure all criteria are met. Upon approval, the case will be forwarded to the National Visa Center (NVC) for further processing. Depending on the foreign national’s preference category, he or she may need to wait for a visa to become available.
Complete the Necessary Forms and Submit Documentation
The NVC will provide instructions on completing the required forms and gathering supporting documents, such as birth certificates, marriage certificates, and financial information. If your family member resides in the U.S., he or she will need to apply for Adjustment of Status. Those living abroad will be required to go through consular processing.
Attend the Visa Interview
If your loved one lives outside the United States, he or she will attend a visa interview at the U.S. embassy or consulate in that country. During the interview, your loved one will need to answer questions about his or her background and relationship with the petitioner.
Receive the Green Card
If the application is approved, an immigrant visa will be issued. Your loved one will receive a green card granting lawful permanent resident status in the United States after the visa is issued, and after the applicant enters the United States. If your loved one is an adjustment of status applicant, the green card will be received shortly after the interview, as long as the I-485 is approved.
At Khalaf & Abuzir, our legal team will guide you through each step towards applying for a family-based green card and bringing your family member to the United States.
Common Challenges in Family-Based Immigration Cases
While many family-based immigration applications proceed without major issues, delays and denials can occur. Some common challenges include:
- Incomplete or incorrect documentation — Missing forms, outdated evidence, or improperly translated documents can result in significant delays.
- Proving a genuine relationship — USCIS may request additional evidence to confirm the authenticity of a marriage or family relationship, particularly in cases involving long-distance relationships.
- Visa backlogs — Preference category visas are subject to annual quotas, and applicants from countries with high demand may face multi-year waits.
- Prior immigration violations — Overstays, unlawful entries, or prior deportations can complicate eligibility.
- Criminal history — Certain criminal convictions can impact both the petitioner’s and beneficiary’s eligibility.
Our immigration attorneys anticipate these challenges and prepare your case to minimize the risk of delays or denials.
Adjustment of Status vs. Consular Processing
Your family member’s location will determine whether they apply for a green card through Adjustment of Status (within the U.S.) or Consular Processing (outside the U.S.).
- Adjustment of Status — Allows eligible applicants already in the United States to apply for a green card without leaving the country. This process can often be faster and avoids international travel.
- Consular Processing — Requires the applicant to complete the immigration process at a U.S. embassy or consulate abroad. This is often the only option for family members living outside the U.S.
We help you determine which pathway applies to your case, prepare the necessary forms, and ensure your loved one meets all requirements.
Family-Based Green Card Sponsorship Guidelines
As a United States citizen or lawful permanent resident who is 21 years of age or older, you will need to meet various requirements to sponsor your loved one for a family-based green card. For starters, you must have a qualifying family relationship with the foreign national. Eligible relationships include spouses, parents, children (unmarried and under 21), and siblings (for U.S. citizens only).
You must also demonstrate your ability to financially support your family member to ensure the immigrant will not become a public burden. This is accomplished by filing an Affidavit of Support (Form I-864). To qualify, your income must be at least 125% of Federal Poverty Guidelines for your household size.
How Long Does it Take to Get a Family-Based Green Card in the United States?
Various factors may impact the processing time for a family-based green card in the United States. These include the verification of the foreign national’s familial relationship to the sponsor, the category of the family-based visa, the visa bulletin priority dates, and the USCIS backlog. Immediate relatives of U.S. citizens, such as spouses and minor children, generally have significantly shorter processing times because visas are unlimited and readily available. Preference category visas for other family members, such as siblings or adult children, usually have longer processing times due to annual quotas.
Why Choose Khalaf & Abuzir, LLC for Family Immigration Cases
Choosing the right immigration lawyer can make all the difference in the outcome of your case. Here’s why families trust us:
- Proven success in complex cases — From overcoming prior denials to handling cases involving multiple countries, we know how to navigate challenges.
- Personalized legal strategies — Every family’s situation is unique. We tailor our approach to meet your specific needs.
- Multilingual team — We serve clients in multiple languages to ensure nothing gets lost in translation.
- Local experience, national reach — Based in Illinois, we assist families nationwide and internationally.
FAQs About Family-Based Immigration in the United States
What Are the Two Types of Family Based Immigrant Visas?
The two types of family-based immigrant visas in the United States are immediate relative visas and family preference visas. Immediate relative visas are available to the spouses, parents, and unmarried children (under 21) of U.S. citizens. An unlimited number of immediate relative visas are available. Family preference visas, on the other hand, are intended for other relatives of U.S. citizens or lawful permanent residents. These include unmarried adult children, married children, siblings, and spouses or unmarried children of lawful permanent residents. A limited number of family preference visas are available. As a result, many people face substantial wait times.
What if My Partner and I Aren’t Married Yet?
If you’re engaged to a foreign national but not yet married, you may be eligible for a K-1 fiancé(e) visa. This nonimmigrant visa allows your fiancé(e) to enter the U.S. so you can marry within 90 days. Once you are married, your spouse can apply for a green card through adjustment of status. This process is different from applying for a family-based immigrant visa from outside the U.S.
What Is a Family-Based Immigration Petition?
A family-based immigration petition (Form I-130) is a formal request submitted to USCIS to sponsor a foreign family member for an immigrant visa or green card. The U.S. citizen or lawful permanent resident files the petition on behalf of their eligible family member. The petition establishes the familial relationship and serves as the initial step in obtaining lawful permanent residency for the foreign national. The petitioner and the foreign national family member will need to complete various steps. These include, but are not limited to, submitting the supporting documents, paying fees, and meeting eligibility criteria outlined by USCIS.
How Much Does it Cost to Sponsor an Immigrant?
For family-based immigration petitions, the cost to sponsor an immigrant can vary significantly, depending on the forms and processes involved. You’ll need to plan for the USCIS filing fee for Form I-130 (Petition for Alien Relative), which is currently $535. Additional fees may also be required, such as the USCIS filing fee for Form I-485 (Application to Register Permanent Residence or Adjust Status) and the immigrant visa application fee. These fees can range from several hundred to several thousand dollars. The most updated fee information for family-based visas can be found on the USCIS website.
Immediate Relatives vs. Family Preference Categories
U.S. immigration law separates family-based immigrant visas into two main groups: immediate relatives and family preference categories. Understanding which category applies to your case is critical because it determines wait times, visa availability, and how quickly your loved one can join you in the United States.
Immediate Relatives of U.S. Citizens
Immediate relatives enjoy the highest priority under U.S. immigration law. There are no annual limits on the number of visas in this category, meaning these cases typically move faster. Eligible relationships include:
- Spouses of U.S. citizens
- Unmarried children under 21 of U.S. citizens
- Parents of U.S. citizens (if the petitioner is at least 21 years old)
Because visas are always available for immediate relatives, there is no need to wait for a “priority date” to become current.
Family Preference Categories
Family preference visas are for other qualifying relatives of U.S. citizens and lawful permanent residents. These visas are subject to annual numerical limits, which can create significant backlogs. The categories include:
- First Preference (F1) — Unmarried adult children (21 and older) of U.S. citizens
- Second Preference (F2A) — Spouses and unmarried children under 21 of lawful permanent residents
- Second Preference (F2B) — Unmarried adult children of lawful permanent residents
- Third Preference (F3) — Married children of U.S. citizens
- Fourth Preference (F4) — Brothers and sisters of U.S. citizens
Each category has its own wait times, which can vary based on the applicant’s country of origin. We help you understand your category, review the current Visa Bulletin, and create a strategy to move your case forward as efficiently as possible.
What Happens After Filing a Family-Based Immigration Petition
Many families are uncertain about what happens after they submit Form I-130, Petition for Alien Relative. While each case is unique, most follow a similar process.
- Receipt Notice from USCIS
After filing your petition, USCIS will issue a receipt notice confirming they have received your application and fee. This notice contains your case number, which you can use to track your application. - USCIS Review and Decision
USCIS reviews the petition to verify eligibility and ensure all required evidence is included. If additional information is needed, USCIS may issue a Request for Evidence (RFE). If the petition is approved, the case moves to the next stage. - Case Transfer to the National Visa Center (NVC)
Approved petitions for beneficiaries outside the United States are sent to the NVC, which collects fees, forms, and supporting documents. The NVC then schedules an interview at the appropriate U.S. embassy or consulate. - Visa Bulletin and Priority Dates
For family preference categories, you may need to wait until your “priority date” is current, according to the U.S. Department of State’s monthly Visa Bulletin. Immediate relatives can skip this step because visas are always available. - Medical Exam and Interview
Your family member will need to undergo a medical examination and attend an immigration interview. The interview typically covers the relationship between the petitioner and beneficiary, as well as the beneficiary’s background. - Visa Issuance or Adjustment of Status
- If abroad: The U.S. consulate issues the immigrant visa, allowing entry into the United States. A green card is mailed shortly after arrival.
- If in the U.S.: The beneficiary applies for Adjustment of Status (Form I-485) to obtain lawful permanent residence without leaving the country.
Our legal team keeps you informed at every stage, helping you avoid delays and preparing you for each step in the process.
Dealing with Denials or Requests for Evidence (RFEs)
Unfortunately, not every family-based immigration petition is approved on the first attempt. Denials and Requests for Evidence (RFEs) can occur for many reasons — but with experienced legal guidance, they do not have to end your case.
Common Reasons for RFEs or Denials
- Missing or incomplete documentation
- Insufficient proof of a bona fide relationship
- Inconsistencies between forms and supporting evidence
- Prior immigration violations or unlawful presence
- Criminal history affecting admissibility
Responding to an RFE
When USCIS issues an RFE, it means they need more evidence before making a decision. The notice will list exactly what is required and the deadline for submission. Our attorneys help you:
- Gather and organize the requested documentation
- Prepare detailed legal arguments supporting your eligibility
- Submit the response in the correct format and on time
Overcoming a Denial
If your petition is denied, you may be able to file an appeal or motion to reopen/reconsider, or submit a new petition with stronger evidence. We review the denial notice, identify the best course of action, and fight for your family’s chance to reunite in the United States.
With Khalaf & Abuzir, LLC, you have a legal team that anticipates potential issues, addresses them proactively, and stands ready to advocate for your family if challenges arise.