Family-based immigration is one of the most common and effective ways for foreign citizens to secure lawful permanent residency in this country. Through this process, U.S. citizens and lawful permanent residents can sponsor close family members to join them and live in the country indefinitely.
Whether you are petitioning for a spouse, child, parent, or sibling, the requirements and timelines vary depending on the relationship and your immigration status. Understanding the available programs and procedures is important, as a single mistake can have lasting consequences for you and your family. Working with an immigration attorney can help ensure the correct process is followed and common delays are avoided.
Immigrant Petitions for Spouse/Child/Parent/Sibling
U.S. citizens can file immigrant petitions for their spouses, parents, children, and siblings. These petitions begin with Form I-130, which establishes the qualifying family relationship. Spouses, parents, and children under 21 of U.S. citizens are classified as “immediate relatives” and are not subject to annual visa limits, allowing for faster processing. Lawful permanent residents may also petition for spouses and unmarried children, though these fall under the family preference system and face longer wait times. Accurate documentation, including proof of the relationship and legal status of the petitioner, is essential to avoid delays or denials.
K-1 Fiancé/Fiancée Petitions
The K-1 visa allows a U.S. citizen to sponsor a foreign fiancé or fiancée for entry into the United States to get married. To qualify, the couple must intend to marry within 90 days of the non-citizen’s arrival in the U.S.
The process begins with Form I-129F, Petition for Alien Fiancé(e), which requires proof of a genuine relationship between the couple. There must also be at least one in-person meeting within the past two years. Once approved, the fiancé(e) can apply for the K-1 visa through a U.S. consulate abroad. After marriage, the foreign spouse may apply to adjust status and obtain a green card. Unlike most other visa programs, the K-1 visa cannot be extended.
Green Cards/Adjustment of Status
Adjustment of status is the process that allows foreign nationals already in the United States to apply for a green card without leaving the country. It is commonly used by spouses, children, or parents of U.S. citizens who entered the country lawfully. Most of the time, this involves changing from a non-immigrant visa to an immigrant visa. Applicants must pass background checks, a medical examination, and submit to an in-person interview to qualify.
Green Cards/Immigrant Visa Processing at a U.S. Embassy or Consulate
For family members living outside the United States, green card applications are processed through a U.S. embassy or consulate abroad. This process, known as consular processing, requires applicants to appear for an in-person visa interview at the U.S. embassy or consulate in their home country.
Learn How Footbridge Law LLC Can Help
For many families, reunifying in the United States is the ultimate goal after years of living apart. The family immigration system can make that dream a reality, but the process is rarely simple. Let our attorneys help you put your best foot forward. Contact us today.