What is family-based immigration?
Family-based immigration allows U.S. citizens and lawful permanent residents (green card holders) to sponsor certain relatives for a green card so they can live permanently in the United States.
Who can a U.S. citizen sponsor?
A U.S. citizen may sponsor:
- A spouse
- Unmarried children under 21
- Unmarried sons or daughters over 21
- Married sons or daughters
- Parents (if the citizen is 21 or older)
- Brothers and sisters (if the citizen is 21 or older)
Who can a green card holder sponsor?
A lawful permanent resident may sponsor:
- A spouse
- Unmarried children (any age)
Green card holders cannot sponsor parents, siblings, or married children.
What is the difference between immediate relatives and family preference categories?
Immediate relatives of U.S. citizens (spouses, parents, unmarried children under 21) are not subject to annual visa limits, which usually makes the process faster.
Family preference categories have yearly limits and often involve longer wait times.
How long does family immigration take?
Processing times vary based on:
- The relationship type
- The sponsor’s status (citizen vs green card holder)
- The applicant’s country of origin
- Government processing backlogs
Some cases take months, while others can take several years.
Can my spouse work while waiting for a green card?
In many cases, yes. If your spouse applies from within the U.S. through adjustment of status, they may be eligible for a work permit (EAD) while the green card application is pending.
What is consular processing?
Consular processing means the sponsored family member applies for their immigrant visa outside the United States at a U.S. embassy or consulate and enters the U.S. as a permanent resident once approved.
What is adjustment of status?
Adjustment of status allows an eligible applicant already in the U.S. to apply for a green card without leaving the country, as long as they meet legal requirements.
Do we have to prove the relationship is real?
Yes. USCIS requires evidence that the relationship is legitimate, such as:
- Marriage certificates
- Birth certificates
- Joint financial documents
- Photos and communication records
Insufficient evidence is a common reason for delays or denials of marriage green cards.
What happens if my application is denied?
A denial does not always mean the process is over. Options may include:
- Refiling the application
- Filing a motion or appeal
- Applying for a waiver, if available
Understanding the reason for denial is critical before taking next steps.
Can children be included in a family immigration case?
In some cases, yes. In others, children must have separate petitions. Eligibility depends on:
- Age
- Marital status
- The type of family petition filed
Do I need a lawyer or immigration professional?
Family immigration involves strict rules, deadlines, and documentation requirements. Many applicants seek help to:
- Avoid delays or rejections
- Ensure forms are completed correctly
- Understand eligibility and timelines
Guidance can be especially important for complex cases.
Where can I get help with family immigration?
ILOLA provides immigration legal services to help individuals and families understand their options and move forward with confidence. Call (213) 375-4084 or contact us online to schedule a consultation.
