Complete Guide to Family-Based Immigration

Family reunification remains the cornerstone of the U.S. immigration system. Each year, thousands of families begin their journey toward living together in the United States through family-based immigration. This guide will help you understand the different pathways available, eligibility requirements, and how to navigate the application process with confidence.

{{cta-component-center-aligned}}

Understanding Family-Based Immigration Categories

The U.S. government divides family-based immigration into two main categories:

Immediate Relatives of U.S. Citizens

Immediate relatives receive priority in the immigration system with no annual caps on visa numbers:

• Spouses of U.S. Citizens (IR1/CR1) – If you’re married to a U.S. citizen, you may qualify for a green card. Learn more about the marriage-based green card process.
• Parents of U.S. Citizens (IR5) – U.S. citizens who are at least 21 years old can petition for their parents to become permanent residents. Explore our parents green card guide.
• Children of U.S. Citizens (IR2/CR2) – Unmarried children under 21 of U.S. citizens can be sponsored for permanent residency. Understand the process for children.

Family Preference Categories

These categories have annual numerical limitations and often involve longer wait times:

• First Preference (F1): Unmarried adult children (21 or older) of U.S. citizens.
• Second Preference (F2):
  • F2A: Spouses and unmarried children (under 21) of permanent residents
  • F2B: Unmarried adult children (21 or older) of permanent residents.
• Third Preference (F3): Married children of U.S. citizens, regardless of age.
• Fourth Preference (F4): Siblings of U.S. citizens, provided the U.S. citizen is at least 21 years old.

Learn more about annual caps on green cards with our guide on how to read the Visa Bulletin.

The Family-Based Immigration Process

1. File the Petition
   • The U.S. citizen or permanent resident family member (the petitioner) must file Form I-130 (“Petition for Alien Relative”), with USCIS.
2. Wait for USCIS Approval
   • After filing, USCIS will review your petition. Processing times vary based on the family relationship and USCIS workload.
3. Visa Availability
   • Immediate relatives can proceed immediately after petition approval. Family preference categories must wait until a visa becomes available according to the Visa Bulletin.
4. Apply for a Green Card
   • Depending on where the beneficiary lives, they will apply via one of the following processes:
     • Consular Processing: Apply for an immigrant visa at a U.S. embassy or consulate abroad.
     • Adjustment of Status: Apply to adjust status to permanent resident if already lawfully in the U.S.
5. Attend the Interview
   • All applicants must attend an interview. Learn more about how to prepare for the green card interview.
6. Receive Your Green Card
   • If approved, you’ll receive your green card and begin your life as a permanent resident in the United States.

Common Challenges in Family-Based Immigration

• Proving a Bona Fide Relationship: Documents demonstrating the authenticity of your family relationship are an important part of the application.
• Navigating Long Wait Times: Family preference categories often face significant backlogs. Understand how to check your place in line.
• Addressing Inadmissibility Issues: Certain factors may make someone inadmissible to the U.S. Explore how to apply for a waiver of inadmissibility.
• Understanding the Costs: Immigration applications involve various fees including filing fees, medical exam costs, and potential legal expenses.

{{cta-component-center-aligned-1}}

Special Considerations

• LGBTQ+ Families: Same-sex spouses have the same rights in the immigration process as opposite-sex couples.
• Adopted Children: Learn about the process for international adoptions.
• Conditional Residency: Spouses married less than two years receive conditional status initially.
• Financial Requirements: All sponsors must meet income requirements.

Boundless Immigration Reviews