The Family-Based Immigration process allows U.S. citizens and lawful permanent residents (green card holders) to sponsor eligible family members to live permanently in the United States. The process begins with filing Form I-130, Petition for Alien Relative, to establish a qualifying family relationship.

What is Form I-130?

Form I-130 is a critical step in family-based immigration. It is filed with U.S. Citizenship and Immigration Services (USCIS) to confirm the relationship between a petitioner (the sponsoring U.S. citizen or green card holder) and the beneficiary (the foreign national family member).

Who Can File Form I-130?

1. U.S. Citizens can sponsor:

   • Spouse
   • Children (unmarried and under 21 years old)
   • Unmarried sons or daughters (21 years or older)
   • Married sons or daughters (any age)
   • Parents (if the petitioner is 21 or older)
   • Siblings (if the petitioner is 21 or older)

2. Lawful Permanent Residents (Green Card Holders) can sponsor:

   • Spouse
   • Unmarried children (under 21 years old)
   • Unmarried sons or daughters (21 years or older)

Key Benefits of Family-Based Immigration

• Allows families to reunite and live together in the U.S.
• Provides eligible relatives a path to permanent residency and eventually U.S. citizenship.

Steps to Apply for Family-Based Immigration

1. File Form I-130

   • The petitioner completes Form I-130 and submits it to USCIS along with the required documentation, including:
     • Proof of U.S. citizenship or lawful permanent residency (e.g., birth certificate, passport, or green card).
     • Proof of relationship (e.g., marriage certificate, birth certificate, or other supporting evidence).
     • Applicable filing fee.

2. Approval of I-130 Petition

   • Once USCIS approves the petition, it is sent to the National Visa Center (NVC) for further processing if the beneficiary is outside the U.S.

3. Visa Availability and Priority Dates

   • Immediate relatives (spouse, unmarried children under 21, and parents of U.S. citizens) do not face wait times for visa availability.
   • For preference categories (e.g., siblings, married children), visas are issued based on priority dates in the Visa Bulletin.

4. Adjustment of Status or Consular Processing

   • If the beneficiary is in the U.S., they may apply for Adjustment of Status (Form I-485).
   • If outside the U.S., they undergo consular processing at a U.S. embassy or consulate.

Processing Time

The processing time for I-130 petitions varies depending on the relationship, the petitioner’s status, and the country of the beneficiary. Immediate relatives typically experience faster processing times compared to preference categories.

Family Members and Derivative Beneficiaries

In some cases, eligible derivative beneficiaries (such as the spouse or children of the principal beneficiary) may be included in the petition and granted immigrant visas.

Why Choose Family-Based Immigration?

Family-Based Immigration ensures loved ones can reunite and build a life together in the United States. Whether you’re sponsoring a spouse, child, parent, or sibling, this process is an essential pathway to creating lasting family connections in the U.S.