Family Immigration

Family-based immigration requires:

1. Qualifying Relationship — A qualifying family relationship with a U.S. citizen or lawful permanent resident.

2. Petitioner Status — The petitioner must be a U.S. citizen or lawful permanent resident.

3. Financial Support — The petitioner must demonstrate sufficient income to support the beneficiary at 125% of the federal poverty level.

4. Eligibility — The beneficiary must be admissible to the U.S. or eligible for a waiver of inadmissibility.

Immediate Relatives (No Cap):

• Spouses of U.S. citizens
• Unmarried children under 21 of U.S. citizens
• Parents of U.S. citizens (petitioner must be 21+)

Family Preference Categories (Capped):

• F1: Unmarried sons/daughters (21+) of U.S. citizens
• F2A: Spouses and unmarried children under 21 of permanent residents
• F2B: Unmarried sons/daughters (21+) of permanent residents
• F3: Married sons/daughters of U.S. citizens
• F4: Siblings of U.S. citizens (petitioner must be 21+)

Consular Processing (Beneficiary Abroad):

1. File Form I-130, Petition for Alien Relative with USCIS.

2. Once approved, case is forwarded to the National Visa Center (NVC).

3. Pay fees, submit supporting documents, and complete the Affidavit of Support.

4. The beneficiary attends a visa interview at the U.S. consulate in their home country.

5. If approved, the beneficiary receives an immigrant visa to enter the U.S.

Adjustment of Status (Beneficiary in U.S.):

1. File Form I-130 and Form I-485 concurrently.

2. Attend biometrics appointment.

3. Attend adjustment of status interview.

4. Receive decision — if approved, the beneficiary becomes a lawful permanent resident.

K-1 Fiancé Visa:

For engaged couples where the U.S. citizen petitioner and foreign national fiancé plan to marry within 90 days of entry. After marriage, the foreign national may apply for adjustment of status.

Many family-based cases involve grounds of inadmissibility that require waivers:

Common Grounds Requiring Waivers:

• Unlawful presence in the U.S.
• Prior deportation or removal
• Certain criminal convictions
• Fraud or misrepresentation
• Health-related grounds
• Prior immigration violations

I-601 Waiver: For individuals inadmissible due to unlawful presence, criminal grounds, fraud, or other grounds. Requires demonstration of extreme hardship to a U.S. citizen or permanent resident spouse or parent.

I-601A Provisional Waiver: Allows certain individuals unlawfully present in the U.S. to apply for a waiver before departing for their consular interview, reducing time abroad.

I-212 Waiver: For individuals who have been previously removed or deported, allowing them to reapply for admission.

Our attorneys are experienced in presenting waivers to USCIS and consular offices abroad.

1. Permanent Residence — Family members obtain lawful permanent residence (Green Card).

2. Work Authorization — Green card holders may work for any employer in the U.S.

3. Path to Citizenship — Green card holders may apply for naturalization after 3-5 years.

4. Education — Access to U.S. schools and universities.

5. Family Unity — Families can live together in the United States.

6. Derivative Benefits — Spouse and unmarried children under 21 may accompany or follow to join.

7. Travel — Green card holders may travel freely and return to the U.S.