Family Based Immigration

One of the fundamental tenants of U.S. immigration law is family reunification. The process of petitioning for your family to come to the United States is known as family-based immigration. There are multiple routes you can take to help your family gain citizenship or legal permanent residency (a green card). The process can play out very differently depending on various factors, including (but not limited to) whether your family member is inside or outside the U.S.; how you are related; and if you, the petitioner, are a U.S. citizen or have a green card.

I-130 Petition for Alien Relative

The first step in helping your family member obtain permanent legal residency (a green card) is submitting a Form I-130—Petition for an Alien Relative—to the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). The purpose of this form is to prove your legal status in the United States and the relationship between you and your family member who wishes to immigrate to the United States.

U.S. citizens can file petitions for their spouses, children, siblings, and parents. Green card holders can file for their spouses and unmarried children.

Consular Processing

If your family member is outside of the United States, they must go through consular processing, where an immigrant visa application is submitted to and ultimately reviewed by a consular officer at a U.S. embassy overseas. When granted, the immigrant visa will allow your relative to be admitted into the United States as a permanent resident.

Adjustment of Status

If your family member is already in the country when you file the I-130 Petition for them, they can submit a Form I-485, Application to Adjust Status to Lawful Permanent Resident (aka green card), once a visa is available to them. To pursue this route, you must make sure your family member has no inadmissibility issues that would prevent them from being able to obtain a green card.

Fiancé(e) Visas

If you are a U.S. citizen who wants to bring your fiancé(e) and/or their children (under 21 years) to the United States to get married, you can explore the path of petitioning for your loved one to obtain a K-1/2 nonimmigrant (“fiancé”) visa through the U.S. Embassy. The K-1 visa allows your loved one to travel to the United States to marry you within 90 days of entering the U.S. Then, once married, your loved one can file a Form I-485 to adjust their status to lawful permanent resident.  

Waivers

If your family member is deemed inadmissible for any number of reasons, they may not be able to adjust status and/or obtain a visa to enter the United States. There are various types of waivers available to overcome inadmissibility issues, and so it is critical that you consult with an experienced attorney to see if any waiver applies to your case, and if you meet the requirements for the waiver you seek to submit.

At Garfield Law Group, we handle all aspects of family-based immigration, from the initial petition, to adjusting status or obtaining a visa through the U.S. Embassy, including all applicable waivers. If you would like to explore whether family-based immigration is a viable option for you or your family member, please contact us today.

You can learn more about family-based immigration HERE.