Last Updated on December 17, 2025 by JR

Family-Based Immigration

Family-based immigration is the primary way U.S. citizens and lawful permanent residents (green card holders) sponsor close relatives for permanent residence. Some cases are clean and straightforward. Others require careful legal planning because of prior immigration history, unlawful presence concerns, arrests/charges, incomplete records, or financial sponsorship issues.

This page provides a practical overview of (1) who qualifies, (2) how visa availability works, and (3) the two main paths to a green card: adjustment of status in the U.S. or consular processing abroad. If you want guidance on your specific situation, schedule a free consultation.

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Who Can Be Sponsored

Immediate Relatives of U.S. Citizens

“Immediate relatives” are certain close family members of U.S. citizens. These categories are generally not subject to annual numerical limits.

IR-1 / CR-1: Spouse of a U.S. citizen
IR-2: Unmarried child under 21 of a U.S. citizen
IR-5: Parent of a U.S. citizen (petitioner must be at least 21)
IR-3 / IR-4: Certain orphan adoption cases (adopted abroad or to be adopted in the U.S.)

Family Preference Categories

Preference categories include certain relatives of U.S. citizens and family members of lawful permanent residents. These categories are subject to annual limits, which can create a waiting period depending on the category and the beneficiary’s country of chargeability.

F1: Unmarried adult sons/daughters of U.S. citizens
F2A / F2B: Spouses and children of lawful permanent residents (minor children/spouses vs. unmarried adult children)
F3: Married sons/daughters of U.S. citizens
F4: Siblings of U.S. citizens (petitioner must be at least 21)

Visa Bulletin and Priority Dates (Official DOS Resource)

For preference-category cases, your place in line is generally tied to your priority date—often the date USCIS received the underlying petition (Form I-130). The Department of State publishes the Visa Bulletin monthly. When your category becomes current, you can typically move forward (adjustment of status in the U.S. or consular processing abroad, depending on eligibility).

Department of State Visa Bulletin (official)

Two Paths to a Green Card

1) Adjustment of Status (Applying in the United States)

Adjustment of status is the process of applying for permanent residence while the beneficiary is physically present in the U.S. Many immediate-relative cases can be filed in a coordinated way, but the right approach depends on eligibility, prior immigration history, and timing.

Common filings may include:

Form I-130 (Petition for Alien Relative) — USCIS
Form I-485 (Adjustment of Status) — USCIS
Form I-864 (Affidavit of Support) — USCIS
Supporting evidence (relationship documents, civil documents, identity, and other required records)

2) Consular Processing (Applying Through a U.S. Consulate Abroad)

Consular processing is used when the beneficiary will obtain the immigrant visa through a U.S. consulate or embassy outside the United States. After USCIS approves the I-130, the case is handled through the National Visa Center (NVC) before being scheduled for a consular interview.

Official Department of State process overview:

Common consular-stage filings include:

Form DS-260 (submitted online through CEAC)
Form I-864 (Affidavit of Support) and required financial evidence
Civil documents (birth/marriage records, police certificates where required, etc.)
Medical exam from an approved panel physician

Fees change periodically. For the most current government fee amounts, consult the Department of State’s official immigrant visa fee page:

DOS: Fees for Visa Services (official)

Conditional Residence and Form I-751 (Removing Conditions)

Some spouses who obtain permanent residence through marriage receive conditional residence. Removing conditions generally requires filing Form I-751 during the required filing window and submitting strong evidence that the marriage was entered into in good faith and continues (or that a waiver applies).

Form I-751 (Petition to Remove Conditions on Residence) — USCIS

Examples of helpful relationship evidence include:

Joint bank/credit statements
Joint lease/mortgage, insurance, and utility records
Joint tax filings
Children’s birth certificates (if applicable)
Photos, travel records, and other proof of shared life
Affidavits from people with firsthand knowledge of the relationship

Forms and Official Resources (USCIS + DOS)

Most Family Cases We Handle Start Here

If your goal is a green card through marriage, see our dedicated guide with a step-by-step breakdown,
typical evidence, and interview preparation.

Marriage-based adjustment of status (AOS)
Consular processing for spouses abroad
Conditional residence and Form I-751 (removing conditions)

Go to the Marriage Green Card guide

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Why Work With an Immigration Attorney

Even “simple” family cases can run into delays when the paperwork is incomplete, the evidence is thin, or a legal issue requires planning. We help clients reduce risk and avoid preventable problems by focusing on:

Eligibility analysis: identifying issues early (prior overstays, entries, arrests/charges, misrepresentation concerns, prior filings).
Evidence strategy: building a strong, organized submission that matches what USCIS or the consulate expects.
Process management: deadlines, interview readiness, and responding to RFEs/NOIDs when they arise.
Clear guidance: practical explanations and a documented plan, so you know what to expect at each step.

Ready to discuss your family-based case? Schedule a free consultation and we will walk through eligibility, the best filing path (adjustment vs. consular processing), and what your case will realistically require.

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