Family-Based Immigration

Family-based immigration is a pathway for foreign nationals to obtain lawful permanent residency (a Green Card) in the United States through their family relationships with U.S. citizens or lawful permanent residents (LPRs). This immigration category allows eligible relatives to reunite with their family members in the U.S. and, in some cases, eventually apply for U.S. citizenship.

Family-based immigration is divided into two primary categories:

Immediate Relatives:
- Includes spouses, unmarried children under 21, and parents of U.S. citizens.
- No numerical limit on visas issued annually.
Family Preference Categories:
- Includes more distant relatives, such as adult children and siblings of U.S. citizens, and certain relatives of Green Card holders.
- Subject to annual visa limits and wait times.

Regardless of the specific family category, all applicants must meet the following general requirements:

1. Legal Family Relationship

The sponsor must establish a bona fide (legitimate) family relationship with the beneficiary.
Evidence required:
- Birth certificates (for parent-child relationships)
- Marriage certificates (for spousal petitions)
- Adoption records (if applicable)
- Other legal documents proving family ties

2. Sponsorship by a U.S. Citizen or Lawful Permanent Resident (LPR)

Only U.S. citizens and LPRs can sponsor family-based immigration cases.
U.S. citizens can sponsor:
- Spouses
- Parents (if the petitioner is 21+ years old)
- Children (unmarried and under 21)
- Unmarried sons/daughters (21+ years old)
- Married sons/daughters
- Siblings (if the petitioner is 21+ years old)
LPRs can sponsor:
- Spouses
- Children (unmarried and under 21)
- Unmarried sons/daughters (21+ years old)

3. Financial Sponsorship (Affidavit of Support)

Sponsors must prove they can financially support the immigrant.
Submission of Form I-864 (Affidavit of Support) is required.
Sponsors must meet minimum income requirements (125% of the federal poverty guidelines).
If the sponsor does not meet the income requirement, a joint sponsor may be needed.

4. Admissibility Requirements

The intending immigrant must be admissible to the U.S. under immigration law.
Common grounds of inadmissibility:
- Criminal history (certain crimes may make an applicant ineligible)
- Health-related issues (e.g., communicable diseases, lack of required vaccinations)
- National security concerns
- Immigration fraud or misrepresentation
- Public charge rule (whether the applicant is likely to rely on government assistance)

5. Medical Examination and Vaccination

The beneficiary must complete a medical examination with a USCIS-approved physician.
Required vaccinations must be up to date before the Green Card is issued.

General filing fee for Form I-130:

Paper Filing fee: $675

Form I-485 (Application to Register Permanent Residence or Adjust Status):

General Filing: $1,440

If under 14 years of age and submitting Form I-485 concurrently with the Form I-485 of one parent: $950

DS-260 (Consular Processing): $325

USCIS periodically adjusts the filing fees, check with your immigration attorney for the new filing fees before you file.

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Our Exclusive VIP Service Package for family-based immigration Includes:

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Detailed Documentation & Petition Preparation
Expert Attorney Involvement – Direct communication with experienced attorneys throughout the process.
Interview Coaching & Case-Specific Preparation
Priority Case Handling & Tracking – Continuous updates and rapid responses to any USCIS requests.
Green Card Processing & Post-Approval Support

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📩 Ready to Get Started?

Start with a Free Evaluation → [Click Here to fill out the online Evaluation Form]
Email us: evaluation@owenlawpc.com

Free Evaluation

Estimated time: 1 to 3 days

Client-Attorney Agreement

Sign the service contract and remit the initial fees.

Estimated time: 3 to 10 days

Preparation and Submission

A. Immediate Relatives of U.S. Citizens (No Visa Limits)

The U.S. citizen must file Form I-130 (Petition for Alien Relative).
The relative can apply for a Green Card via:
- Adjustment of Status (Form I-485) – if already in the U.S.
- Consular Processing – if outside the U.S.

B. Family Preference Categories (Subject to Visa Limits)

Sponsor files Form I-130 (Petition for Alien Relative).
Beneficiary must wait for a visa to become available (per the Visa Bulletin).
Once a visa is available, the beneficiary can proceed with:
- Adjustment of Status (Form I-485) – if already in the U.S.
- Consular Processing – if outside the U.S.

Estimated time: 2 weeks to 3 months

USCIS Review

1. Approval, or

2. Request for evidence: 1️⃣ Approval after RFE；2️⃣ Denial

Estimated time: 8 to 14 months

Further Processing

A. Immediate Relatives of U.S. Citizens (No Visa Limits)

The relative can apply for a Green Card via:
- Adjustment of Status (Form I-485) – if already in the U.S. (together with I-130)
- Consular Processing – if outside the U.S.

B. Family Preference Categories (Subject to Visa Limits)

Wait for priority date to become current after I-130 approval, then:
- Adjustment of Status (Form I-485) – if already in the U.S. (together with I-130)
- Consular Processing – if outside the U.S.

Estimated time: various

Green Card Issurance

You and your family members receive green cards.

Family-based Immigration