Family-Based Immigration: Bringing Your Loved Ones to the U.S.

If you're a U.S. citizen or a lawful permanent resident (green card holder), you may be eligible to sponsor certain family members for permanent residence in the United States.

There are two main categories of family-based immigration:

1. Immediate Relatives of U.S. Citizens

These are considered high-priority cases and are not subject to annual limits or waiting lists.

Sponsoring a Parent (IR-5 Visa)

• Who can apply: U.S. citizens age 21 or older

• Who qualifies: Your mother or father living abroad or in the U.S.

Process:

1. File Form I-130 to prove the parent-child relationship

2. Apply for a green card via:

   • Consular Processing (if abroad), or

   • Adjustment of Status (if in the U.S.)

3. Attend a USCIS or consular interview

Processing Time: Approximately 9–15 months

Sponsoring a Child (IR-2 Visa)

• Who can apply: U.S. citizens

• Who qualifies: Unmarried children under age 21, including adopted or stepchildren (under certain conditions)

Important Notes:

• Legal and physical custody must be proven in adoption cases

• Stepchildren qualify if the marriage occurred before the child turned 18

• Children under 18 may automatically become U.S. citizens upon entry

Processing Time: Approximately 17–24 months

Sponsoring a Spouse (IR-1/CR-1 Visa)

• Who can apply: U.S. citizens or green card holders

• Who qualifies: Your legal spouse

Process:

1. File Form I-130 to establish a bona fide marriage

2. Apply for the green card using:

   • Form I-485 (if in the U.S.), or

   • Consular Processing (if abroad)

3. Attend a USCIS or embassy interview

Required Documentation:

• Proof of relationship (e.g., wedding photos, joint financial records, lease agreements, children's birth certificates)

Green Card Types:

• CR-1 (Conditional): For marriages under 2 years at the time of approval

• IR-1 (Permanent): For marriages over 2 years

Path to Citizenship: Eligible after 3 years as a green card holder and living with your U.S. citizen spouse

Processing Time: Approximately 9–15 months

Important Note: Marriage fraud is a federal crime punishable by fines, imprisonment, and deportation.

2. Family Preference Categories

These apply to more distant relatives or the family of green card holders. They are subject to annual quotas and waiting lists.

Preference Who Qualifies F1 Unmarried sons and daughters (age 21+) of U.S. citizens F2A Spouses and unmarried children (under 21) of green card holders F2B Unmarried sons and daughters (21+) of green card holders F3 Married sons and daughters of U.S. citizens F4 Brothers and sisters of U.S. citizens (sponsor must be 21+)

Note: Wait times vary based on demand and country of origin. Always check the latest Visa Bulletin for updates.

General Steps in the Family-Based Immigration Process

1. File Form I-130 to establish the qualifying family relationship

2. Wait for USCIS approval

3. Visa Availability:

   • Immediate relatives: No wait

   • Preference categories: Wait for a visa number

4. Choose Processing Method:

   • Consular Processing (for applicants abroad)

   • Adjustment of Status (for applicants in the U.S.)

5. Attend the immigration interview

6. Receive green card and begin your new life in the U.S.