Family-based immigration
Bringing families together through petitions, green cards, waivers and citizenship.
Overview
U.S. citizens and green card holders can sponsor certain relatives to live permanently in the United States. The process starts with Form I-130, which proves the family relationship. After approval, the relative gets a green card either inside the U.S. (adjustment of status, Form I-485) or at a U.S. consulate abroad (consular processing through the National Visa Center and Form DS-260).
Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents of citizens who are 21 or older) have no annual limit and no waiting line. Other relatives fall into four ‘preference’ categories with yearly limits. They must wait until their ‘priority date’ is current in the State Department’s monthly Visa Bulletin, which can take years.
Family cases can look simple but often involve hidden issues: past overstays, entries without inspection, prior visa denials, or questions about income. Rules also changed in 2025 and 2026, including fees, the citizenship civics test, travel restrictions, and the public charge rule. Checking these early can prevent a denial or a long delay.
Who qualifies and key requirements
- Immediate relatives of U.S. citizens: spouses, unmarried children under 21, and parents (if the citizen is at least 21). No annual cap.
- Preference categories: F1 (unmarried adult sons and daughters of citizens), F2A (spouses and minor children of green card holders), F2B (unmarried adult sons and daughters of green card holders), F3 (married sons and daughters of citizens), and F4 (brothers and sisters of adult citizens). Each must wait for a current priority date.
- The relationship must be real. Marriage cases need proof that the marriage was entered in good faith, not just for immigration.
- The sponsor must sign Form I-864, Affidavit of Support, and show income of at least 125% of the federal poverty guidelines for the household size (or use assets or a joint sponsor).
- To adjust status inside the U.S., the relative generally must have been inspected and admitted or paroled. Immediate relatives who overstayed may still adjust; most preference relatives must have kept lawful status, unless protected under INA § 245(i).
- People who stayed unlawfully more than 180 days and then leave the U.S. face a 3-year bar; more than one year triggers a 10-year bar. The I-601A provisional waiver lets some relatives apply for a waiver before leaving, if they can show extreme hardship to a U.S. citizen or green card holder spouse or parent.
- K-1 fiance(e) visa: the U.S. citizen and fiance(e) must be free to marry, must generally have met in person within the 2 years before filing, and must marry within 90 days of entry.
- A green card based on a marriage less than 2 years old is conditional (2 years). The couple files Form I-751 during the 90 days before it expires to remove the conditions.
How we help
Family-based
- Petitions for spouses, children, parents and siblings
- Adjustment of status and consular processing
- Waivers
Citizenship
- Naturalization applications and interviews
- Certificates of citizenship
- Preparing for the civics and English tests
Humanitarian
- Asylum, affirmative and defensive
- Special Immigrant Juvenile Status
- Related guardianship matters
More ways we help
- Screen for unlawful presence, prior visa denials, and other issues before any family member leaves the U.S.
- Prepare I-601A provisional waiver packages with hardship evidence
- Prepare sponsors and joint sponsors for Form I-864 and the 2026 public charge review
- Prepare couples for marriage-based and I-751 interviews in English or Mandarin
How the process works
File the family petition
The U.S. citizen or green card holder files Form I-130 (or Form I-129F for a fiance) with proof of status and the family relationship.
Form: I-130 or I-129FTiming: Many months; check USCIS processing times
Wait for a visa number if needed
Immediate relatives skip this step. Preference relatives wait until their priority date is current in the Visa Bulletin.
Timing: Months to many years, depending on category and country
Choose adjustment or consular processing
If the relative is in the U.S. and eligible, they file Form I-485 (often with I-765 work permit and I-131 travel permit). Otherwise the case goes to the National Visa Center, which collects fees, the DS-260, and civil documents.
Form: I-485 or DS-260
Submit the Affidavit of Support
The sponsor (and any joint sponsor) submits Form I-864 with tax returns and proof of income.
Form: I-864
Request a waiver if needed
If the relative must leave the U.S. and faces the 3- or 10-year bar, they may file Form I-601A before the consular interview.
Form: I-601ATiming: Often a year or more
Medical exam, biometrics, and interview
The relative completes a medical exam with an approved doctor and attends an interview at USCIS or the U.S. consulate.
Form: I-693 (in U.S.)
After approval
Conditional residents file I-751 before the 2-year card expires. Most green card holders may apply for citizenship on Form N-400 after 5 years, or 3 years if married to and living with a U.S. citizen.
Form: I-751, N-400Timing: N-400 can be filed up to 90 days early
Documents to gather
- Sponsor’s proof of U.S. citizenship or green card
- Birth certificates showing the family relationship
- Marriage certificate and proof any prior marriages ended
- Evidence of a real marriage (joint lease, bank accounts, photos, children’s birth certificates)
- Relative’s passport, I-94, and all visas and entry records
- Sponsor’s recent federal tax returns, W-2s, and pay stubs for the I-864
- Police certificates and court records, if required
- Medical exam results on Form I-693 (for adjustment in the U.S.)
- Passport-style photos and certified English translations
Common problems to avoid
- Leaving the U.S. after unlawful presence without first getting an I-601A waiver, which can trigger a 3- or 10-year bar.
- Filing Form I-485 for a preference relative who is out of status and not protected by 245(i), which can lead to denial and a Notice to Appear.
- Weak marriage evidence, such as few joint documents, which can lead to a long interview or a denial.
- Sponsor income below the I-864 minimum without a joint sponsor or enough assets.
- Letting a child ‘age out’ at 21 without checking protection under the Child Status Protection Act.
- Forgetting to file Form I-751 on time, which can end conditional resident status.
What has changed lately
Current USCIS fees (as of Sept 2026): I-130 $675 paper or $625 online; I-485 $1,440; I-751 $750; I-129F $675; N-400 $760 paper or $710 online. The State Department charges $325 per person for a family immigrant visa and $120 for I-864 review. A June 2026 proposal would raise N-400 to $1,330 paper or $1,280 online and end the reduced fee and fee waivers; it is not final.
A new DHS public charge rule took effect September 18, 2026 for adjustment applications filed on or after that date. Officers will use a broader ‘totality of the circumstances’ review, and new guidance lists more public benefits they may consider.
The State Department paused immigrant visa interviews worldwide in late August 2026 to train officers on public charge, days after a New York federal court vacated a separate 75-country immigrant visa pause. Separately, Proclamation 10998 (effective Jan. 1, 2026) suspends immigrant visas for nationals of 39 countries and no longer exempts spouses, children, and parents of U.S. citizens. China is not listed.
Rules, fees and processing times change often. Ask us to confirm what applies to your case today.
Frequently asked questions
How long does a family green card take?
It depends on the category and the country. Spouses, parents, and minor children of U.S. citizens do not wait for a visa number, so the time is mostly USCIS or consulate processing. Siblings and adult children can wait many years; the monthly Visa Bulletin shows the current dates.
I entered legally but overstayed. Can I get a green card through my U.S. citizen spouse?
Often yes. Immediate relatives of U.S. citizens who were inspected and admitted can usually adjust status in the U.S. even after an overstay. Past fraud, certain crimes, or prior removal orders can still cause problems, so a full history review is important.
I entered without inspection. What are my options?
Most people who entered without inspection cannot adjust status in the U.S. unless they are protected by INA § 245(i). Many must process abroad. If leaving would trigger the 3- or 10-year bar, the I-601A provisional waiver may let you apply for a waiver before you leave.
What if my income is too low to sponsor?
You can use assets, count income from some household members, or add a joint sponsor who meets the income rule. Under the new 2026 public charge rule, officers will also weigh other factors, such as age, health, education, and skills.
What is the new citizenship civics test?
People who filed Form N-400 on or after October 20, 2025 take the 2025 civics test. The officer may ask up to 20 questions from a list of 128, and you must answer 12 correctly. People who filed earlier take the older test.
Should my fiance come on a K-1 visa or should we marry first?
Both are possible. A K-1 lets you marry in the U.S. within 90 days, then file for a green card here. Marrying first leads to a spousal immigrant visa, so your spouse arrives as a permanent resident. Timing, cost, and travel plans usually decide which is better for you.
- 8 U.S.C. § 1151 – Immediate relatives (INA § 201(b)(2))
- 8 U.S.C. § 1182(a)(9)(B) – Unlawful presence bars (INA § 212)
- 8 U.S.C. § 1255 – Adjustment of status (INA § 245)
- USCIS Policy Manual, Volume 6 (Immigrants), Part B – Family-Based Immigrants
- USCIS: I-601A, Application for Provisional Unlawful Presence Waiver
- USCIS: I-751, Petition to Remove Conditions on Residence
- USCIS: 2025 Civics Test
- USCIS Form G-1055, Fee Schedule
- U.S. Department of State: Fees for Visa Services
- U.S. Department of State: Suspension of Visa Issuance (Proclamation 10998)
- Federal Register: Public Charge Ground of Inadmissibility (July 20, 2026)
- Federal Register: Naturalization Application Fee Adjustments (proposed, June 23, 2026)
Information current as of September 2026. General information only, not legal advice.
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General information only, not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome, and no particular result is promised. Responsible attorney: JJ Zhang, Esq., Tez Law P.C., 4141 S. Nogales St., Suite C102, West Covina, CA 91792.