Family Immigration
Bringing Loved Ones Home.
Personalized guidance through every step of the family-based immigration process, from petition to green card.
Reuniting Families Across Borders
Few areas of immigration law carry as much emotional weight as family-based immigration. Whether you're petitioning for a spouse, parent, child, or sibling, the goal is the same: bringing the people you love to the United States, or helping them gain permanent residency once they're here. At Tenorio Law, we understand that behind every petition is a family waiting, sometimes for years, to be together.
Family-based immigration is one of the primary pathways to a U.S. green card. The process can be straightforward for some relationships and considerably more complex for others, depending on your relationship to the sponsor, your priority date, and your current immigration status.
Who Can Sponsor a Family Member?
U.S. citizens and lawful permanent residents (green card holders) can sponsor certain family members for immigration benefits. The categories break down as follows:
- Immediate Relatives — spouses, unmarried children under 21, and parents of U.S. citizens. This category has no annual numerical limit, meaning there is generally no waiting line once the petition is filed.
- F1 — First Preference — unmarried sons and daughters (21 or older) of U.S. citizens.
- F2A — Second Preference A — spouses and unmarried children (under 21) of permanent residents.
- F2B — Second Preference B — unmarried sons and daughters (21 or older) of permanent residents.
- F3 — Third Preference — married sons and daughters of U.S. citizens.
- F4 — Fourth Preference — siblings of U.S. citizens.
A note on wait times. Immediate relative petitions move relatively quickly because there is no cap on the number of visas issued each year. Family preference categories (F1 through F4), however, are subject to annual numerical limits and country-specific caps. For applicants born in high-demand countries like the Philippines, India, China, or Mexico, wait times in these categories can stretch for years, sometimes decades, particularly in the F4 sibling category.
The Family Immigration Process
The general process for family-based immigration involves two main steps, though the details vary depending on whether your relative is inside or outside the United States.
Step one: the I-130 petition. The U.S. citizen or permanent resident sponsor files Form I-130, Petition for Alien Relative, with USCIS. This establishes the qualifying family relationship. Processing times for the I-130 vary by category and service center, but currently range from several months to over a year.
Step two: visa availability and final processing. Once the I-130 is approved, the next step depends on your priority date and where your relative is located. If they're in the U.S. and a visa is immediately available (or they qualify as an immediate relative), they may file for adjustment of status using Form I-485. If they're abroad, they'll go through consular processing at a U.S. embassy or consulate in their home country.
Common Challenges We Help Navigate
Family immigration cases often involve complications that require careful legal strategy:
- Prior immigration violations, overstays, or unlawful entries that may trigger inadmissibility issues
- Complex family relationships, such as step-relationships, adoption, or prior marriages that need careful documentation
- Affidavit of support and financial sponsorship requirements
- Requests for evidence (RFEs) from USCIS questioning the bona fides of the relationship
- Coordinating cases involving multiple family members with different priority dates
Frequently Asked Questions
How long does family-based immigration take?
It depends entirely on the category. Immediate relative petitions (spouse, parent, minor child of a U.S. citizen) typically take 12 to 18 months from filing to green card. Family preference categories can take anywhere from a few years to multiple decades depending on the category and country of birth. We'll give you a realistic timeline specific to your case during your consultation.
Can I sponsor my parents if I am a green card holder?
No. Only U.S. citizens can sponsor parents for immigration. Green card holders can sponsor a spouse and unmarried children, but not parents or siblings.
What happens if my priority date is not yet current?
You wait until your priority date becomes current according to the monthly Visa Bulletin. During this time, we can help you stay informed, plan strategically, and prepare documentation in advance so you're ready to move quickly once your date arrives.
Can my family member work while their case is pending?
It depends on their status and which stage of the process they're in. If they're eligible to file for adjustment of status, they may also be eligible to apply for a work permit (EAD) while their case is pending. We can advise you on the specific timeline for your situation.
Ready to Discuss Your Case?
Every immigration journey is different. Let's talk through your situation and build a strategy together.