Family reunification is an important part of the U.S. immigration system. U.S. citizens and lawful permanent residents (green card holders) may petition for certain qualifying family members to immigrate to the United States. The person filing the petition is generally called the petitioner or sponsor, while the family member seeking immigration benefits is the beneficiary.

Family-based immigration is generally divided into two categories: immediate relatives of U.S. citizens and family preference categories. Immediate relative visas are not subject to annual numerical limits, while family preference categories are subject to annual limits and may involve significant waiting periods.

Depending on the circumstances, a family member who is already in the United States may be able to apply for adjustment of status. A family member outside the United States generally completes the consular processing process through the National Visa Center and a U.S. embassy or consulate.

Requirements for a Sponsor

The family-based immigration process depends on the relationship between the petitioner and beneficiary, as well as the petitioner’s immigration status.

U.S. citizens may petition for their spouses, children, parents, and siblings. Lawful permanent residents may petition for their spouses and unmarried sons or daughters.

For many family-based immigrant cases, the petitioner must also submit Form I-864, Affidavit of Support, agreeing to accept financial responsibility for the intending immigrant. A joint sponsor may be able to assist when the petitioner’s income or assets do not satisfy the applicable requirements. The Affidavit of Support is legally enforceable and generally remains in effect until certain conditions are met, such as the beneficiary becoming a U.S. citizen or being credited with 40 qualifying quarters of work.

Petitions by Spouses

Both U.S. citizens and lawful permanent residents may petition for a qualifying spouse.

Spouse of a U.S. Citizen

A U.S. citizen may petition for a spouse to obtain lawful permanent residence. A spouse of a U.S. citizen is generally classified as an immediate relative, meaning that an immigrant visa is not subject to an annual numerical limit.

If the spouse is already in the United States and otherwise qualifies, the spouse may be eligible to apply for adjustment of status. If the spouse is outside the United States, the case generally proceeds through consular processing.

Spouse of a Lawful Permanent Resident

A lawful permanent resident may also petition for a spouse. Unlike the spouse of a U.S. citizen, the spouse of a lawful permanent resident falls within the family preference system, specifically the F2A category, which is subject to annual visa limits and visa availability.

If a lawful permanent resident later becomes a U.S. citizen, the spouse petition may be upgraded from the family preference category to the immediate-relative category.

The documents required for a spouse petition depend on the circumstances but generally include evidence of the petitioner’s immigration status, evidence of the qualifying marital relationship, and supporting civil and identity documents. Additional documentation may be required during adjustment of status or consular processing.

Fiancé(e) Visas (K-1 and K-2)

A K-1 fiancé(e) visa allows the foreign-citizen fiancé(e) of a U.S. citizen to travel to the United States for the purpose of marrying the U.S. citizen. The couple must marry within 90 days of the fiancé(e)’s arrival in the United States. After the marriage, the foreign spouse may apply for adjustment of status to permanent resident.

The U.S. citizen generally begins the process by filing Form I-129F, Petition for Alien Fiancé(e) with USCIS. If approved, the case proceeds through the visa process.

Eligible unmarried children under 21 of the K-1 beneficiary may qualify for K-2 visas.

K-1 cases involve specific eligibility, documentation, financial-support, and admissibility requirements, and the process differs from a direct immigrant visa petition for a spouse.

Parents Petitioning for Their Children

U.S. citizens and lawful permanent residents may petition for certain children, but the available categories depend on the petitioner’s immigration status and the child’s age and marital status.

U.S. Citizens

A U.S. citizen may petition for:

• An unmarried child under 21;

• An unmarried son or daughter who is 21 or older; and

• A married son or daughter of any age.

Unmarried children under 21 of U.S. citizens are generally classified as immediate relatives. Unmarried adult sons and daughters generally fall under the F1 family preference category, while married sons and daughters generally fall under the F3 category. The preference categories are subject to annual numerical limits and visa availability.

Lawful Permanent Residents

A lawful permanent resident may petition for:

• An unmarried child under 21; and

• An unmarried son or daughter who is 21 or older.

These petitions generally fall under the F2A or F2B family preference categories, depending on the beneficiary’s age, and are subject to visa availability.

Petitions by Children for Parents

A U.S. citizen who is at least 21 years old may petition for a parent to immigrate to the United States as an immediate relative. Each qualifying parent requires a separate petition.

Lawful permanent residents cannot petition for their parents through the standard family-based immigrant visa categories.

Petitions by Siblings

A U.S. citizen who is at least 21 years old may petition for a sibling to immigrate to the United States. Sibling petitions fall under the F4 family preference category and are subject to annual numerical limits, which can result in substantial waiting periods.

Lawful permanent residents cannot petition for siblings through the standard family-based immigrant visa categories.

Adoption-Based Immigration

International adoption can involve both U.S. immigration requirements and the laws of the country where the child resides. Depending on the circumstances, an adopted child may immigrate through one of several processes.

The principal pathways include:

• The Hague Convention process for qualifying adoptions involving countries that are parties to the Hague Adoption Convention;

• The non-Hague or orphan process for qualifying adoptions from countries that are not parties to the Convention; and

• The family-based petition process for certain adopted children who meet the requirements for an I-130 petition.

The Hague process generally involves Forms I-800A and I-800, while the non-Hague process generally involves Forms I-600A and I-600.

The family-based I-130 process has separate requirements. Generally, the child must have been adopted while under the applicable age limit and must have been in the legal custody of and lived with the adoptive parent for at least two years.

Because international adoption laws vary significantly by country, an adoption that is legally recognized in one country may not automatically satisfy U.S. immigration requirements.

Adjustment of Status and Consular Processing

The appropriate process depends largely on where the beneficiary is located and whether the beneficiary is eligible to adjust status.

If the beneficiary is in the United States and qualifies, the beneficiary may be able to apply for adjustment of status with USCIS. Certain immediate relatives of U.S. citizens who entered the United States lawfully may be able to file the adjustment application at the same time as the I-130 petition.

If the beneficiary is outside the United States, the case generally proceeds through consular processing. After USCIS approves the petition, the case may be transferred to the National Visa Center for additional processing before an immigrant visa interview at a U.S. embassy or consulate.

Processing Times and Visa Availability

The amount of time required for a family-based immigration case can vary significantly. Immediate relatives of U.S. citizens are not subject to annual numerical limits, while family preference categories are subject to visa limits and can involve lengthy waiting periods.

Processing time also depends on factors such as USCIS processing, visa availability, National Visa Center processing, consular appointment availability, and the individual circumstances of the case.

Raheen Law Group Can Help You

Reuniting with family through the U.S. immigration system can involve complicated forms, documentation, eligibility requirements, and waiting periods. Choosing the appropriate petition and immigration process is an important first step.

At Raheen Law Group, we can help you understand your family-based immigration options, determine the appropriate process, prepare the necessary documentation, and navigate the petition, adjustment of status, or consular processing procedures.

If you are seeking to bring a spouse, child, parent, sibling, fiancé(e), or qualifying adopted child to the United States, contact Raheen Law Group to discuss your options and legal alternatives.