How to Start Family-Based Immigration in the U.S.: A Step-by-Step Guide
Bringing a family member to the United States is a meaningful but often complex process. Family-based immigration allows U.S. citizens and permanent residents to petition for certain relatives to obtain lawful permanent residence (a green card). Understanding the steps and requirements can help make the process smoother and increase your chances of success.
1. Determine Eligibility
Family-based immigration is divided into categories:
Immediate Relatives of U.S. Citizens (no numerical limits on visas):
Spouses
Unmarried children under 21
Parents (if the petitioner is over 21)
Family Preference Categories (subject to annual visa limits):
Unmarried adult children of U.S. citizens
Married children of U.S. citizens
Siblings of U.S. citizens (petitioner must be 21 or older)
Spouses and children of lawful permanent residents
Eligibility depends on your relationship to the petitioner and whether you fall into an immediate relative or preference category.
2. File the Petition (Form I-130)
The first formal step is filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS).
Key points:
The petitioner (U.S. citizen or permanent resident) files the form.
Include supporting evidence: proof of citizenship or permanent residency, proof of relationship (marriage certificate, birth certificate, etc.), and photos.
Filing fees apply.
This step establishes the relationship and begins the immigration process.
3. Wait for Approval and Visa Availability
Immediate relatives: No visa wait — once USCIS approves the petition, the relative can apply for a green card.
Family preference categories: Approval may take years because of limited visa availability.
You can monitor visa bulletins from the U.S. Department of State to track your priority date.
4. Apply for a Green Card (Adjustment of Status or Consular Processing)
Once the petition is approved and a visa is available:
If the relative is in the U.S.: File Form I-485, Adjustment of Status, to become a lawful permanent resident without leaving the U.S.
If the relative is abroad: Go through consular processing at a U.S. embassy or consulate in their home country.
Both processes involve submitting forms, documents, fees, and attending interviews.
5. Attend the Interview and Medical Examination
All applicants must undergo a medical examination by an approved physician.
A USCIS or consular interview ensures the relationship is legitimate and checks eligibility.
Be prepared with original documents and be honest during the interview — any misrepresentation can jeopardize the case.
6. Receive the Green Card
If approved, the relative will receive:
A conditional green card (valid for 2 years) for spouses married less than two years, or
A regular green card (valid for 10 years) for other family members.
For conditional green cards, remember to file Form I-751 to remove conditions within 90 days before expiration.
7. How an Attorney Can Help
Family-based immigration cases can be complex. JK Commonwealth Law Group can:
Advise on eligibility and best strategies for your category
Prepare and review forms to avoid errors
Guide you through document collection and submission
Represent you during interviews and respond to USCIS or consular requests
Having legal guidance can reduce delays, prevent denials, and help reunite families more efficiently.
Conclusion
Starting family-based immigration requires careful preparation, proper documentation, and understanding of the process. With the right guidance, you can navigate the U.S. immigration system successfully and bring your loved ones closer.
Call to Action:
If you are seeking to petition for a family member or need assistance with family-based immigration, contact JK Commonwealth Law Group for professional guidance and support.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship.