Family immigration allows U.S. citizens and lawful permanent residents to help certain relatives pursue immigration benefits and, in many cases, lawful permanent residence in the United States.
Rise Immigration Law assists individuals and families with family-based petitions, marriage-based immigration, green cards, adjustment of status, consular processing, and related immigration issues.
Family-Based Immigration Options
The appropriate immigration path depends on the relationship between the petitioner and beneficiary, the petitioner␙s immigration status, the beneficiary␙s location, visa availability, prior immigration history, and other case-specific factors.
Immediate Relatives of U.S. Citizens
Certain close relatives of U.S. citizens are classified as immediate relatives under U.S. immigration law. These cases commonly involve spouses, certain children, and parents of qualifying adult U.S. citizens.
Although immediate-relative cases are not subject to the same family-preference numerical limits, the beneficiary must still satisfy the other requirements for the immigration benefit being sought.
Family Preference Categories
Other family relationships fall within preference categories that may be subject to annual visa limits and priority-date availability. These may include certain children of U.S. citizens, siblings of U.S. citizens, and spouses and children of lawful permanent residents.
Marriage-Based Immigration
A qualifying marriage may provide a basis for permanent residence, but approval is not automatic. Immigration authorities may review the validity of the marriage, prior marriages, immigration history, financial sponsorship, entry to the United States, and possible grounds of inadmissibility.
Applicants pursuing permanent residence from within the United States may use adjustment of status when eligible. Applicants abroad generally complete consular processing.
Form I-130 Family Petitions
Form I-130 is commonly used to establish a qualifying family relationship for immigration purposes. Approval of the petition does not itself grant permanent residence; additional immigration processing is generally required.
Adjustment of Status or Consular Processing?
Whether a beneficiary can complete the green card process inside the United States or must process abroad can have significant consequences for timing, travel, employment authorization, and potential immigration risk.
Financial Sponsorship
Many family-based immigration cases require financial sponsorship. The applicable requirements can depend on household size, income, assets, the petitioner␙s circumstances, and whether a qualifying joint sponsor is available when needed.
When Family Immigration Becomes More Complex
Family immigration matters may become more complicated when there are prior visa overstays, unlawful presence, unauthorized employment, prior removal proceedings, criminal history, fraud or misrepresentation concerns, prior immigration filings, or other grounds of inadmissibility.
Some applicants may need to determine whether an immigration waiver is available before proceeding.
From a Green Card to U.S. Citizenship
Lawful permanent residence may eventually create a pathway to naturalization when the applicable requirements are satisfied. See our discussion of naturalization and U.S. citizenship.
Speak With a Family Immigration Lawyer
Rise Immigration Law provides direct attorney guidance for families evaluating petitions, permanent residence, marriage-based immigration, and related immigration issues.
Call (303) 626-7000 to schedule an immigration consultation.