Family Petitions: Navigating Family-Based Immigration in the United States

Updated Dec 27, 2023

Family-based immigration is a crucial component of the U.S. immigration system, enabling U.S. citizens and lawful permanent residents (LPRs) to reunite with family members from abroad.

What is a Family Petition?

A Family Petition, or Form I-130, Petition for Alien Relative, is filed by U.S. citizens or LPRs. It's the first step in the family-based immigration process, establishing a qualifying relationship with a relative who wishes to immigrate to the United States¹.

Eligible Relatives for Family Petitions

U.S. citizens may petition for the following relatives¹:

  • Spouses

  • Children (unmarried and under 21)

  • Sons and daughters (married and/or 21 or over)

  • Parents (if the U.S. citizen is 21 or over)

  • Siblings (if the U.S. citizen is 21 or over)

Legal Framework

The Immigration and Nationality Act (INA) governs family-based immigration:

  • INA §201(b): Discusses immediate relatives of U.S. citizens.

  • INA §203(a): Details the preference categories for family-sponsored immigrants².

Process Overview

  1. Filing Form I-130: Establishes the family relationship.

  2. Visa Availability: Visa must be available in their preference category as determined by the USCIS Visa Bulletin².

  3. Adjustment of Status or Consular Processing: Depending on the beneficiary's location.

Visa Categories and Limits

For fiscal year 2024, the limit for family-sponsored preference immigrants is 226,000. The categories include²:

  • First Preference (F1): Unmarried adult sons and daughters of U.S. citizens

  • Second Preference: Spouses and children of permanent residents

  • Third Preference (F3): Married sons and daughters of U.S. citizens

  • Fourth Preference (F4): Brothers and sisters of adult U.S. citizens

Processing Times

The processing times for Form I-130 vary based on the USCIS office³.

Professional Legal Assistance

Our firm can help you navigate the many legal complexities and hurdles to assist with a Family Petition. Reach out to us today. ☎️ 📧 🏢

Citations:

  1. Family of U.S. Citizens: USCIS

  2. Visa Bulletin For December 2023: U.S. Department of State

  3. Check Case Processing Times: USCIS