Many immigrants aren’t truly settled in the United States until their loved ones join them there. Thankfully, U.S. immigration law allows this through family-based immigration. It is a process that permits citizens and green card holders to sponsor family members for permanent residence.
In this blog, we explain how to bring your family to the U.S. legally, the types of visas available, eligibility requirements, and the steps to file a petition.
The Family Immigration Process
Anyone who wants to live in the U.S. permanently needs an immigrant visa. They also need a sponsor. The family immigration process allows immigrants to sponsor their relatives to live and work in the country.
The sponsor must be:
- At least 21 years old, and
- Either a U.S. citizen or a green card holder.
There are two categories of family-based immigrant visas.
They are:
- Immediate Relative (IR) visas
- Family Preference (F) visas
- Immediate Relative Visas
Immediate Relative visas are for close family members of U.S. citizens. These visas do not have annual limits, meaning there is no waiting list once the petition is approved.
IR visa types:
- IR1 and CR1 – for spouses of U.S. citizens
- IR2 – for unmarried children under 21 of U.S. citizens
- IR5 – for parents of U.S. citizens
These visas are not capped, so they are processed faster than other family categories.
Family Preference Visas
Family Preference visas apply to distant relatives of citizens and certain relatives of green card holders. The number of these visas is limited each fiscal year, so applicants may have long waiting periods.
Family Preference visa categories:
- F1 – Unmarried children of U.S. citizens of 21 years or older
- F2A – Spouses and minor unmarried children of green card holders
- F2B – Adult unmarried children of green card holders
- F3 – Married children of U.S. citizens
- F4 – Siblings of U.S. citizens
Who You Can Sponsor
Your ability to sponsor a family member depends on your immigration status:
If you are a Citizen, you can file an immigrant petition for your:
- Spouse
- Child at any age or marital status
- Parent
- Sibling
If you are a Lawful Permanent Resident, you can only file for your:
- Spouse
- Unmarried child
Steps to Sponsor a Family Member
The first step in the U.S. family-based immigration process is filing Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS).
Each family member you wish to sponsor requires a separate Form I-130. You can submit the form online or by mail.
Once USCIS approves the petition, your relative’s next steps depend on whether they are already in the U.S. or living abroad:
- If your relative is in the U.S., they will apply for a green card through Adjustment of Status.
- If your relative is outside the U.S., they will go through Consular Processing at a U.S. embassy or consulate.
Both processes involve additional steps, including:
- National Visa Center (NVC) processing
- Payment of fees
- Submission of supporting documents
- Interview booking and attendance
Proof of Immigration Status
When sponsoring a family member, you must prove your citizenship or lawful permanent residency.
Citizens can submit any of these as evidence:
- U.S. birth certificate
- Valid U.S. passport
- A Consular Report of Birth Abroad
- A naturalization certificate or certificate of citizenship
Permanent Residents can submit any of these as evidence:
- Green Card (Form I-551), or
- Foreign passport with a permanent resident stamp
If Your Petition Is Denied
If USCIS denies your Form I-130, you will receive a denial letter explaining the reason and whether you can appeal.
You may file an appeal using Form EOIR-29, which the Board of Immigration Appeals will review. The letter will state the deadline for submitting the appeal and any additional requirements.
Follow-to-Join Benefits
If you received your green card and your spouse or children did not immigrate with you, they may join you later under follow-to-join benefits.
This benefit allows your family to obtain immigrant visas without requiring a separate I-130 petition or waiting for a new visa number.
But first, the following must be true:
- The relationship existed when you became a permanent resident and still exists.
- You received your immigrant visa or green card under a preference category.
To request follow-to-join benefits, you must submit:
- Form I-824 (Application for Action on an Approved Application or Petition)
- A copy of the original petition or Form I-797 (Notice of Action)
- A copy of your Green Card (Form I-551)
If you are still adjusting status in the U.S., you may file Form I-824 alongside your Form I-485, Application to Register Permanent Residence or Adjust Status.
Get Help at ImmigrationQuestion.com
Having legal assistance can help ensure your family-based petition complies with immigration laws. An immigration attorney can also assist with documentation and preparation for interviews.
Head over to ImmigrationQuestion.com to connect with licensed immigration attorneys in our attorney network.
Frequently Asked Questions
What is the fastest way to bring a family member to America?
Immediate Relative visas are usually the fastest because they are not subject to annual limits. Family Preference visas, on the other hand, have waiting periods.
Can a green card holder bring their parents to the U.S.?
Only U.S. citizens can petition for their parents. Green card holders can sponsor only their spouse or unmarried children.
How long does family-based immigration take?
Processing times depend on the visa type, country of origin, and USCIS workload. Immediate Relative cases may take several months, while Family Preference cases can take years due to limits.
Can I sponsor my married child if I am a U.S. citizen?
U.S. citizens can sponsor married children as they fall under the F3 Family Preference category.
What happens if my Form I-130 is denied?
If denied, the USCIS decision notice will include instructions on how to appeal. You can file an appeal with the Board of Immigration Appeals within the deadline.
What is ‘follow-to-join’ in family immigration?
Follow-to-join allows your spouse or children to join you in the U.S. after you’ve received your green card, without filing a new petition. The condition is that the family relationship existed when you became a resident.
Do I need a lawyer to file a family immigration petition?
Having an immigration lawyer helps prevent errors by ensuring all forms and evidence are correctly filed.
