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The United States has a long history of helping families reunite and build their lives within the same community. A huge part of our immigration system is built around the idea that families should be together. Having that longstanding history, however, does not mean it is an easy process. Family-based immigration has strict rules and deadlines that must be followed. A mistake can delay the process or result in a negative outcome for you and your loved ones.
At The Trevino Law Firm, PLLC, our family immigration lawyers understand family-based immigration law and how it can impact families and communities. We help our clients and their family members meet deadlines and file immigration petitions that are completed timely, properly, and sufficiently. We are proactive and identify issues to be addressed immediately to avoid delays. Contact us at 210.227.3200 to schedule a consultation today.
Immediate relative
Family preference
Immediate Relatives
The immediate relative category includes any of the following immediate relatives of a U.S. citizen:
- Spouses
- Widows or widowers
- Unmarried children under 21 and adopted children
- Parents
Immediate relative visas are prioritized. There's no cap or limit to the number of visas issued each year in this category.
The bars to adjustment are also more flexible when it comes to immediate relative visas. This means that factors that otherwise might disqualify an individual from adjusting their status to permanent residence (such as overstaying their visa or engaging in unlawful employment) may not apply.
Family Preference
The family preference category is for extended family members of U.S. citizens, as well as immediate and extended relatives of U.S. permanent residents.
For U.S. citizens, the family preference visa includes:
- Unmarried children aged 21 or over
- Married children
- Siblings
For U.S. permanent residents, the family preference visa includes:
- Spouses
- Unmarried children
The number of family preference visas available is capped each year, resulting in long wait lists. The Department of State publishes a Visa Bulletin monthly, and as part of this bulletin, updates on immigration petitions and green cards are given. A U.S. citizen cannot use family-based immigration petitions for other relatives, such as grandparents, aunts, uncles, cousins, and in-laws.
Supporting documentation for Form I-130 may include:
- Proof of the petitioner's U.S. citizenship or permanent residency, like:Birth certificates, Naturalization or citizenship certificates, Current U.S. passports or green cards
- Proof of the qualifying relationship, like:Birth certificates, Marriage certificates, Evidence of bona fide marriage, e.g.documentation showing property co-ownership, shared residence, combined financial resources, affidavits from people who know you and who can attest to your relationship and shared lifeAdoption decrees or certificatesEvidence of legal custody of an adopted child over a two-year period
Other required or potentially necessary forms include:
- Form I-485, Application to Register Permanent Resident or Adjust Statute
- Form I-485 Supplement A, Adjustment of Status under Section 245(i)
- Form I-797, Approval or Receipt Notice
- Form I-94, Arrival/Departure Record
- Form I-864, Affidavit of Support under Section 213A of the INA
- Form I-864EZ, Affidavit of Support under Section 213A of the ACT
- Form I-693, Report of Medical Examination and Vaccination Record
- Form I-601, Application for Waiver of Grounds of Inadmissibility
- Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal
- Form I-612, Application for Waiver of the Foreign Residence Requirement
- Form I-508, Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities
- Form I-566, Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status
Ensuring you provide sufficient documentation and all the right forms to support your application is crucial.
Visa Caps
Does Not Include All Family Members
Insufficient Evidence
While there are an unlimited number of visas for immediate family members, family preference visas are subject to annual caps. This means there can be substantial backlogs and lengthy wait times (years or even decades) for extended family members wanting to immigrate to the United States.
Insufficient Evidence
Does Not Include All Family Members
Insufficient Evidence
Evidence of a qualifying relationship is necessary for both immediate family and family preference visas. This evidence is especially important when it comes to spouse applications, where the petitioner must demonstrate a bona fide marriage. Gathering sufficient evidence of a relationship can be challenging, especially where official reco
Evidence of a qualifying relationship is necessary for both immediate family and family preference visas. This evidence is especially important when it comes to spouse applications, where the petitioner must demonstrate a bona fide marriage. Gathering sufficient evidence of a relationship can be challenging, especially where official records are limited due to things like lack of rules or policies to maintain records or things like a war, where records have been destroyed.
Does Not Include All Family Members
Does Not Include All Family Members
Does Not Include All Family Members
Other extended family members such as grandparents, aunts, uncles, cousins, and in-laws are not eligible for immediate family or family preference visas. People often assume that family-based immigration applies to any and all family members. They blindly go through the process, ultimately wasting time and resources, only to file the wron
Other extended family members such as grandparents, aunts, uncles, cousins, and in-laws are not eligible for immediate family or family preference visas. People often assume that family-based immigration applies to any and all family members. They blindly go through the process, ultimately wasting time and resources, only to file the wrong paperwork. Alternative visa pathways need to be found for these relatives.
Contact Us Today
Family immigration is a way to keep families together and to help build our communities. Handling an immigration case, however, is not easy – even for family-based immigration.
At The Trevino Law Firm, PLLC, we help you get the confidence you need to make sure your loved ones secure a legal path to the United States. Contact our immigration lawyers today by using our online form or calling us at 210.227.3200 to schedule a consultation. We look forward to bringing your family members home.