Understanding Family Immigration: A Comprehensive Guide
June 19, 2025
Family immigration remains one of the most common ways individuals come to the United States and establish lawful permanent residence. For individuals seeking to bring loved ones to the US, the process can be both rewarding and complicated, with numerous legal pathways, eligibility requirements, and procedural hurdles.
At Corbaci Law, P.C., located in Woburn, Massachusetts, we’re familiar with the family immigration process and the complications that can arise. Here, we aim to break down the fundamentals of family immigration, explain the types of family-based visas available, and provide an understanding of the legal steps required for a successful petition.
What Is Family Immigration?
Family immigration allows US citizens and lawful permanent residents (green card holders) to sponsor certain relatives for permanent residency (a green card). This category is divided into two primary groups: immediate relatives of US citizens and family preference categories for other eligible family members.
Immediate Relative Immigrant Visas
Immediate relatives of US citizens aren’t subject to annual visa caps. This makes the immediate relative category one of the most efficient and accessible pathways to lawful permanent residency. For US citizens seeking to reunite with close family members, this route offers a clear and prioritized legal option. This group includes:
Spouses of US citizens
Unmarried children under 21 of US citizens
Parents of US citizens aged 21 years or older
One of the most compelling features of this category is that visas are always available, which significantly shortens the wait time compared to other family-based categories. As a result, the process typically moves faster and provides a more direct path to a green card, allowing families to reunite and settle in the US with fewer delays and complications.
Family Preference Categories
Unlike immediate relatives, family preference categories are subject to annual limits. These limits are in place to manage the number of visas issued each year and balance family-based immigration with other immigration priorities. Understanding the specific categories is essential for petitioners and beneficiaries to plan accordingly. Here are the current preference categories:
F1 – First Preference: Unmarried sons and daughters (21 years and older) of US citizens.
F2A – Second Preference A: Spouses and unmarried children (under 21) of lawful permanent residents.
F2B – Second Preference B: Unmarried sons and daughters (21 years and older) of lawful permanent residents.
F3 – Third Preference: Married sons and daughters of US citizens.
F4 – Fourth Preference: Brothers and sisters of US citizens (citizen must be 21 or older).
Because these categories are limited by numerical caps, applicants must often wait for their priority dates to become current before moving forward. This means that some family members may face significant delays, especially those in categories with high demand or from countries with large immigrant populations.
Staying informed about visa availability through the Department of State’s Visa Bulletin and working with an immigration attorney can help families manage these wait times and prepare for each step of the process. At Corbaci Law, P.C., we can help you each step of the way during your family immigration process. Contact us to learn more about how we can help.
Visa Bulletin and Priority Dates
Due to caps on visa numbers in family preference categories, the Department of State publishes a Visa Bulletin each month. It outlines the current priority dates - the date a petition was filed that is now eligible for processing. Understanding how to read the Visa Bulletin is crucial for both petitioners and beneficiaries to estimate waiting periods.
The Family Immigration Process: Step-by-Step
Whether you’re sponsoring a spouse, parent, or sibling, the family immigration process typically follows a structured series of steps. Each stage involves specific forms, timelines, and eligibility requirements. Proper preparation and documentation can greatly improve the chances of a smooth process. Below is a breakdown of each key phase.
File Form I-130
The US citizen or lawful permanent resident (the petitioner) files Form I-130 (Petition for Alien Relative) with US Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship and initiates the immigration process. Key documentation often includes proof of the petitioner’s status, such as a US passport, birth certificate, or green card.
USCIS Processing
Once USCIS receives Form I-130, it reviews the petition for completeness and accuracy. If the petition is approved, it moves to the National Visa Center (NVC) for further processing if the beneficiary is outside the US. If the beneficiary is inside the US and eligible, the next step may be adjustment of status.
Consular Processing or Adjustment of Status
If the beneficiaries are residing abroad, consular processing will be used. Once it’s placed, the petition proceeds to the US Department of State. Once a visa becomes available, the next step is for the beneficiary to schedule and attend an interview at a US embassy or consulate in their home country.
If the beneficiary is already in the US, they may apply for adjustment of status by completing Form I-485 (Application to Register Permanent Residence or Adjust Status). This allows them to stay in the US while USCIS processes their green card application, prior to their immigration application being approved.
Interview and Final Decision
Whether proceeding via consular processing or adjustment of status, most applicants will be interviewed as part of their immigration application process. A consular officer or USCIS officer will verify the relationship and determine if the beneficiary is admissible to the US. Final approval depends on the successful completion of this step.
Green Card Issuance
If all requirements are met, the family member is granted lawful permanent residency and receives a green card. This marks the final step in the family immigration process and allows the individual to live and work permanently in the US. Green cards granted through recent marriages less than two years old are issued on a conditional basis.
To remove these conditions, the couple must jointly file Form I-751 (Petition to Remove Conditions on Residence) during the 90-day period before the card expires. Once approved, the individual receives a standard 10-year green card. Maintaining compliance with immigration laws is essential to preserve permanent resident status.
Challenges and Complications in Family Immigration
Although family-based immigration offers a path to reunification, the process can present significant legal and procedural hurdles. Many petitioners and beneficiaries encounter challenges that delay or jeopardize approval. Understanding these common obstacles can help families prepare more effectively. Common issues in family immigration include:
Proving a bona fide marriage: USCIS requires strong evidence of a genuine relationship, such as joint financial records, shared leases, photos, and affidavits.
Inadmissibility grounds: Criminal history, prior immigration violations, health concerns, or financial instability may render a person inadmissible. Some cases may qualify for waivers like Form I-601.
Long wait times: Preference categories, especially F3 and F4, often involve multi-year delays depending on the relationship and country of origin.
Legal representation can be crucial in working through these challenges. With proper planning and guidance, families can improve their chances of a successful immigration outcome despite the complications involved. An experienced immigration attorney can help anticipate potential issues and develop strategies tailored to each family's unique situation.
Contact a Family Immigration Attorney Today
Whether you're just beginning the process or facing complications, seeking the guidance of a knowledgeable immigration lawyer can help streamline your journey and avoid costly setbacks. With the right support and preparation, family immigration can open the door to a brighter, united future. At Corbaci Law, P.C., we serve clients in Woburn, Massachusetts and the surrounding areas of Boston, Marlborough, and Framingham. Contact our firm today to begin working together.