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Immigration

Family Based Immigration

A relative in the United States wants to sponsor you, or you want to sponsor someone abroad. Family based immigration sounds simple, but the petitioner's status and the exact relationship decide how long the wait will be and what route applies.

Reviewed

01 GUIDE

Family Based Immigration: what usually happens

Who can sponsor whom

U.S. citizens can petition for a wider range of relatives than permanent residents can. Close relatives of citizens, such as a spouse or the parent of an adult citizen, are treated as immediate relatives, which means no annual cap and usually no long wait for a visa number. Other relationships fall into preference categories, which are subject to annual limits and per-country caps. Waits in those categories can be long, and they can differ widely depending on the relative's country of birth. Some relationships, such as grandparents or cousins, have no family category at all.

How the case moves

The petitioner files a petition with USCIS to establish the relationship. Once it is approved and a visa number is available, the relative either applies for an immigrant visa abroad or, if eligible, adjusts status inside the United States. The petitioner also has to sign a financial sponsorship that creates obligations, and a joint sponsor can sometimes help when income falls short. Birth, marriage, and adoption records need to be accurate and consistent, and missing documents often slow cases more than any other issue. Changes like a child turning a certain age, marrying, or the petitioner naturalizing can move a case between categories.

Starting with the facts

We begin by confirming the relationship, the petitioner's status, and the relative's immigration history. Prior overstays, refusals, or criminal records can complicate a family case even when the relationship is clear. We also look at whether the relative is in the U.S. or abroad and how they entered, since that affects the final step. Siblings and married children of citizens often face some of the longest waits. A petitioner's death during the process does not always end the case, but it raises questions of its own. We explain which category applies and what the wait might look like in general terms, without promising a timeline or result.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

Our multidisciplinary approach and established processes enable us to address cross-border challenges with efficiency.

06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

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(855) 529-7557

Los Angeles

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(424) 561-7557

Attorney Advertising. This page is general information about family based immigration and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.