Family-Based Immigration

FAMILY - BASED PETITIONS

Family-based immigration law covers immigration benefits for spouses, children, siblings, and parents of U.S. Citizens or permanent residents. Immigrant visas are available for individuals considered “immediate relatives” or “family-preference” relatives of U.S. citizens or lawful permanent residents.

Immediate Relatives

These are the closest family members of U.S. citizens, and there is no annual limit on the number of visas available for them:

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• Spouse of a U.S. citizen

• Unmarried children under 21 of a U.S. citizen

• Parents of a U.S. citizen (if the citizen is at least 21 years old)

Family Preference Categories

These apply to more extended family relationships and are subject to annual numerical limits, which can lead to long wait times:

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1. F1 – Unmarried sons and daughters (21 or older) of U.S. citizens

2. F2A – Spouses and unmarried children (under 21) of lawful permanent residents

3. F2B – Unmarried sons and daughters (21 or older) of lawful permanent residents

4. F3 – Married sons and daughters of U.S. citizens

5. F4 – Brothers and sisters of U.S. citizens (if the citizen is at least 21 years old)

WAIVERS & APPEALS

In family-based immigration cases, waivers and appeals are critical legal tools that help individuals overcome barriers to obtaining lawful status in the U.S. 

Waivers of Inadmissibility

• Unlawful presence (e.g., overstaying a visa)

• Fraud or misrepresentation (e.g., false documents)

• Criminal convictions

• Health-related issues

• Prior deportation or removal orders

Appeals 

• Filed with the Administrative Appeals Office (AAO) or Board of Immigration Appeals (BIA) depending on the case.

• Must be filed within a specific time frame (usually 30 days).

• Requires a legal argument showing why the denial was incorrect.

ADJUSTMENT OF STATUS

Adjustment of Status (AOS) is the process that allows certain individuals already in the U.S. to apply for lawful permanent resident status (a green card) without leaving the country. This is especially relevant for family-based immigration cases.

Who Can Apply for Adjustment of Status?

• ​You are physically present in the U.S.

• You have a valid family-based immigrant petition (usually Form I-130)

• A visa is available in your category (check the Visa Bulletin)

• You were inspected and admitted or paroled into the U.S.

• You are not inadmissible (or you qualify for a waiver)