Family Immigration
Family-based petitions, visa priority dates and the visa bulletin, and consular processing from abroad.
How We Help
- Confirm which relatives you can actually petition for, and whether they're an immediate relative or preference category.
- Prepare a complete Form I-130 petition and explain what happens after it's approved.
- Track priority dates against the Visa Bulletin and explain what movement (or backlog) means for your case.
- Prepare the Affidavit of Support and consular-processing steps for a relative abroad.
- Address CSPA age-out risk or a petitioner's death before it derails an otherwise strong case.
When You Should Speak With a Lawyer
- A child in your case is approaching 21 and CSPA age-out timing isn't clear.
- The petitioner has passed away or become seriously ill during the process.
- Your priority date is close to current and you need consular-processing steps handled correctly.
- You're unsure whether a relative qualifies as immediate relative or falls into a backlogged category.
Start with the question closest to your situation
Who Can a U.S. Citizen or Green Card Holder Petition For?
U.S. citizens may petition for a spouse, unmarried children under 21, unmarried adult children, married children, parents, and siblings. Lawful permanent residents may petition only for a spouse and unmarried children — of any age. That narrower list, and the numerical caps that apply to it, is the single biggest structural difference between the two.
Read moreWhat Does Form I-130 Do — and What Doesn't It Do?
Form I-130 establishes that a qualifying family relationship exists between a petitioner and a relative — nothing more. Approval is a required first step, not a green card. Depending on where the relative lives and their status, the case still has to go through consular processing abroad or adjustment of status in the U.S. before anyone actually receives a visa or green card.
Read moreWhat Is the Difference Between an Immediate Relative and a Family Preference Case?
Immediate relatives of U.S. citizens — spouses, unmarried children under 21, and parents of adult citizens — have no annual limit on visas, so there's generally no wait once a case is otherwise ready. Every other family relationship falls into one of five numerically capped 'preference' categories (F1, F2A, F2B, F3, F4), where the number of visas issued each year is limited and demand routinely exceeds supply.
Read moreHow Do Priority Dates and the Visa Bulletin Work?
Your priority date is generally the date USCIS received your properly filed I-130, and it acts as your place in line for a numerically capped preference category. Each month, the State Department's Visa Bulletin publishes cut-off dates by category and country — your visa becomes available once your priority date is earlier than the current cut-off. Those cut-off dates move unpredictably, including backward, so always check the current bulletin rather than relying on a past estimate.
Read moreWhat Happens After USCIS Approves an I-130 for a Relative Abroad?
USCIS sends the approved petition to the National Visa Center (NVC), which collects fees, the Affidavit of Support, and civil documents, then schedules an interview once a visa is available and the case is documentarily complete. At the interview, a consular officer reviews the case for admissibility — including a medical exam and background screening — and, if everything checks out, issues the immigrant visa.
Read moreWhat Is Form I-864, and How Much Income Does a Sponsor Need?
Form I-864 is a legally binding contract in which a sponsor promises to financially support an intending immigrant, generally by showing income at or above 125% of the federal poverty guidelines for their household size. Because that threshold shifts yearly and by household size, check USCIS's current I-864P table rather than a fixed dollar figure — and know a joint sponsor or assets can fill a gap the sponsor's own income doesn't meet.
Read moreWhat Happens If a Child Turns 21 During an Immigration Case?
Turning 21 while a family-based case is pending doesn't automatically mean a child ages out and loses eligibility. The Child Status Protection Act (CSPA) can let USCIS calculate an applicant's age differently for immigration purposes, effectively subtracting the time a petition was pending from their actual age. But the calculation involves several moving variables and a separate 'sought to acquire' requirement, so it needs individualized review rather than a formula applied at home.
Read moreWhat Happens to a Family Petition If the Petitioner Dies?
The petitioner's death doesn't automatically end a family-based case, but it also doesn't automatically continue it. One path, under INA 204(l), can let an otherwise-qualifying beneficiary continue the case without further action if they were residing in the U.S. when the petitioner died and still are. A separate, purely discretionary path — humanitarian reinstatement — may be available in other circumstances but requires a request and a substitute sponsor, and USCIS can deny it.
Read moreVideos on family immigration
A few real videos from the channel that speak directly to this situation.
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