Family-Based Immigration

Immigration Lawyers Helping Families Unite

We know how important the support of your family is, especially when you’re building a new life in a new country. At Brown Immigration Law, our legal team assists immigrants with family-based immigration for a fiancé(e), spouse, children, parents, and other relatives. Whether you are a U.S. citizen, hold a Green Card, have refugee status, or have been granted asylum, our national immigration lawyers can help you with that matters most.

Why Choose Brown Immigration Law?

Immigration law in the USA is complex and navigating the system can be extremely difficult and frustrating. The process of gaining legal status for a loved one can be faster with the help of an immigration attorney who has extensive experience working within the system.
The team of experienced, talented attorneys at Brown Immigration Law delivers attentive and responsive legal representation in family-based immigration matters. With over 100 years of combined experience, we are meticulous in preparing documentation in family-based immigration matters, with the goal of achieving a timely, positive response, with your family members achieving legal status in the USA and joining you in building your life in the country.

Petitions for Relatives for U.S. Citizens

If you have U.S. citizenship, you have the right to petition for immigration status for certain family members, including:

• Spouse
• Unmarried children under 21
• Son and daughters over 21
• Parents
• Siblings
• Fiancé(e)s

The status sought could be permanent residence (Green Card), a fiancée visa, or K-3 or K-4 (temporary legal status). The process of working with the State Department is complex and achieving success within a reasonable time frame requires the assistance of a skilled immigration lawyer.

Removing conditions for a marriage-based Green Card

Being married to a US citizen is not a sure road to obtaining a Green Card. If you were married less than two years on the day you obtain permanent resident status, you are considered a “conditional permanent resident” by law. Section 216 of the Immigration and Nationality Act governs conditional permanent resident status for foreign national spouses of US citizens, and the pathway forwards towards removing restrictions. If the marriage falls under any of the following categories during this two year period, the permanent resident status of the alien may be terminated:

• “Green Card marriages,” or marriages with the purpose of immigration
• Annulments or other divorces
• Fees that were paid in assistance for filing a petition under section 1154(a) or section 1184 (other than to attorneys)

Conditional permanent residency in the US expires after two years. If you do not act to update your status before or within the 90 day window after the expiration date, you run the risk of being deported, even with a marriage certificate. You’ll have to file to remove the conditions on your permanent resident status.

Petitions for Relatives of Green Card Holders

Green Card holders can petition for certain family members to immigrate and gain permanent resident status, including:

• Spouse
• Unmarried children under 21
• Unmarried son or daughter, any age

Family-Based Immigration Preferences

U.S. Citizen and Immigration Services (USCIS) has “preference categories” for family-based immigration. Family members must wait for visa availability based on these preferences:

• First preference: Unmarried, adult (21 or older) sons and daughters of U.S. citizens.
• Second preference: Spouses of lawful permanent residents, and unmarried sons and daughter of Green Card holders and their children.
• Third preference: Married sons and daughters of U.S. citizens, their husbands or wives, and children under age 18.
• Fourth preference: Brothers or sisters of citizens, their spouses, and minor children.

Unfortunately, other relatives (such as grandparents, cousins, aunts, uncles, etc.) are not given any preference. The preference category will affect when the visa number will be issued.

Which Visas Are Available for Family Immigration?

Visas are always available for immediate relatives of US citizens. If you are a spouse of a US citizen, an unmarried child under the age of 21, or the parent of a child over age 21, you may be able to skip the line with certain filings. Visas available for immediate relatives include:

• IR1 and CR1 for spouses
• IR2 for children
• IR5 for parents

For those who fall under the “preference categories” to a US citizen, the following kinds of visas may be available:

• F1 visas for unmarried children who are 21 years of age or older
• F3 visas for married children
• F4 visas for siblings

For those who are sponsored by a Green Card holder, the following may be available:

• F2A visas for spouses and unmarried children under the age of 21
• F2B visas for unmarried children who are 21 years of age or older

For unmarried fiancé(e)s, you may be able to apply for:

• K-1 visas to marry a US citizen and live in the US
• K-3 visas for a nonimmigrant visa to marry a US citizen
• K-4 visas for fiancé(es) separated and awaiting approval of I-130 immigrant petition

For adoption of children by US citizens, the following visa categories are available:

• IR3
• IH3
• IR4
• IH4

Adjustment of Status, Consular Processing, and Unlawful Presence Waivers

Additional concerns often arise past the first filing stage with family-based immigration. Consular processing typically involves family members who are outside of the US, and need to interview at their country’s US consulate in order to gain entry.

Meanwhile, if your family member first immigrated illegally, or overstayed their prior visa, you may need the help of an attorney to obtain an unlawful presence waiver. Unlawful presence for over 180 days can have serious consequences, including deportation, under section 212(a)(9)(B) of the Immigration and Nationality Act. Obtaining an unlawful presence waiver with the help of a family-based immigration lawyer can help you overcome the inadmissibility bar before the interview process.

Finally, adjustment of status takes place for immigrants who are already in the US, and who are applying for their own permanent residence or Green Card.

Frankly, many areas of immigration law involve discretionary relief. This means that USCIS agents are at times able to provide additional assistance when the “pros” outweigh the “cons” for certain petitions. For instance, in the case of humanitarian reinstatement, if the petitioner (US citizen or sponsor) passes away after their petition was granted, USCIS guidelines can at times allow for a substitute sponsor instead. However, many people do not know about these guidelines, and they also may not know what factors USCIS will consider to count in their favor. The role of a family immigration lawyer is to provide assistance throughout not only the cut-and-dried paper filings, but also these more complicated areas of immigration law.

Why You Want an Immigration Attorney for Family-Based Immigration

• Complexity of Immigration Laws and Procedures: The U.S. immigration system is notoriously complex, with numerous laws, regulations, and procedures that can be difficult for immigrants to navigate without legal assistance. Language barriers can exacerbate these challenges.
• Uncertainty and Instability: Changes in immigration policies and regulations can create uncertainty and instability for immigrant families. Fear of deportation or sudden policy shifts can disrupt family life and cause emotional distress.
• Limited Access to Services and Benefits: Immigrant families, particularly those with undocumented members, may have limited access to essential services such as healthcare, education, and social welfare programs.
• Discrimination and Stigmatization: Immigrant families may face discrimination and stigmatization based on their immigration status, nationality, or ethnicity. This can impact their ability to find housing, employment, and social acceptance.
• Language and Cultural Barriers: Immigrant families often struggle with language barriers and cultural differences, which can hinder their integration into U.S. society and access to resources and opportunities.

These challenges highlight the need for comprehensive immigration reform that prioritizes family unity, fairness, and respect for human rights. Our firm understands how immigration laws and policies can be ever-changing, which is why we are ready to guide you through each step of the process and protect your family member’s rights and best interests.

Frequently Asked Questions About Family Immigration

Who fills out the petition – me, or my family member?

The current Green Card holder, usually your family member or spouse, will fill out the petition on your behalf. They are the sponsor, or petitioner, for the person who is seeking permanent residency. This person is known as the beneficiary.

It is important to note that a spouse cannot be a sponsor if they became a permanent resident themselves through a prior marriage, unless they have been a Green Card holder for at least five years or are now a naturalized citizen.

Can I apply for permanent residency for a family member, or only a visa?

Yes, you can apply for permanent residency (Green Card) for a family member. Because of this relationship, you will not need to meet the labor qualifications standard or employer sponsorship grounds.

How much does family-based immigration cost?

Fees for family-based immigration vary based on the relationship as well as any additional travel expenses and legal costs. To file with USCIS, fees for family-based immigration range from $325 to $3005. These fees are set by the federal government.

Each case is different, depending on the background of the family and any exemptions for which they might be able to apply. Having a family based immigration lawyer by your side can help you keep a handle on costs as well as ensure that you do not miss any available discounts or ways forwards towards permanent residency that you might not have considered.

What is the minimum income to sponsor an immigrant in 2025?

As of March 1, 2025, the HHS Poverty Guidelines have been updated. In order to provide an Affidavit of Support, a family of two must meet 125% of the HHS Poverty Guidelines at $26,437. Sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child must meet a lower bar, at just 100% of HHS Guidelines or $21,150. These amounts increase per household size, and vary for residents of both Alaska and Hawaii.

How long does family-based immigration take?

There is a limit on how many family-based immigration visas are offered each year, with USCIS processing only 226,000 per year. In addition, there can be delays in processing as well as adjustments of status for current residents. Because of this, family-based immigration generally takes anywhere from nine months to around two to three years before the process is entirely complete.

Can a non-family member sponsor an immigrant?

Many people want to know if they can sponsor a friend to enter the country. Unfortunately, US law does not currently allow for non-relatives to directly sponsor an immigrant. Employers may offer sponsorship through a legitimate job offer, or a non-relative may serve as support for an asylum claim. Additionally, a non-relative may be able to help a minor with a Special Immigrant Juvenile Status claim, but not as a direct sponsor through family-based immigration.

Can an immigration lawyer help with reunification?

Yes, a family immigration attorney can assist with reunification. For families that face admissibility issues, serious health problems, or previous immigration violations, having an immigration attorney by your side is one of the most important elements for success. Our firm can help you prepare for interviews, consult with you about legal issues that might arise, as well as ensure that you have the correct documentation and filing ready to go. Working with a firm can reduce the amount of errors and misunderstandings that might have delayed your family’s reunification claim, ensure your case does not slip through the cracks with USCIS processing, and provide legal representation if necessary.

Do You Have a Family Based Immigration Attorney Near Me?

Brown Immigration Law offers help to families nationwide. We maintain five in-person office locations located in Cleveland, OH, Columbus, OH, Durham, NC, Tampa, FL and Orlando, FL. With these offices, we can provide flexible assistance to clients located in different areas of the country. Our firm is available for a consultation today to suit your needs.

Ready for Your New Adventure? Contact Our Family Immigration Lawyers Today

Family-based immigration is meant to be the simplest way forwards to reunite loved ones. However, the many stages of filing and documentation involved can lead to a difficult and stressful process without the help of an attorney. Contact a family and immigration lawyer with Brown Immigration Law today if you need help with a family-based immigration matter. We are available online and by telephone at 888-861-4414.