Family-Based Immigration: Paths to Reunification

Overview

Family reunification is a cornerstone of the U.S. immigration system. U.S. citizens and lawful permanent residents (green card holders) can sponsor certain family members for immigrant visas that lead to permanent residency. However, the process involves specific eligibility rules, multi-step filings, and often significant wait times depending on the relationship and the beneficiary's country of birth.

Understanding how the system works, which category applies to your situation, and what to expect at each stage can help you plan effectively and avoid costly mistakes.

Who can petition for a family member?

The law distinguishes between two types of petitioners:

• U.S. citizens can petition for spouses, unmarried children under 21, parents (if the citizen is 21 or older), married and unmarried adult children, and siblings.
• Lawful permanent residents (LPRs) can petition for spouses, unmarried children under 21, and unmarried adult children. LPRs cannot petition for parents, married children, or siblings.

Immediate relatives vs. preference categories

Family-based immigration is divided into two groups, and the distinction has a major impact on processing times:

Immediate relatives (no visa cap)

Certain family members of U.S. citizens are classified as "immediate relatives" and are not subject to annual visa limits. This means there is no waiting line for a visa number, and the process generally moves faster. Immediate relatives include:

• Spouses of U.S. citizens
• Unmarried children (under 21) of U.S. citizens
• Parents of U.S. citizens (petitioner must be 21 or older)

Preference categories (subject to annual limits)

All other qualifying family relationships fall into preference categories with annual numerical limits, which create waiting periods:

• F1 — Unmarried adult children of U.S. citizens: Currently has multi-year wait times.
• F2A — Spouses and minor children of LPRs: Typically shorter waits, sometimes current.
• F2B — Unmarried adult children (21+) of LPRs: Longer wait, often 5–10+ years.
• F3 — Married adult children of U.S. citizens: Long wait times, often 10+ years.
• F4 — Siblings of U.S. citizens: The longest waits in the family system, often 15–20+ years for certain countries.

The I-130 petition

Every family-based immigration case begins with the petitioner (the U.S. citizen or LPR) filing Form I-130, Petition for Alien Relative, with USCIS. This form establishes the qualifying family relationship.

Key points about the I-130:

• The petitioner must provide evidence of the family relationship (marriage certificate, birth certificate, etc.) and evidence of their own status (U.S. citizenship certificate, passport, or green card).
• USCIS reviews the petition and, if approved, forwards it to the National Visa Center (NVC) for further processing.
• For immediate relatives, the I-130 can be filed concurrently with the adjustment of status application (I-485) if the beneficiary is already in the United States.
• For preference categories, the beneficiary must wait until a visa number becomes available based on their priority date.

Priority dates and the Visa Bulletin

When an I-130 is filed, USCIS assigns a priority date, which is essentially your place in line. For preference categories, the Department of State publishes a monthly Visa Bulletin that shows which priority dates are currently eligible for processing.

Wait times vary dramatically by preference category and the beneficiary's country of birth. Nationals of countries with high demand, such as Mexico, the Philippines, India, and China, often face longer waits than applicants from other countries.

You can check the current Visa Bulletin on the Department of State website.

Adjustment of status vs. consular processing

Once a visa number is available, the beneficiary completes the final step to become a permanent resident through one of two paths:

• Adjustment of status (I-485): Filed within the United States. The beneficiary can remain in the U.S. during processing and may be eligible for a work permit (EAD) and advance parole travel document while the application is pending.
• Consular processing: The beneficiary attends an immigrant visa interview at a U.S. consulate or embassy abroad. This is required for beneficiaries who are outside the U.S. or who are not eligible to adjust status domestically.

The choice between these two paths depends on the beneficiary's current immigration status, location, and whether any inadmissibility grounds may apply.

Common pitfalls to avoid

• Filing with insufficient evidence. USCIS may issue a Request for Evidence (RFE) or deny the petition outright if the relationship is not adequately documented. Marriage-based petitions in particular require strong evidence that the marriage is genuine.
• Failing to update USCIS on changes. Address changes, changes in marital status, or the petitioner's naturalization can all affect the case and must be reported.
• Ignoring unlawful presence issues. Beneficiaries who have accumulated unlawful presence in the U.S. may trigger three- or ten-year bars to reentry if they depart. A waiver (such as the I-601A provisional unlawful presence waiver) may be available but must be planned carefully.
• Missing deadlines. The NVC sends document requests with deadlines. Failure to respond can result in case termination.
• Aging out. Children who turn 21 during the process may "age out" of their current category, potentially moving to a preference category with a longer wait. The Child Status Protection Act (CSPA) provides some relief, but it is complex.

Next steps

Family-based immigration can be straightforward for immediate relatives or involve years of planning for preference category cases. In either situation, careful documentation, attention to deadlines, and an understanding of how priority dates work can help you avoid unnecessary delays.

At AKT Immigration, we help families navigate the petition process from the initial I-130 through adjustment of status or consular processing, including waiver applications when needed.