For many people, one of the biggest reasons for pursuing immigration is simple: they want their family together.
If you are a U.S. citizen or green card holder, you may be able to help certain family members immigrate to the United States. This process is commonly called family-based immigration or a family petition.
The process usually starts with a petition filed with U.S. Citizenship and Immigration Services (USCIS). In many cases, this is done using Form I-130, Petition for Alien Relative.
But filing an I-130 is only one part of the immigration process. What happens after the petition is filed depends on your relationship with your family member, whether you are a U.S. citizen or green card holder, and whether your family member is inside or outside the United States.
At Jos Immigration Law, we help families understand their options and guide them through the immigration process from beginning to end.
Who Can You Petition for?
The family members you can petition for depend on your immigration status.
If You Are a U.S. Citizen
A U.S. citizen may generally be able to petition for:
- A husband or wife
- Children
- Parents, if you are at least 21 years old
- Brothers and sisters, if you are at least 21 years old
However, different family relationships have different immigration rules and waiting periods.
If You Have a Green Card
A lawful permanent resident, commonly called a green card holder, may generally petition for:
- A husband or wife
- Certain unmarried children
A green card holder generally cannot petition for a parent or sibling.
How Does a Family Petition Work?
Think of the process as having several steps.
Step 1: File the Family Petition
The first step is usually filing Form I-130 with USCIS.
The purpose of the I-130 is to show the government that you have a qualifying family relationship with the person you want to immigrate.
For example, if you are a U.S. citizen and want to bring your spouse to the United States, the I-130 helps establish that you are legally married.
Step 2: USCIS Reviews the Petition
USCIS reviews the application and supporting documents.
USCIS may approve the petition, ask for additional evidence, or deny the petition.
An approval of the I-130 is important, but it does not automatically give your family member a green card.
There may still be additional steps before your family member can become a permanent resident.
Step 3: Complete the Green Card Process
What happens next depends on where your family member is located.
If your family member is already in the United States and qualifies, they may be able to apply for a green card without leaving the country. This is called adjustment of status.
If your family member is outside the United States, they may need to complete the immigrant visa process through a U.S. embassy or consulate. This is commonly called consular processing.
How Long Does Family Immigration Take?
This is one of the first questions most families ask.
Unfortunately, there is no single answer.
Some family-based immigration cases can move relatively quickly, while others can take years. The timeline depends on several factors, including:
- Whether the petitioner is a U.S. citizen or green card holder
- The relationship between the family members
- Whether an immigrant visa is immediately available
- How long USCIS takes to process the petition
- Whether additional documents are requested
- Whether the family member has previous immigration problems
- Whether the family member needs a waiver
For some relatives of U.S. citizens, an immigrant visa is immediately available once the other requirements are met. Other family members fall into categories where there are yearly limits on the number of visas available.
This is why two families can file similar petitions and experience very different waiting times.
Why Does the Visa Bulletin Matter?
You may hear an immigration attorney talk about the Visa Bulletin.
In simple terms, the Visa Bulletin helps determine when certain family members are eligible to move forward with their immigrant visa or green card process.
Some family members are not subject to the same waiting list as others. For example, certain immediate relatives of U.S. citizens generally do not have to wait for a visa number to become available.
Other relatives, such as certain adult children and siblings of U.S. citizens, can face much longer waits.
The Visa Bulletin changes over time, so families should not rely on an old estimate of how long their case will take.
For more information, refer to our blog on Visa Bulletin here. [Link]
What If My Family Member Is Already in the United States?
If your family member is already in the United States, they may be able to apply for a green card without returning to their home country.
This is called adjustment of status.
Whether this option is available depends on the person's individual circumstances.
For example, immigration authorities may look at:
- How the person entered the United States
- Whether they maintained lawful immigration status
- Whether they worked without authorization
- Whether they have ever been placed in immigration court
- Whether they have a previous removal or deportation order
- Whether they have a criminal history
- Whether there are other immigration issues in their record
This is why it is important to look at the entire immigration history before deciding how to proceed.
What If My Family Member Lives Outside the United States?
If your family member lives outside the United States, the case may proceed through consular processing.
Generally, the process involves completing the required paperwork, submitting supporting documents, completing a medical examination, and attending an interview at a U.S. embassy or consulate.
If everything is approved, the family member may receive an immigrant visa and travel to the United States.
Once admitted as a permanent resident, the person can begin their life in the United States as a green card holder.
What If My Family Member Has an Immigration Problem?
This is where family immigration can become more complicated.
Having a U.S. citizen spouse, parent, or child does not automatically erase a person's previous immigration problems.
For example, your family member may have:
- Entered the United States without permission
- Stayed in the United States longer than allowed
- Worked without authorization
- Been arrested or convicted of a crime
- Used incorrect information on a previous immigration application
- Been ordered deported
- Previously left the United States after being here unlawfully
- Had a visa application denied
Depending on the circumstances, there may be a solution. In some cases, a person may need a waiver or another type of immigration application.
The important thing is to identify these issues before filing whenever possible.
What If My Family Member Needs an Immigration Waiver?
A family petition does not automatically solve every immigration problem. Some family members may qualify for a green card through a spouse, parent, or other relative but still need a waiver because of a past immigration violation, criminal issue, fraud or misrepresentation, or another ground of inadmissibility.
A waiver is essentially a request asking the government to forgive or overcome a specific immigration problem when the law allows it. The type of waiver needed depends on the specific problem.
I-601A Waiver for Unlawful Presence
The I-601A Provisional Unlawful Presence Waiver is commonly used in family-based immigration cases involving people who entered the United States without inspection or permission.
For example, a person may have entered the United States without going through immigration inspection, lived in the United States for many years, and later married a U.S. citizen. The U.S. citizen may be able to file an I-130 family petition for the spouse.
However, because the person entered without inspection, they may need to leave the United States and complete the immigrant visa process at a U.S. consulate in their home country. Leaving the United States after accumulating sufficient unlawful presence can trigger a 3-year or 10-year bar from returning.
The I-601A allows certain eligible individuals to request a provisional waiver of the unlawful-presence bar before leaving the United States for their immigrant visa interview.
Importantly, an I-601A waiver does not forgive the unlawful entry itself and does not resolve every possible immigration problem. It specifically addresses certain unlawful-presence bars. Other immigration issues may require a different waiver or additional legal strategy.
I-601 Waiver for Certain Grounds of Inadmissibility
The I-601 waiver may be available for certain other grounds of inadmissibility.
Depending on the circumstances, an I-601 may be used to seek a waiver for certain issues involving:
- Fraud or misrepresentation
- Certain criminal grounds
- Certain health-related grounds
- Certain unlawful-presence issues
- Other grounds covered by immigration law
The requirements depend on the particular ground of inadmissibility. In many cases, the applicant must demonstrate extreme hardship to a qualifying U.S. citizen or lawful permanent resident family member.
I-212 Waiver After Deportation or Removal
A person who has previously been deported or removed from the United States may have a separate immigration problem that requires permission to apply for admission again.
In certain circumstances, the person may need to file Form I-212, Application for Permission to Reapply for Admission Into the United States After Deportation or Removal.
An I-212 is different from an I-601 or I-601A. In some cases, a person may have multiple immigration problems and may need more than one form of relief.
Not Every Immigration Problem Can Be Solved With a Waiver
There is no single waiver that fixes every immigration problem.
For example, a person may have entered the United States without inspection and have a prior removal order, criminal conviction, or allegation of fraud or misrepresentation. Each issue may need to be evaluated separately.
Before filing a family petition or leaving the United States for an immigrant visa interview, it is important to understand the person's complete immigration history and determine whether a waiver may be available.
At Jos Immigration Law, we help families identify potential immigration problems and understand whether an I-601A, I-601, I-212, or another form of relief may be appropriate for their situation.
What Documents Will I Need?
Every family petition is different, but you will generally need documents showing both your immigration status and your relationship to the person you are petitioning for.
Depending on the case, documents may include:
- U.S. passport or birth certificate
- Certificate of naturalization
- Green card
- Marriage certificate
- Birth certificates
- Divorce or death certificates from previous marriages
- Evidence of a genuine marriage
- Immigration records
- Other documents requested by USCIS
It is important to make sure names, dates, and other information are consistent across your documents. Problems with documentation can lead to delays or additional questions from USCIS.
What If USCIS Asks for More Evidence?
Sometimes USCIS sends a Request for Evidence (RFE).
An RFE means USCIS wants additional information or documentation before making a decision.
Receiving an RFE does not necessarily mean that your case is going to be denied. However, the request should be reviewed carefully and answered by the deadline.
The response should directly address what USCIS is asking for and include appropriate supporting evidence.
Does Filing an I-130 Guarantee a Green Card?
No.
An approved I-130 establishes that USCIS recognizes the qualifying family relationship. It does not, by itself, guarantee that the family member will receive a green card.
The family member must still qualify for the next stage of the immigration process.
Issues such as unlawful entry, previous immigration violations, criminal history, fraud or misrepresentation, and other grounds of inadmissibility can affect the case.
That is why it is important to understand the whole immigration case, not just the family petition.
Can an Immigration Attorney Help With a Family Petition?
Yes. An immigration attorney can help determine:
- Whether you qualify to petition for your family member
- Which family-based category applies
- Whether your family member may have to wait for a visa
- Whether adjustment of status or consular processing may be appropriate
- What documents should be submitted
- Whether there may be immigration problems that need to be addressed
- Whether a waiver or other application may be necessary
- What steps come after the I-130 is approved
Every family has a different immigration history. What worked for one family member or friend may not be the right approach for another.
Helping Families Navigate Immigration
Family immigration is about more than forms and paperwork. For many people, it is about being reunited with a spouse, bringing a parent to the United States, or helping a child build a future with the rest of the family.
At Jos Immigration Law, we understand how important these cases are to the families involved. Our goal is to explain the process in straightforward terms, identify potential problems early, and help you understand your available options.
Whether you are considering filing a petition for a spouse, child, parent, or another qualifying family member, getting the right information at the beginning can make a significant difference.
If you are considering a family petition, contact Jos Immigration Law to discuss your situation and learn what immigration options may be available for your family.
This article is for general informational purposes only and does not constitute legal advice. Immigration laws and procedures can change, and the best strategy depends on the individual facts of each case.
