Family Immigration In The United States

Types of Family Immigration Petitions

1. Immediate Relative Petitions: These are for close family members of U.S. citizens and are not subject to numerical limits. Immediate relatives include:
   • Spouses of U.S. citizens
   • Unmarried children under 21 of U.S. citizens
   • Parents of U.S. citizens (if the citizen is at least 21 years old)

      

2. Family Preference Petitions: These petitions are for other relatives of U.S. citizens and LPRs and are subject to annual numerical limits. They include:
   • F1: Unmarried sons and daughters (21 years or older) of U.S. citizens
   • F2A: Spouses and unmarried children (under 21) of LPRs
   • F2B: Unmarried sons and daughters (21 years or older) of LPRs
   • F3: Married sons and daughters of U.S. citizens
   • F4: Brothers and sisters of U.S. citizens (if the citizen is at least 21 years old)

      

3. Fiancé(e) Petitions (K-1 Visa (Fiancé(e) Visa): this visa allows a foreign fiancé(e) to enter the United States to marry their U.S. citizen petitioner.

    

4. Family based petitions for adopted children: There are different ways to petition children and orphans to be adopted in the United States or abroad.

Adjustment of Status vs. Consular Processing

Adjustment of Status and Consular Processing are the two primary methods for obtaining a green card through family immigration.

• Adjustment of Status (AOS): This process is for individuals who are already in the United States. The applicant can apply for a green card (permanent residency) without leaving the country. It involves filing Form I-485 with the U.S. Citizenship and Immigration Services (USCIS). AOS can be a faster and more convenient option for those eligible, as it allows for work authorization and travel while the application is pending.

   

• Consular Processing: This process is for individuals who are outside the United States or those who prefer to complete the application through a U.S. consulate or embassy in their home country. The petitioner first files Form I-130 with USCIS. Once approved, the case is transferred to the National Visa Center (NVC) and then to the appropriate U.S. consulate or embassy, where the applicant attends an interview to receive an immigrant visa. Upon entry into the United States with this visa, the individual becomes a lawful permanent resident.

Both methods lead to the same result—a green card—but the choice between AOS and consular processing depends on the applicant’s circumstances and current location.

Effect of Unlawful Entry and Unlawful Presence on Obtaining a Green Card: Unlawful entry and unlawful presence can significantly impact an individual’s ability to obtain a green card. Unlawful entry refers to entering the United States without being inspected and admitted by an immigration officer. Unlawful presence occurs when an individual stays in the U.S. beyond their authorized period. Both circumstances can result in inadmissibility, making it difficult to adjust status within the U.S. or complete consular processing. Waivers are sometimes available, but these require demonstrating extreme hardship to a qualifying U.S. citizen or LPR relative.

Recent initiatives by the Biden Administration aim to provide a process for eligible spouses and stepchildren of U.S. Citizens with unlawful entry and unlawful presence to adjust their status without having to leave the United States. For an overview of this initiative to keep families together, please refer to the USCIS resource on Keeping Families Together. This article highlights various initiatives and legal pathways designed to facilitate family reunification.

Start Today 

Navigating the family-based immigration process can be complex and overwhelming, but you don’t have to do it alone. Our law firm is dedicated to assisting individuals and families through every step of their immigration journey. We understand the complexities of inadmissibility issues related to unlawful entry and unlawful presence and can guide you through the intricacies of adjustment of status and consular processing, ensuring your petitions are handled with care and expertise.

Bring your loved ones together with confidence. Start your family-based immigration process today by booking a free legal call with our experienced immigration attorneys. Contact us now to learn more about how we can help make your family whole. We can handle your family immigration needs and help you sponsor your eligible family members.