Immigrant Visas
Family-Based
Immediate Relatives & Family Preference Categories
Green cards for the relatives of U.S. citizens and green card holders.
Family‑based green cards allow U.S. citizens and lawful permanent residents to sponsor certain relatives to live permanently in the United States. This pathway covers “immediate relatives” of U.S. citizens (spouses, unmarried children under 21, and parents of citizens age 21 or older) as well as “family preference” categories for more extended relationships like adult children and siblings of citizens and certain relatives of green card holders. For many families, sponsorship is the most direct way to reunite in the U.S.
The family‑based green card process usually starts when the U.S. citizen or permanent resident files Form I‑130 with U.S. Citizenship and Immigration Services to prove a qualifying relationship. Once that petition is approved and a visa number is available (immediately for most immediate relatives, but sometimes after years of waiting in preference categories), the relative can complete immigrant visa processing abroad or apply for adjustment of status in the United States. Because categories have different annual limits and priority‑date backlogs, knowing which category your case falls into helps you set realistic expectations and plan.
ByLaw helps U.S. citizens, green card holders, and their families through every stage of the family‑based immigration process, from choosing the right category to gathering strong relationship and financial evidence. Our team prepares I‑130 petitions, adjustment or consular applications, waivers when needed, and prepares clients for their interviews. ByLaw works to make the family green card process as smooth and predictable as possible for families across the U.S. and abroad.
Eligibility Criteria
Spouses of U.S. Citizens: Spouses of U.S. citizens under the IR‑1 (Permanent) or CR‑1 (Conditional) immediate relative categories.
Children and Parents: Unmarried children under 21 of U.S. citizens, and parents of U.S. citizens who are at least 21 years of age.
Relatives of Green Card Holders: Spouses and unmarried children (under or over 21) of Lawful Permanent Residents (Green Card holders) under the F2A and F2B family‑preference categories.
Other Family Preferences: Unmarried or married adult sons and daughters, as well as brothers and sisters, of U.S. citizens under the F1, F3, and F4 preference categories.
General Eligibility Criteria: Qualifying relatives who can document the family relationship, pass all security and medical background checks, and whose U.S. sponsor meets the federal financial support (Affidavit of Support) requirements.
“In family cases, small paperwork errors cause long delays, so we check every document and deadline.”
How We Help
Our Family-Based Services
I-130 Petition Preparation & Filing
Preparing the Petition for Alien Relative with all required documentation, such as marriage certificates, birth certificates, and evidence of relationship, and managing USCIS correspondence through adjudication.
Spousal Visa (CR-1 / IR-1) Processing
For U.S. citizens and their spouses applying from abroad, we handle CR-1 and IR-1 cases: NVC processing, gathering documents, completing the DS-260, and preparing for the consular interview.
Adjustment of Status (I-485)
For eligible beneficiaries inside the US, filing the I-485 green card application when a visa number is available, including concurrent work authorization and travel documents.
K-1 Fiancé Visa
Petitioning for the K-1 visa to allow a US citizen's foreign-national fiancé to enter the US for marriage, followed by Adjustment of Status to permanent residency.
Inadmissibility Waivers (I-601 / I-601A)
Preparing waivers of inadmissibility (I-601 and I-601A), including for certain unlawful presence bars, and I-212 permission to reapply for those with prior removal orders or certain unlawful reentries. Eligibility depends on the facts of each case.
Affidavit of Support Compliance
Ensuring the I-864 meets income thresholds, advising on joint sponsors when needed, and counseling on the sponsor's long-term financial obligations.
How We Work
Our Approach
I-130 Petition Filing
The US citizen or LPR petitioner files Form I-130 with USCIS, establishing the qualifying family relationship. This establishes the beneficiary's priority date for preference categories.
NVC Processing or Waiting for Priority Date
For Immediate Relatives, the case transfers to the National Visa Center for document collection promptly after I-130 approval. For preference categories, the case waits until the priority date becomes current per the monthly Visa Bulletin.
Consular Interview or I-485 Filing
Applicants abroad attend a visa interview at a U.S. consulate. Those inside the U.S. file the I-485 once a visa number is available, if they are eligible to adjust status. Eligibility depends on how the applicant entered and whether they kept lawful status.
Green Card Issuance
Upon approval, at the consulate or by USCIS, the beneficiary receives their immigrant visa or green card, becoming a lawful permanent resident of the United States.
Family-Based FAQ
Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) often receive green cards in roughly 1–2 years because there is no annual cap on these visas, while family‑preference categories (F1, F2A/F2B, F3, F4) can take several years or even more than a decade depending on priority dates, country, and visa‑number backlogs.
Family‑based immigration is limited to specific relationships and, for preference categories, strict annual worldwide and per‑country caps, which is why many relatives must wait in line based on their priority date in the Visa Bulletin. Sponsors must also be U.S. citizens or lawful permanent residents, meet age and financial requirements, and the relative must be admissible to the United States.
U.S. citizens can sponsor spouses, unmarried children under 21, parents (if the citizen is at least 21), adult unmarried or married children, and siblings. Lawful permanent residents can sponsor spouses and unmarried children (under or over 21) but not parents, married children, or siblings.
You cannot skip visa‑number backlogs, but you can reduce avoidable delays by filing complete, accurate forms, submitting strong relationship and financial evidence up front, responding quickly to any government requests, and monitoring the Visa Bulletin so you are ready for the next step as soon as your date is current. Working with an experienced family‑based immigration firm such as ByLaw can help catch mistakes, organize evidence, and prepare you for interviews, which can prevent many RFEs and denials.
Yes. Common reasons include weak or inconsistent proof of the family relationship (especially in marriage cases), incomplete forms, missing financial or joint‑sponsor evidence, certain criminal or immigration violations, and trying to sponsor a relative who is not eligible under the law. Careful preparation, honest disclosure, and tailored legal advice from ByLaw can significantly reduce these risks and give your family‑based green card case a stronger chance of approval.
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