Family Immigration Attorney
Orange County, California

Family-Based Immigration in the United States

Family-based immigration allows U.S. citizens and lawful permanent residents (green card holders) to petition for certain foreign national family members to obtain permanent residency. The process starts with Form I-130, a Petition for Alien Relative, which establishes the qualifying family relationship.

There are two main categories: Immediate Relatives (spouses, unmarried children under 21, and parents of U.S. citizens) — who have no annual visa cap and typically wait shorter processing times — and Family Preference Categories (adult children, married children, and siblings) — which are subject to annual numerical limits and often face multi-year waiting periods.

Who Can Be Petitioned

• U.S. Citizens can petition for: Spouses, unmarried children under 21 (IR), parents (IR), unmarried adult children (F1), married children (F3), and siblings (F4).
• Green Card Holders can petition for: Spouses and unmarried children under 21 (F2A), and unmarried adult children (F2B).

Adjustment of Status vs. Consular Processing

Adjustment of Status (AOS) allows a family member already in the U.S. on a valid visa to apply for a green card without leaving. Filed with Form I-485, it is processed by USCIS and typically allows work and travel authorization (EAD/AP) while pending.

Consular Processing is used when the beneficiary is outside the United States. The case is processed through the National Visa Center (NVC) and a U.S. consulate abroad. Upon approval, the beneficiary enters the U.S. as a permanent resident.

Frequently Asked Questions

Answers by Austin Kim, J.D. · Updated May 2026