Practice Area
Family Petitions
Family-Based Immigration Petitions (I-130) and Visa Categories
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Overview
Eligibility Requirements
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Key Benefits
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Frequently Asked Questions
Immediate relatives (spouse/parent/minor child of U.S. citizen): typically 12-18 months total. Preference categories vary dramatically — F2A (spouse/minor child of LPR) is generally current with little backlog; F4 (siblings of U.S. citizens) can take 15+ years from priority date for many countries.
Yes — but only as their unmarried child. LPRs (green-card holders) can petition for spouses (F2A) and unmarried children (F2A if under 21, F2B if 21+). LPRs cannot petition for parents, siblings, or married children. Those require U.S. citizenship.
The priority date is the date USCIS receives your I-130. For preference categories, beneficiaries wait until their priority date becomes 'current' on the monthly Visa Bulletin published by the State Department. Backlogs vary by category and country of birth — some categories from India, China, Mexico, and the Philippines wait decades.
The Child Status Protection Act (CSPA) freezes the child's age for visa purposes once the I-130 is approved (and depending on category, when the visa becomes available). CSPA calculations are complex and case-specific — we run them before filing to protect children approaching 21.
Yes. The K-1 fiancé visa allows a U.S. citizen to bring a foreign fiancé to the U.S. for marriage within 90 days of entry. After marriage, the foreign spouse files I-485 to adjust to LPR status. K-1 is one alternative; many couples instead marry abroad and pursue the IR-1/CR-1 spouse visa.
Form I-864 is a legally binding contract in which the U.S. citizen / LPR petitioner promises to financially support the immigrant at 125% of the federal poverty guidelines. If the petitioner's income is insufficient, a joint sponsor may be added. The obligation lasts until the immigrant becomes a citizen, works 40 quarters, or leaves the U.S. permanently.
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