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Law Offices of
Shawn Sedaghat

Practice Area

Family Petitions

Written by Shawn S. Sedaghat — California Bar #188763, admitted 1997. Last reviewed: June 2026.

Family-Based Immigration Petitions (I-130) and Visa Categories

Family-based immigration is the primary path to U.S. permanent residence for spouses, children, parents, and siblings of U.S. citizens, and for spouses and children of lawful permanent residents. The petition begins with Form I-130. Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) have no visa caps and the shortest waits. Other categories are subject to the monthly Visa Bulletin. The Law Offices of Shawn S. Sedaghat has 30+ years of experience filing every category of family-based petition. Call (818) 382-3333 for a free consultation.

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Overview

  • I-130 Petition for Alien Relative is the foundation of every family-based green card
  • Immediate relatives (spouse, parents, unmarried children under 21 of U.S. citizen): no visa caps, no waiting list
  • F1, F2A, F2B, F3, F4 preference categories: subject to monthly Visa Bulletin and country backlogs
  • Consular processing (if relative is abroad) or adjustment of status (if relative is in U.S.)
  • K-1 fiancé and K-3 spouse visas as non-immigrant intermediate options

Eligibility Requirements

  • Immediate Relative: Spouse, unmarried child under 21, or parent (parent only if U.S. citizen is 21+) of a U.S. citizen
  • F1: Unmarried son or daughter (21+) of U.S. citizen
  • F2A: Spouse or unmarried child (under 21) of a lawful permanent resident
  • F2B: Unmarried son or daughter (21+) of a lawful permanent resident
  • F3: Married son or daughter of U.S. citizen
  • F4: Sibling of a U.S. citizen (U.S. citizen must be 21+)

Our Process

I-130 Filing

U.S. citizen or LPR files Form I-130 with USCIS, documenting the qualifying relationship (marriage certificate, birth certificates, naturalization documents).

I-130 Approval

USCIS adjudicates the I-130. Typical decision: 6-18 months depending on category and service center.

Visa Bulletin Wait (preference categories only)

Once I-130 is approved, the beneficiary waits for their priority date to become current on the monthly DOS Visa Bulletin. Immediate relatives skip this step.

Consular Processing OR Adjustment of Status

If beneficiary is abroad, NVC processes the case and schedules a consular interview. If beneficiary is in U.S. with valid status, file I-485 adjustment of status.

Visa Stamping or Green Card Issuance

Approved beneficiary receives an immigrant visa stamp (consular) or green card mailed to U.S. address (adjustment).

Document Checklist

Form I-130 with supporting documentation
Proof of U.S. citizen or LPR status of the petitioner (birth certificate, passport, naturalization certificate, or green card)
Proof of qualifying relationship (marriage certificate, birth certificate)
Photographs and joint-relationship evidence (for spouse petitions)
Medical examination and police clearances (at I-485 or consular stage)
Beneficiary's passport biographic page
Beneficiary's birth certificate (with certified translation if foreign)
Beneficiary's prior immigration records, if any
Affidavit of Support (Form I-864) from petitioner showing ability to support beneficiary at 125% of poverty guidelines

Key Benefits

  • Path to lawful permanent residence for qualifying family members
  • Eventual U.S. citizenship after 5 years (3 years for spouses of U.S. citizens)
  • Derivative children included for most preference categories (spouse petitions also cover unmarried minor children)
  • Concurrent I-130 + I-485 filing for immediate relatives (saves months)

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.

Questions About Your Case?

Every immigration case is unique. Let our experienced attorneys evaluate your specific situation and recommend the best path forward.
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18751 Ventura Blvd #200, Tarzana, CA 91356
(818) 382-3333

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