What is Family-Based Immigration?

Family-based immigration is a process through which U.S. citizens and permanent residents (green card holders) can sponsor certain family members to immigrate and obtain permanent residency in the U.S. This process is one of the main immigration pathways to the U.S., promoting family reunification.

Who can apply?

U.S. citizens can sponsor the following relatives:

• Spouse (including same-sex marriages)

• Unmarried children under 21 years old

• Married children of any age

• Parents (if the sponsor is at least 21 years old)

• Siblings (if the sponsor is at least 21 years old)

Permanent residents (green card holders) can sponsor:

• Spouse (including same-sex marriages)

• Unmarried children of any age

What are the eligibility criteria for Family-Based Immigration?

To sponsor a relative, the sponsor must:

• Be a U.S. citizen or legal permanent resident (green card holder).

• Prove the family relationship with the beneficiary through documents such as birth certificates, marriage certificates (including same-sex marriages), and other relevant documents.

• File a Form I-130 with the U.S. Citizenship and Immigration Services (USCIS).

• Demonstrate financial ability to support the relative, meeting the government’s minimum income requirements through Form I-864 (Affidavit of Support).

How does the Family-Based Immigration process work?

The process generally begins with the submission of Form I-130 by the sponsor, which establishes the family relationship between the sponsor and the beneficiary. After the I-130 is approved, the process may vary depending on where the beneficiary is located:

• If the beneficiary is in the U.S.: They may apply for Adjustment of Status to obtain a green card without leaving the country.

• If the beneficiary is outside the U.S.: The case will be sent for consular processing, where the beneficiary will apply for an immigrant visa and, after approval, enter the U.S. as a permanent resident.

What are the family preference categories?

Family-based immigration is divided into preference categories, which determine processing priority and waiting times:

• First Preference (F1): Unmarried children of U.S. citizens.

• Second Preference (F2A): Spouses and minor children of permanent residents.

• Second Preference (F2B): Unmarried children (21 years or older) of permanent residents.

• Third Preference (F3): Married children of U.S. citizens.

• Fourth Preference (F4): Siblings of U.S. citizens.

DACA and Family-Based Immigration

Individuals who are DACA (Deferred Action for Childhood Arrivals) beneficiaries may face specific challenges when trying to adjust their immigration status. While DACA provides temporary protection from deportation and the ability to obtain work authorization, it does not grant legal status or a direct path to a green card. However, in some cases, DACA beneficiaries married to U.S. citizens may be able to adjust their status through marriage, provided they meet certain requirements, such as lawful entry into the U.S.

Same-Sex Marriage and Immigration

Since the U.S. Supreme Court decision in 2013, same-sex marriages are recognized for immigration purposes. This means same-sex couples have the same rights and protections as heterosexual couples in the family-based immigration process, including the ability to sponsor spouses for green cards and other immigration benefits.

Benefits of Family-Based Immigration

Family-based immigration allows close relatives to live together in the United States. Once the relative obtains permanent residency, they gain the right to live and work in the U.S. and may eventually apply for U.S. citizenship. Additionally, the process provides a legal foundation for family members to establish themselves in the U.S. with legal security and stability.