Family Immigration and Bringing Loved Ones to the U.S.
Bringing loved ones to the United States is a life-changing step, and family immigration is one of the most common ways people obtain lawful status. At The Torres Attorneys, we know how important it is to reunite families and make the process as smooth as possible.
Family immigration involves more than just filing paperwork—it requires a deep understanding of eligibility requirements, legal processes, and potential obstacles. As an experienced immigration lawyer in Texas, our goal is to guide you through each stage so you feel informed and confident.
Whether you're looking to sponsor a spouse, child, parent, or sibling, the process can vary depending on the relationship and immigration category. We serve families in Corpus Christi, Dallas, and Fort Worth, helping them understand the steps needed to secure legal status for their loved ones.
What Is Family-Based Immigration?
Family-based immigration allows U.S. citizens and lawful permanent residents (LPRs) to petition for certain relatives to live and work in the United States with the help of an immigration lawyer. There are two primary categories: immediate relatives and family preference immigrants.
Immediate Relatives
This category applies to close family members of U.S. citizens, and there is no cap on the number of visas issued each year. Immediate relatives include:
Spouses of U.S. citizens: A U.S. citizen can petition for their foreign-born spouse to obtain a green card. Marriage-based petitions require strong evidence to prove a bona fide relationship, including shared financial documents, photographs, and affidavits from friends and family.
Unmarried children under 21 of U.S. citizens: If a U.S. citizen has a child under 21 who was born outside the U.S., they can apply for their child to receive permanent residency. The process involves providing proof of the parental relationship, such as birth certificates and legal guardianship documents.
Parents of U.S. citizens (if the petitioner is at least 21 years old): A U.S. citizen who is at least 21 can sponsor their parents for green cards. This requires proof of the parent-child relationship and meeting financial sponsorship requirements to show the parent will not become a public charge.
Family Preference Categories
Unlike immediate relatives, family preference categories have annual visa limits. These categories include:
Unmarried adult children (21 or older) of U.S. citizens: U.S. citizens can petition for their unmarried children over 21, but due to annual visa caps, wait times can extend for years. It’s important to check the Visa Bulletin for updated processing times.
Spouses and unmarried children (any age) of LPRs: Green card holders can petition for their spouse and unmarried children to join them in the U.S. However, unlike immediate relatives of U.S. citizens, these cases are subject to visa quotas, which may lead to long processing times.
Married children of U.S. citizens: While U.S. citizens can sponsor their married children, these cases have significantly longer wait times due to preference category limits. The visa petition must include proof of the parent-child relationship and the child’s marriage certificate.
Siblings of U.S. citizens (if the petitioner is at least 21 years old): A U.S. citizen who is 21 or older can petition for their siblings, but this category often experiences some of the longest wait times. Depending on the country of origin, the process can take decades.
Because visa availability varies by category, wait times can differ significantly. Understanding where your loved one falls within these categories is an important first step.
Petitioning for a Family Member
Filing a petition with an immigration lawyer in Texas is the first official step in bringing a family member to the U.S. This requires submitting Form I-130, Petition for Alien Relative, to U.S. Citizenship and Immigration Services (USCIS).
Key steps in the petition process:
Submitting Form I-130 along with supporting documents: The petitioner must provide evidence of the qualifying relationship, including birth certificates, marriage certificates, and proof of continuous communication. In marriage-based petitions, it’s important to include evidence such as joint financial statements, photos from family gatherings, and affidavits from friends or relatives who can attest to the relationship’s authenticity. Missing or insufficient documentation can result in delays or denials, making it essential to compile a strong application package.
USCIS reviewing the petition and issuing an approval or request for more information: Once the petition is submitted, USCIS reviews the case and may request additional evidence if the provided documents do not clearly establish the qualifying relationship. This request, known as a Request for Evidence (RFE), requires the petitioner to submit further proof, such as additional photos, travel itineraries, or correspondence records. If the evidence is deemed satisfactory, the petition moves forward to the next stage.
If approved, the petition moves to the National Visa Center (NVC) for processing: The NVC helps make sure that all necessary documents and fees are submitted before forwarding the case to the appropriate U.S. embassy or consulate. This step includes submitting an Affidavit of Support (Form I-864), which proves the petitioner meets financial requirements to support the immigrant family member. The NVC also requires submission of civil documents such as police clearance certificates and prior immigration records, if applicable.
If the family member is outside the U.S., they must apply for a visa at a U.S. consulate: This involves consular processing, where the beneficiary attends an interview at a U.S. embassy or consulate. During the interview, the consular officer reviews all submitted documents, asks questions to verify the legitimacy of the relationship, and assesses the applicant’s admissibility. Common interview topics include details about the petitioner’s background, financial status, and daily interactions with the beneficiary. If the consular officer is satisfied with the responses and documentation, they will approve the visa, allowing the family member to enter the U.S.
If inside the U.S., they may be eligible to adjust their status through Form I-485: Adjustment of status allows eligible applicants to obtain a green card without leaving the U.S., but they must have entered legally and meet admissibility requirements. During this process, applicants must undergo biometrics collection, submit to a medical examination, and attend an adjustment of status interview with USCIS.
The petitioning process can take months or even years, depending on the category and visa availability. Having an experienced immigration lawyer in Texas can help you avoid delays, prepare the strongest possible case, and stay informed about any legal updates that may affect your petition.
Adjustment of Status vs. Consular Processing
Once a visa is available, the next step is obtaining lawful permanent residence (a green card). This can happen through adjustment of status or consular processing.
Adjustment of Status
This process applies to individuals already in the U.S. who are eligible to apply for a green card without leaving the country. Requirements include:
A pending or approved I-130 petition: This confirms the applicant has a qualifying family relationship with the petitioner. The petition serves as the foundation for the immigration process, providing evidence of the relationship between the sponsor and the applicant. It must be approved before moving to the next step in the adjustment of status process.
Lawful entry into the U.S.: Generally, applicants must have entered with a valid visa or parole. This means that they were inspected and admitted or paroled into the country by a U.S. immigration officer. Individuals who entered without inspection may not be eligible for adjustment of status unless they qualify for an exception or obtain a waiver.
No bars to adjustment (such as certain criminal convictions or immigration violations): Those with prior unlawful presence or specific criminal records may need a waiver before applying. Some criminal offenses, fraud, or previous deportation orders could impact eligibility, requiring legal assistance to explore available waivers or other legal remedies.
Adjustment of status is generally a preferred option since it allows applicants to remain with their families while their case is processed. It also provides benefits such as the ability to apply for work authorization (EAD) and, in some cases, advance parole, which permits international travel while the application is pending.
Consular Processing
For family members outside the U.S., consular processing is required. This means:
Attending a visa interview at a U.S. embassy or consulate: The interview is a crucial step where the applicant must provide all required documentation and answer questions about their eligibility. The consular officer will assess whether the applicant meets all requirements for the visa category and if there are any grounds of inadmissibility.
Providing required medical exams and background checks: All applicants must undergo medical examinations by authorized physicians and pass security screenings. The medical examination makes sure that the applicant does not have any health conditions that could pose a public health risk, while background checks verify the individual’s history to rule out security concerns or prior immigration violations.
Waiting for visa approval before entering the U.S.: Processing times can vary based on country and embassy workload. After the interview, if the visa is approved, the applicant will receive instructions on how to enter the U.S. with their immigrant visa. If additional administrative processing is needed, it can result in delays, so it’s essential to submit a thorough and accurate application.
While consular processing is necessary for many applicants, it requires careful planning to avoid issues that could delay or jeopardize the case. Preparing well in advance, assuring all required documents are accurate, and being ready for the interview can make the process smoother and increase the chances of a successful outcome.
Call an Immigration Lawyer Today
Family immigration is one of the most meaningful ways to bring loved ones together, but the process requires patience and careful planning. Whether you're sponsoring a spouse, child, or parent, understanding the eligibility requirements and legal steps can make all the difference. At The Torres Attorneys, we help families in Corpus Christi, Dallas, and Fort Worth with every stage of the immigration process. If you're looking for an immigration lawyer in Texas, call us.