概述
Family-based immigration is the path that brings family members of U.S. citizens and lawful permanent residents to the United States as permanent residents. It is the largest single source of green cards in the U.S. system, and for many of our clients it works alongside an employment-based path (a U.S.-citizen spouse, a U.S.-citizen parent, an LPR sibling) rather than as the only option. Sequencing matters: a family-based petition that runs in parallel with a pending NIW or EB-1A can change the optimal filing order, the choice between adjustment of status and consular processing, and the realistic green-card date.
The category divides into two main groups. Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents where the citizen is at least 21) have no annual numerical cap and no priority-date wait beyond standard processing time. Family preference categories, which cover adult children of citizens, spouses and unmarried children of LPRs, and siblings of citizens, are subject to annual caps with often substantial priority-date waits, particularly for petitioners from Mexico, the Philippines, India, and mainland China.
Sophie Team handles family-based matters across the full range: spousal cases (including those that intersect with bona-fide-marriage scrutiny), parent and child petitions, sibling petitions where the priority-date wait is measured in years or decades, and adjustment-of-status filings for beneficiaries already in the United States. We pay particular attention to cross-border families with members in multiple countries, to mixed-status households where one spouse is on an employment-based path and the other on family-based, and to cases where prior immigration history (overstays, prior denials, criminal records) requires specialized analysis before the petition is filed.
申請條件
- 01Spouses, unmarried children under 21, and parents of U.S. citizens (immediate-relative category, no annual cap).
- 02Adult unmarried sons and daughters of U.S. citizens, where the priority-date wait is governed by the F1 family-preference category.
- 03Spouses and unmarried children of lawful permanent residents (F2A and F2B family-preference categories).
- 04Adult married sons and daughters of U.S. citizens (F3 family-preference category, with longer priority-date waits).
- 05Siblings of U.S. citizens (F4 family-preference category, with the longest priority-date waits, especially for some countries of birth).
申請流程
- 01
Petition strategy
We begin with a family-relationship review and a candid timing assessment. Immediate-relative cases (spouse, parent, minor child of a citizen) move on standard processing time; family-preference cases run on the visa bulletin and may require years of waiting. Where a beneficiary is in the United States and may also qualify on an employment-based path, we evaluate whether to pursue family-based, employment-based, or both concurrently; sequencing affects work authorization, travel, and the realistic green-card date.
- 02
I-130 petition preparation
The family-based process begins with Form I-130, the petition for alien relative. The filing establishes the qualifying relationship through marriage certificates, birth records, adoption decrees, or other primary documents, with translations where needed. For spousal cases, the filing also documents the bona fides of the marriage: financial commingling, joint residence, joint accounts, photographs, correspondence, and where applicable, evidence of shared family responsibilities.
- 03
Priority-date wait (family-preference cases)
For family-preference categories (F1, F2A/B, F3, F4), an approved I-130 establishes a priority date but does not authorize the beneficiary to immigrate immediately. The beneficiary waits until the priority date becomes current under the monthly visa bulletin. Waits range from months (F2A) to many years (F4 for some countries). We track the bulletin for clients in this position and counsel them on what is realistic and on options to maintain status during the wait.
- 04
Consular processing or adjustment of status
When the priority date is current (or for immediate relatives, after I-130 approval), the beneficiary either adjusts status inside the United States via Form I-485 or completes consular processing at a U.S. embassy abroad. The choice depends on where the beneficiary is, what status they currently hold, and travel and family-logistics considerations. Each path has its own timeline, evidentiary requirements, and interview process.
- 05
Conditional vs. unconditional residence
Spouses who become permanent residents within two years of the marriage receive a conditional green card valid for two years. The conditions are removed by filing Form I-751 in the ninety-day window before expiration, with evidence that the marriage remains bona fide. Where the marriage has ended through divorce, death, or domestic violence, waivers of the joint-filing requirement are available with appropriate documentation. We handle I-751 filings at the same level of care as the underlying I-130.
常見問題
How long does the spouse-of-citizen process take versus spouse-of-LPR?
Spouse of U.S. citizen is an immediate-relative case with no priority-date wait; total processing typically runs around twelve to eighteen months from filing through green card, depending on whether the beneficiary adjusts status inside the United States or processes at a consulate. Spouse of LPR is in the F2A family-preference category, which has historically had a relatively short wait (often current or near-current) but is subject to the visa bulletin. We check current bulletin status at intake.
How long is the wait for a sibling petition?
F4 sibling petitions carry the longest waits in the system. For most countries of chargeability, the wait is well over a decade; for the Philippines, Mexico, and (variably) India and mainland China, the wait can be longer. The petition is still worth filing where the relationship qualifies, because the priority date is locked in at filing and the beneficiary advances through the queue over time, but it is not a near-term path.
Should I consular process or adjust status?
It depends on where the beneficiary is, what status they currently hold, and what their travel and family logistics require. Adjustment of status (I-485) is generally faster for those already in the United States in valid status and avoids the in-person consular interview abroad; consular processing is often the only option for those outside the United States and can be faster for clean cases at certain posts. We assess both paths at intake.
What is the difference between a conditional and an unconditional green card?
When permanent residence is granted on the basis of a marriage less than two years old at the time of approval, the green card is conditional and valid for two years. The conditions are removed by filing Form I-751 in the ninety-day window before expiration, with evidence that the marriage remains bona fide. After conditions are removed, the resident holds an unconditional ten-year green card. Where the marriage has ended, the joint-filing requirement can be waived with appropriate evidence.
Can I pursue family-based and employment-based green cards at the same time?
Yes, and many of our clients do. A pending NIW, EB-1A, or EB-1C can run alongside an I-130 filed by a U.S.-citizen spouse, an LPR family member, or a parent. Where both paths are credible, the sequencing affects work authorization, travel rights, and the realistic green-card date. We assess both at the start and plan a coordinated filing strategy rather than treating them as independent cases.