Family Based Immigration

At Voloshko Law Office, PC in Walnut Creek, CA, our immigration attorneys help U.S. citizens and lawful permanent residents petition to bring family members to the United States throughout the Bay Area, including Alameda, Contra Costa, Santa Clara, San Francisco, and San Mateo counties. We speak English, Spanish, Romanian, and Russian.

1. Overview of Family Based Immigration

Family based immigration allows U.S. citizens and lawful permanent residents (LPRs) to sponsor certain foreign national relatives to obtain permanent residence (a green card). There are two main pathways:

   •    Immediate Relative category: No annual visa cap; visas are always immediately available.

   •    Family Preference categories: Subject to annual numerical limits; applicants wait for a visa to become available based on their priority date.

2. Immediate Relatives of U.S. Citizens

Immediate relatives receive priority and face no visa backlogs. This category includes:

   •    Spouses of U.S. citizens

   •    Unmarried children under 21 of U.S. citizens

   •    Parents of U.S. citizens (petitioner must be at least 21 years old)

3. Family Preference Categories

These categories are subject to annual limits and may require waiting for visa availability:

   •    F1: Unmarried sons and daughters (21 or older) of U.S. citizens

   •    F2A: Spouses and children (under 21) of lawful permanent residents

   •    F2B: Unmarried sons and daughters (21 or older) of lawful permanent residents

   •    F3: Married sons and daughters of U.S. citizens

   •    F4: Brothers and sisters of adult U.S. citizens

4. The Petition Process

Step 1: File Form I-130 (Petition for Alien Relative)

   •    The U.S. citizen or LPR sponsor files Form I-130 with USCIS to establish the qualifying family relationship.

   •    Supporting documents include proof of the petitioner's citizenship or LPR status and evidence of the family relationship (e.g., marriage certificate, birth certificate).

Step 2: Wait for Visa Availability

   •    Immediate relatives do not need to wait — a visa is available once the I-130 is approved.

   •    Family preference applicants must wait until their priority date becomes current according to the State Department's monthly Visa Bulletin.

Step 3: Apply for a Green Card

Once a visa is available, the beneficiary can apply for permanent residence through one of two methods:

   •    Adjustment of Status (Form I-485): If the beneficiary is already in the U.S. and eligible.

   •    Consular Processing: If the beneficiary is abroad, through a U.S. embassy or consulate.

Step 4: Biometrics and Interview

   •    USCIS or the U.S. consulate will schedule a biometrics appointment and an in-person interview to verify eligibility.

Step 5: Receive a Decision

   •    If approved, the beneficiary receives their green card or an immigrant visa to enter the U.S.

5. Financial Sponsorship Requirements

   •    The petitioner must file an Affidavit of Support (Form I-864) to demonstrate they can financially support the beneficiary at 125% of the federal poverty level.

   •    A joint sponsor may be used if the petitioner does not meet the income requirement.

6. Processing Times

   •    Immediate relatives: I-130 approval typically takes 8–14 months; the overall process can take 1–2 years.

   •    Family preference categories: Processing times vary significantly by category and country of birth, often ranging from several years to over a decade for heavily oversubscribed categories.

7. Common Challenges

   •    Inadmissibility grounds (e.g., prior immigration violations, criminal history) — waivers may be available.

   •    Proving the bona fide nature of a marriage for spousal petitions.

   •    Long wait times for family preference categories, especially for applicants from high-demand countries.

Contact Voloshko Law Office, PC at (925) 705-9796 or schedule a consultation to speak with a family based immigration attorney in Walnut Creek, CA.