Immigration Law

Family-Based Immigration

Keeping Families Together

Petitions, waivers, and processing for spouses, children, parents, and fiancé(e)s — inside the United States and at consulates abroad.

Family petitions

Every relationship has its own route

Family-based immigration follows the relationship. An immediate relative of a U.S. citizen moves without a waiting line, while a preference category depends on the petitioner’s status, the age and marital status of the beneficiary, and the visa bulletin.

BIRG LAW maps the relationship to the right petition, chooses between adjustment of status and consular processing, and prepares any waiver the case needs before it is filed rather than after a denial.

Who this guide is for

Spouses of U.S. citizens and green card holders
Children and parents of U.S. citizens
Fiancé(e)s planning to marry in the United States
Families facing inadmissibility or long separations

Family immigration services

Petitions, waivers and green cards

I-130 K-1

Family petitions

I-485 Consular Processing

Filing routes

I-601 Humanitarian Parole

Waivers and humanitarian relief

N-400

Citizenship

See Full List of Visas →

On This Page

I-130 K-1

Family petitions

I-485 Consular Processing

Filing routes

I-601 Humanitarian Parole

Waivers and humanitarian relief

N-400

Citizenship

See Full List of Visas →

Sponsorship

Family petitions

The petition filed by a U.S. citizen or a green card holder that establishes the qualifying family relationship.

I-130

Petitions for Spouses, Children and Parents

The petition that establishes a qualifying family relationship.

Overview

Form I-130 establishes the family relationship a green card is built on. Spouses, minor children, and parents of U.S. citizens are immediate relatives and are not held back by annual quotas; other relatives fall into preference categories with waiting times set by the visa bulletin.

The category depends on the petitioner's status and on the age and marital status of the beneficiary, so the same family can have very different timelines depending on which petition is filed and when.

Relationships handled by the firm

Spouses of U.S. citizens.
Spouses of green card holders.
Minor children of U.S. citizens, under 21 and unmarried.
Minor children of green card holders, under 21 and unmarried.
Unmarried adult children of U.S. citizens.
Married adult children of U.S. citizens.
Unmarried adult children of green card holders.
Parents of U.S. citizens.

K-1

Fiancé(e) Visa

Enter the United States to marry a U.S. citizen within 90 days.

Overview

The K-1 allows the fiancé(e) of a U.S. citizen to enter the United States in order to marry within 90 days of arrival and then apply for a green card through adjustment of status. Qualifying children of the fiancé(e) may accompany them in K-2 status.

What the case needs

A U.S. citizen petitioner and a genuine intention to marry.
Evidence that both parties are legally free to marry.
Proof of having met in person within the required period, or a waiver of that requirement.
A medical examination and a consular interview abroad.
Marriage within 90 days of entry, followed by adjustment of status.

Where the case is decided

Filing routes

The same approved petition can be completed inside the United States or at a consulate abroad, and the choice changes both the timeline and the risk.

I-485

Adjustment of Status

Complete the green card process without leaving the United States.

Overview

Adjustment of status lets an applicant who is already in the United States move to permanent residence without travelling abroad. It is usually filed together with work and travel authorization, so the applicant can keep working and, once the travel document is issued, leave and return while the case is pending.

What the case involves

An approved or concurrently filed family petition and an available visa number.
A lawful entry and eligibility to adjust status in the United States.
A medical examination, an affidavit of support, and the supporting civil documents.
Work and travel authorization filed alongside the application where appropriate.
An interview at the local USCIS office in most family cases.

Consular Processing

Immigrant visa interviews at a U.S. embassy or consulate abroad.

Overview

When the beneficiary is outside the United States, or is not eligible to adjust status, the approved petition moves to the National Visa Center and then to a U.S. embassy or consulate. The applicant completes the immigrant visa application, the medical examination, and the interview abroad, and enters the United States as a permanent resident.

What to expect

Fee payment, civil documents, and the affidavit of support at the National Visa Center.
Scheduling of the interview once the case is documentarily qualified.
A medical examination with an approved panel physician.
An interview at the embassy or consulate, and entry as a permanent resident on approval.

Inadmissibility and urgent cases

Waivers and humanitarian relief

A ground of inadmissibility or an emergency does not have to end a family case.

I-601

Waivers of Inadmissibility

Waivers under Forms I-601 and I-601A for unlawful presence and other grounds.

Overview

A ground of inadmissibility — unlawful presence, certain misrepresentations, some criminal history, or a health-related finding — can block an otherwise strong family case. A waiver asks the government to excuse that ground, usually on proof of extreme hardship to a qualifying U.S. citizen or permanent resident relative.

Form I-601A, the provisional waiver, is decided before the applicant leaves the United States, which keeps the separation from the family down to the consular appointment itself.

What the case turns on

A qualifying relative whose hardship can be documented.
Medical, financial, educational, and country-condition evidence of extreme hardship.
A clear and complete record of the ground being waived.
The correct choice between the provisional I-601A and the standard I-601.

Humanitarian Parole

Temporary entry for urgent humanitarian reasons while a family case is pending.

Overview

Humanitarian parole allows a family member to enter or remain in the United States temporarily for an urgent humanitarian reason or a significant public benefit, outside the normal visa process. It is discretionary, time-limited, and entirely evidence-driven.

Typical uses

Urgent medical treatment that cannot wait for a visa.
Care for a seriously ill relative in the United States.
Reunification while a petition or a waiver is pending.
Emergencies arising from conditions in the home country.

The final step

Citizenship

Naturalization closes the process that a family petition opened.

N-400

Naturalization

Apply for U.S. citizenship after the required period as a permanent resident.

Overview

Most permanent residents may apply for naturalization after five years, or after three years when the green card came through marriage to a U.S. citizen and the marriage continues. The application covers residence and physical presence, good moral character, English and civics, and the oath of allegiance.

What the case involves

The required period as a permanent resident, with continuous residence and physical presence.
Good moral character over the statutory period.
English and U.S. civics testing, unless an exemption applies.
A biometrics appointment, an interview, and the oath ceremony.

Not sure which family petition fits?

Compare categories, waiting times, and the risk of leaving the country through the BIRG Method.

Direct index

Compare all services

Jump directly to any topic in this Family Immigration guide.

I-130 · Petitions for Spouses, Children and Parents

K-1 · Fiancé(e) Visa

I-485 · Adjustment of Status

Consular Processing

I-601 · Waivers of Inadmissibility

Humanitarian Parole

N-400 · Naturalization

See Full List of Visas →

This page is general information about immigration options and is not legal advice.