Family based immigration starts with a relative who is a United States citizen or a lawful permanent resident filing a petition for you. What happens next depends almost entirely on two things: how close the relationship is, and whether your relative is a citizen or a resident.
Immediate relatives
Spouses, parents, and unmarried children under twenty-one of United States citizens are treated as immediate relatives. There is no waiting line for a visa in this category, which makes these the fastest family cases. They are not automatic, though, and they still involve a substantial amount of proof.
Preference categories
Everyone else falls into a preference category with a limited number of visas each year, which is where the waiting comes from. That includes adult children of citizens, brothers and sisters of citizens, and the spouses and unmarried children of permanent residents. Waits in some of these categories are measured in years, and they move at different speeds depending on which country you were born in.
Adjusting status or consular processing
- If you are already in the United States and eligible, you may be able to finish the case here by adjusting status, without leaving.
- If you are abroad, or not eligible to adjust, the case finishes at a United States consulate in your home country.
This choice is one of the most important in the whole case, because leaving the United States after certain periods of unlawful presence can trigger a bar on returning. Never book a consular appointment without knowing whether that applies to you.
Marriage cases and the interview
Marriage based cases come with an interview, and the officer is looking at whether the marriage is real. That means joint leases, shared bank accounts, insurance, photographs over time, and people who know you both. We help you gather that record and prepare for the questions, which are more ordinary than most people expect.
Problems that have solutions
Prior removal orders, unlawful presence, certain criminal history, and old immigration filings can all complicate a family case. Several of these have waivers available. Bring us the whole history, including the parts you are worried about, so we can look for the fix.
The forms are only part of this. Getting the category right, filing in the correct order, and knowing what not to do while a case is pending is what keeps a family case moving.