Family-Based Green Card

Introduction: Reuniting Families Through Lawful Immigration

The cornerstone of the U.S. immigration system rests on the principle of family unity. Under federal immigration law, U.S. citizens and lawful permanent residents (LPRs) are afforded the legal right to petition for specific family members to immigrate to the United States and obtain green cards. This avenue—known as family-based immigration—not only reflects national values but also serves as one of the most utilized and enduring legal pathways to permanent residency.

At OCHOA PLLC, our legal services are dedicated solely to immigration law. We provide structured, detail-oriented, and policy-aware representation for individuals and families navigating the procedural and evidentiary demands of family-based green card petitions. From the filing of Form I-130 to the final adjustment of status or consular interview, we offer clarity, accuracy, and respect for the relationships at the heart of each case.

Understanding Family-Based Immigration: A Legal Framework

Family-based immigration refers to the statutory process by which U.S. citizens and green card holders may petition for certain relatives to obtain lawful permanent resident (LPR) status. The legal authority for this process is grounded in the Immigration and Nationality Act (INA) and is administered by U.S. Citizenship and Immigration Services (USCIS) in collaboration with the Department of State (DOS).

There are two main categories of family-based immigrant visas:

1. Immediate Relatives of U.S. Citizens
2. Family Preference Categories

Each category carries specific legal definitions, petitioning requirements, and—critically—wait times based on annual visa allotments and per-country quotas.

Who May Sponsor a Family-Based Immigrant?

The eligibility of the petitioner—the U.S. citizen or lawful permanent resident—is essential to initiating the process.

U.S. Citizens May Sponsor:

• Spouses
• Unmarried children under 21
• Parents (if the citizen is over 21)
• Unmarried adult children (21 and older)
• Married children
• Siblings (if the citizen is over 21)

Lawful Permanent Residents (Green Card Holders) May Sponsor:

• Spouses
• Unmarried children (any age)

LPRs cannot sponsor parents, married children, or siblings. These distinctions significantly impact not only eligibility, but also processing times and visa availability under the Visa Bulletin.

Immediate Relatives vs. Family Preference Categories

Immediate Relative (IR) Immigrant Visas

Immediate relative categories are not subject to annual numerical caps, meaning visas are always available. This facilitates faster processing and adjudication.

Qualifying relationships:

• Spouse of a U.S. citizen
• Unmarried child under 21 of a U.S. citizen
• Parent of a U.S. citizen (petitioner must be 21+)

Because there are no quotas, once the I-130 is approved, the applicant may proceed immediately to adjustment of status or consular processing if otherwise eligible.

Family Preference Immigrant Visas

These categories are subject to annual limits and per-country caps, which means many applicants face extended wait times before they can proceed.

Family preference categories include:

Priority dates in these categories are determined by the filing date of Form I-130 and must be current on the Visa Bulletin before applicants can proceed with the next step.

Forms and Supporting Documentation for Family-Based Green Cards

The family-based immigration process requires multi-stage legal filings, each with its own evidentiary standards and procedural deadlines.

Key Forms Include:

• Form I-130 – Petition for Alien Relative
  Filed by the petitioner to establish the qualifying family relationship.

• Form I-485 – Application to Adjust Status
  Filed by beneficiaries physically present in the U.S. when the priority date is current.

• Form DS-260 – Immigrant Visa Application
  Used for consular processing abroad via a U.S. embassy or consulate.

• Form I-864 – Affidavit of Support
  A financial undertaking by the petitioner (and any joint sponsors, if required) to demonstrate that the beneficiary will not become a public charge.

• Form I-765 / I-131 – Employment Authorization / Advance Parole
  Optional forms filed alongside the I-485 for applicants adjusting status in the U.S., allowing for lawful work and travel while the green card is pending.

Supporting Evidence May Include:

• Birth and marriage certificates
• Divorce or death certificates (if applicable)
• Proof of U.S. citizenship or LPR status (passport, naturalization certificate, green card)
• Proof of bona fide marital relationship (for spouses)
• Tax returns, W-2s, and pay stubs (for affidavit of support)
• Passport-style photographs
• Immigration history records, if applicable

Each form and piece of evidence must be submitted with proper formatting, translations, and certifications. At OCHOA PLLC, we conduct pre-filing audits and curate submissions to USCIS or the National Visa Center (NVC) to prevent delays, RFEs, or denials.

Adjustment of Status vs. Consular Processing

Adjustment of Status (AOS)

Available to beneficiaries physically present in the U.S. with lawful entry, who are eligible to remain in the country while their green card application is adjudicated.

Benefits include:

• No need to leave the U.S. for an interview
• Simultaneous filing of I-130 and I-485 if priority date is current
• Eligibility for work and travel authorization while pending

Consular Processing

Required for beneficiaries outside the United States or those ineligible for adjustment. The process involves:

• USCIS approval of Form I-130
• Transfer to the National Visa Center (NVC)
• Visa interview at the U.S. consulate in the beneficiary’s country

Each path has different timing considerations, and some cases may require waivers depending on prior immigration violations or inadmissibility grounds.

Legal Considerations and Potential Issues

Family-based immigration, though conceptually straightforward, is often affected by:

• Marriage fraud scrutiny in spousal petitions
• Document authenticity concerns
• Inadmissibility issues, including unlawful presence, misrepresentation, or criminal history
• Affidavit of Support insufficiency
• Changes in petitioner’s immigration status mid-process (e.g., naturalization)

Legal representation ensures proactive identification and resolution of such challenges. We assess the legal landscape of each case in detail and build a strategy aligned with immigration policy and practice trends.

Conclusion

Family-based immigration reflects the human side of immigration law—uniting spouses, parents, children, and siblings under a legal framework that prioritizes connection and stability. While the process may vary depending on the sponsor’s status and the type of relationship, it always requires diligence, accuracy, and regulatory knowledge.

At OCHOA PLLC, we handle family-based green card matters with precision, integrity, and an unwavering commitment to the successful unification of families. From initial petitions to final interviews, we approach each case with legal rigor and profound respect for the family ties at stake.