Under U.S. immigration law, either a U.S. citizen or a permanent resident (green card holder) have the right to let certain foreign-born family members immigrate to the United States. This however, is not instant, a length of time is needed.
You will need to start the process by proving your family relationship. If you are not “immediate relatives,” your family members will have to wait until a visa (green card) is available in their category, which will take months or years.
Family-based immigration allows US citizens and Green Card holders to help close relatives move to the United States and seek lawful status. The process begins when you file Form I-130, Petition for Alien Relative, to establish that a real family relationship exists. Once that petition is approved, the next steps depend on where your relative lives and what category applies to them.
If your family member lives outside the country, their case will go through consular processing at a US embassy or consulate. If they already live in the US, they may apply for adjustment of status to become a lawful permanent resident without leaving the country.
Our attorneys can guide your family through each stage of this process, help you collect supporting documents, and prepare you for any required interviews. We can also monitor your case to prevent delays and keep you up-to-date from start to finish so you can make timely, informed decisions.
There are two groups of family-primarily based migrant visa categories:
These visa types are based on a close family relationship with a United States (U.S.) citizen described as an Immediate Relative. The number of immigrants in these categories is not limited each fiscal year. Immediate relative visa types include: Husband or Wife of a U.S. Citizen; Unmarried Child Under 21 Years of Age of a U.S. Citizen; Orphan adopted abroad by a U.S. Citizen; Orphan to be adopted in the U.S. by a U.S. citizen; and Parent of a U.S. Citizen who is at least 21 years old.
These visa types are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). There are fiscal year numerical limitations on family preference immigrants, shown at the end of each category. The family preference categories are: Family First Preference: Unmarried sons and daughters of U.S. citizens, and their minor children, if any; Family Second Preference: Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters; Family Third Preference: Married sons and daughters of U.S. citizens, and their spouses and minor children; Family Fourth Preference: Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age.
Note: Grandparents, aunts, uncles, in-laws, and cousins cannot sponsor a relative for immigration.
As you will see on the pages contained on this website, the application process for family-based immigration is summarized as follows. The family member that qualified to be a sponsor will need to take multi-step application process.
First, the U.S. Citizen or Permanent Resident files visa petition. This is to prove your interest in helping your immediate family or preference relative to immigrate. Next, if filing through one of the preference categories, you will be on a waiting list and given what is known as a priority date. Please note that the priority date is for the preference categories only, the four categories where only limited numbers of immigrant visas are given out each year. That applies to almost everyone except the immediate relatives of U.S. citizens and certain highly qualified workers.
Second, if the U.S. Citizenship and Immigration Services (“USCIS”) makes a favorable decision on the visa petition, it will forward the immigrant’s case file to the National Visa Center (NVC) for further processing. At this time the immigrant should submit an application for permanent residence. This can be typically done by applying for an immigrant visa at a U.S. consulate outside the United States.
Family immigration rules depend on your status and relationship to the person you wish to sponsor. US citizens can petition for their spouses, unmarried children under 21, parents, and siblings. Green Card holders can petition for spouses or unmarried children.
Each category involves different wait times, and visa availability often depends on the applicant’s home country. Immediate relatives of US citizens are not subject to annual visa limits, so their cases are often processed more quickly. Other family members fall under family preference categories that require applicants to wait for visas to become available.
Our attorneys can explain which category fits your situation and what to expect in terms of timing and eligibility. We’ll also review your documents, confirm that you meet all filing requirements, and identify any issues that could delay your case.
There are several different options for family immigration, each designed for specific types of relationships or situations. Our lawyers help families choose the right visa types, prepare all the necessary documentation, and stay on track throughout the process. Below are the most common types of family immigration matters we handle for clients seeking to bring loved ones to the United States:
K-1 Fiancé(e) Visas: These visas allow foreign nationals engaged to US citizens to enter the United States for marriage. After a marriage takes place within 90 days of arrival, foreign spouses can apply for Green Cards. We guide clients through every step of this process, from gathering proof of genuine relationships to preparing for embassy interviews. Our goal is to ensure your paperwork meets all requirements and your case moves forward without unnecessary delays.
K-3 Spouse Visas: K-3 visas can shorten long separations between married couples. They allow foreign spouses of US citizens to enter the United States while waiting for Green Card approval. Our attorneys help couples determine whether a K-3 visa or a direct Green Card application offers the faster or more practical route. We can also prepare petitions, communicate with US immigration authorities, and track your case progress until everything is finalized.
CR-1 and IR-1 Marriage-Based Green Cards: If you’re a US citizen, you can petition for your spouse to obtain permanent resident status through either the CR-1 (conditional) or IR-1 (immediate relative) Green Card category. The difference depends on how long you have been married when the visa is issued. Our lawyers can help you by collecting and organizing supporting records, handling communication with the National Visa Center, and preparing you for interviews. We stay involved in your case until your spouse’s status is secure.
Visas for Parents and Children: Family immigration options also extend to parents and children of US citizens and Green Card holders. Each relationship category involves different forms, timelines, and eligibility rules. We can review every detail of your family’s situation to identify the right path, taking into account factors like children’s ages and the documentation requirements for parents living outside of the US. Our team handles both I-130 petitions and later adjustment or consular processing stages.
Consular Processing and Adjustment of Status: Family members abroad can complete the immigration process through consular processing, which involves an interview at a US embassy or consulate. Relatives already in the United States may apply for adjustment of status to become permanent residents without leaving the country. We can help you determine which option fits your circumstances, manage correspondence with US agencies, and complete every stage of the filing process in an accurate and timely manner.
Many Chicagoland families encounter delays or denials in their immigration cases due to problems with paperwork, background checks, or earlier immigration issues. Our lawyers can help you regain control after these types of setbacks by reviewing every detail of your case and developing practical solutions. You can count on us to identify the source of the problem, gather the records that immigration authorities require, and make sure your documentation is complete and consistent.
If the government denies your petition or visa, we can determine whether you can appeal, file a motion to reopen, or request a waiver. We’ll help you explore every available option so you can decide what makes sense for your situation. Our team can also handle all communication with immigration agencies to prevent new delays and keep your case active. Whether you face a request for more evidence or a full denial, we’re here to help you strengthen your case and keep your options open.
Families trust our law firm to handle their immigration cases because we treat every case as if it were our own. Several members of our team have gone through the immigration process themselves, so we understand both the legal steps involved and the emotional toll that uncertainty can bring. That perspective drives how we approach every matter we handle. We’ll listen carefully, explain your options in plain language, and stay responsive from the moment you contact us until your case is complete.
Our law firm handles all types of family-based immigration cases in the Chicagoland area, including those that involve complex relationships and long-distance coordination. With offices in Illinois, Arizona, Texas, and Vietnam, and staff fluent in multiple languages, we have the resources to help families across the world connect. We also anticipate problems before they occur, so you can avoid surprises. You can rely on our lawyers to give your case the focus and dedication it deserves.
If you want to bring your loved one to the US or come here to the Chicagoland area with your family, the right legal guidance can make all the difference. Family-based immigration is a complex process that calls for careful attention. Gambacorta Law is here to walk you through it. We provide free consultations online or in person at our Illinois office. When you’re ready to get started, contact us to arrange your initial case review with one of our seasoned immigration attorneys.
