How Can I Bring My Loved Ones to the United States? A Guide to Family-Based Immigration Petitions.
- Attorney Gonsalves
- Mar 22
- 5 min read
Updated: Mar 25
This article will help you understand how United States Citizens and Lawful Permanent Residents can petition for specific relatives to lawfully immigrate to the United States with the possibility of obtaining a green card.
Introduction
The most common question I receive from clients requiring immigration assistance is: How can I lawfully bring my loved one to the United States? Although the question requires a fact-intensive legal analysis, the solution for most of my clients is the same: Filing a Family-Based Immigration Petition with USCIS.
Family-based immigration petitions are a powerful and complex tool for individuals seeking to reunite with their family members. Understanding eligibility, documentation, and overall procedure assists families in avoiding delays and boosts confidence.
As a reminder, this article is not intended to create an attorney-client relationship, nor should it be considered legal advice. Immigration law is a fact-intensive, complicated, and ever-evolving area of law. If you require immigration assistance, please feel free to contact my office by calling, texting, emailing, or submitting an inquiry on the box located at the homepage of this website: www.Tgonalveslaw.com.
Family-Based Petitions – The Popular Choice.
The New England area is a distinctive hub for immigration activity in the United States with USCIS field offices located in Boston (MA), Hartford (CT), Providence (RI), Manchester (NH), Portland (ME), and St. Albans (VT). These offices handle a broad range of immigration benefits including, but not limited to, family-based petitions, naturalization, and humanitarian relief.
Family-based immigration petitions remain the most popular and common option clients choose when seeking for lawful admission of their loved one. After all, family-based immigration petitions are one of the most powerful pathways to lawful permanent residence in the United States – and the most requested.
United States Citizenship and Immigration Services ("USCIS") is the agency that has exclusive authority to accept, review, and make determinations on family-based applications. USCIS periodically publishes data on the volume and type of applications it receives in a specific quarter. In Quarter 3, from April-June 2025, USCIS reports that it received 4,130 I-130 (“Family-Based”) petitions from New England. Put another way, USCIS received approximately 1,377 family-based petitions monthly within a three-month period from the states that make up the New England region.
What is a Family-Based Immigration Petition?
A family‑based petition is a formal request filed by a U.S. citizen or lawful permanent resident to sponsor an eligible relative for lawful immigration status. Filing the petition does not, by itself, confer any immigration status. Instead, it establishes the qualifying family relationship and assigns the beneficiary to the appropriate immigrant visa category.
Do I qualify to submit a Petition?
USCIS establishes eligibility criteria for who may file a petition and the relatives for whom a petition may be filed. The qualifying relationships include:
United States Citizens may file petitions on behalf of:
A spouse
Unmarried children (under 21)
Unmarried sons and daughters (21 or older)
Married sons and daughters (Any age)
Parents and siblings (if the petitioner is at least 21 years old)
Lawful Permanent Residents may file petitions on behalf of:
A spouse
Unmarried children (under 21)
Unmarried sons and daughters (21 or older)
After the qualifying relationship is established, USCIS assigns the beneficiary to the appropriate immigrant visa category (discussed below).
Immediate Relatives vs. Preference Categories
USCIS determines and classifies the type of relative into preference categories to determine whether a visa is immediately available (i.e., immediate relative category) or whether a visa is subject to annual visa limits and wait times (i.e., preference category).
Immediate Relatives (No Visa Wait Time)
A person can only be classified as an immediate relative if the petitioner is a United States Citizen. The Immigration Nationality Act defines these categories at § 201(b):
Immediate Relatives Include:
IR1/CR1: Spouse of a U.S. Citizen
IR2/CR2: Unmarried child under 21 of a U.S. Citizen
IR5: Parent of a U.S. Citizen (Petitioner must be 21+).
In contrast to family‑preference beneficiaries, an immediate relative is not subject to visa‑number limitations. Put simply, a visa is immediately available to any beneficiary who qualifies as an “immediate relative.
Family-Preference Categories
Unlike an “immediate relative,” a beneficiary in one of the Family‑Preference Categories must wait for a visa to become available. These categories apply to both United States citizens and lawful permanent residents. The length of the wait depends on the beneficiary’s preference category and country of origin. The Immigration and Nationality Act defines the family‑preference system at INA § 203(a).
Family-Preference Categories Include:
United States Citizen can petition under: | o F1: Unmarried sons/daughter (21+) o F3: Married sons/daughters o F4: Siblings (Petitioner must be 21+) |
LPRs can petition under: |
|
Family members falling under this category are subject to annual visa caps and must refer to the Visa Bulletin Board to determine priority dates. The Visa Bulletin Board is updated by USCIS on a monthly basis and indicates whether a visa is available.
What does USCIS Require Me to Prove?
USCIS requires documentary evidence that establishes the petitioner’s immigration status and the qualifying family relationship. Determining what type of documentary evidence to submit is vital to the success of the application.
USCIS has strengthened its vetting procedures to detect fraudulent filings. Therefore, an importance is placed on the submission of genuine and verifiable family relationships.
The type of evidence submitted generally is fact-specific and depends on the circumstances of the applicant. USCIS is known to request additional evidence and/or require an interview for applications that supply insufficient evidence or raise concerns of a potential fraudulent filing.
My Application was Approved - Now What?
After a family‑based petition is approved, the next steps depend on the beneficiary’s physical location. If the beneficiary is abroad, the case proceeds through Consular Processing with the National Visa Center (“NVC”). If the beneficiary is physically present in the United States, the next step—when eligible—is to file Form I‑485, Application to Register Permanent Residence or Adjust Status.
Special Comment: Marriage-Based Petitions
Marriage‑based petitions are subject to increased scrutiny by USCIS to ensure the authenticity of the marital relationship and to detect potential fraud. USCIS policy mandates confirmation that the marriage is legally valid, bona fide, and not entered into for the purpose of evading immigration laws.
When the marriage is less than two years old at the time permanent residence is granted, the beneficiary receives conditional resident status and must subsequently file Form I‑751 to remove the conditions.
Final Thoughts
Family‑based immigration petitions are an important mechanism for families seeking reunification. At the same time, immigration law is complex, and USCIS carefully reviews all applications to detect and prevent fraud. Individuals pursuing family reunification should exercise caution and take great care in preparing the application, gathering supporting evidence, and submitting documentation.
If you or someone you know is seeking guidance or assistance with a family‑based petition, please contact T. Gonsalves Law for legal support.
