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FAMILY-BASED VISAS

The U.S. immigration system recognizes the essential value of family reunification. For this reason, U.S. citizens and permanent residents (green card holders) have the right to petition for visas for certain family members. These visas are classified as “Family-Based Immigration” and are divided into immediate categories (with no annual limit) and preference categories (with quotas and waiting times).

Spouses of U.S. Citizens or Permanent Residents

Spouses of U.S. citizens are considered immediate relatives. This means there is no annual limit on available visas, making this one of the fastest paths to obtaining a green card.

Basic requirements:

  • Prove a legitimate and bona fide marriage (not just for immigration purposes).
  • The couple must demonstrate a shared life and present evidence such as joint accounts, photos, trips, messages, etc.
  • It is possible to apply even if the spouse is in the U.S. with an expired visa, in certain circumstances.
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The process includes:

  • Petition (Form I-130);
  • Adjustment of status or consular processing;
  • Interview at USCIS or at the consulate;
  • Green card approval.

Spouses of permanent residents fall under the second preference category (F2A). Unlike spouses of citizens, there is an annual visa limit, which can result in a waiting list and processing time.

  • The process is similar, but the processing time may vary depending on visa availability in the Visa Bulletin.
  • Once the permanent resident’s green card holder becomes a citizen, the process can be expedited.

Parents of U.S. Citizens

The U.S. immigration system recognizes the importance of family unity, and parents of U.S. citizens are part of the priority categories when it comes to reunification. When a U.S. citizen turns 21, they can apply for a green card for their father and/or mother, allowing these relatives to live and work legally in the U.S. with all the rights of a lawful permanent resident.

Who can apply?

Only U.S. citizens aged 21 or older can petition for their parents’ green cards. Permanent residents (green card holders) cannot petition for their parents—they must first naturalize as citizens.

Main requirements:

  • The petitioner (son or daughter) must prove their U.S. citizenship (by birth in the U.S. or naturalization).
  • The family relationship must be demonstrated, either biological or legal, through documents such as a birth certificate or formal adoption.
  • The petitioner must provide evidence of minimum financial means to ensure the parents will not become dependent on the U.S. government (using Form I-864, Affidavit of Support).
  • The parent beneficiary must not have an immigration history that makes them ineligible (illegal entries, deportations, certain crimes, etc.).

Step-by-step process:

1. I-130 Petition:

  • The process begins with completing and submitting Form I-130, where the U.S. citizen officially declares the relationship with their parent and requests that they be considered eligible for permanent residency.

2. Consular processing or adjustment of status:

  • If the parent is outside the U.S., the process goes to the National Visa Center and then to the U.S. consulate in the country of origin.
  • If the parent is in the U.S. legally, adjustment of status can be done directly with USCIS, avoiding consular processing.

3. Supporting documentation:

  • Includes passports, immigration history, proof of family relationship, financial statements, medical exams, and possibly an interview.

4. Interview and approval:

  • After reviewing all documents, the applicant attends an interview (in the U.S. or at the consulate) and, if approved, the green card is issued.

Benefits:

  • As an immediate relative category, there is no annual limit on available visas—making this one of the fastest family immigration processes.
  • The green card granted allows parents to live, work, study, and travel freely in the U.S. as permanent residents.
  • After a period, parents may apply for U.S. citizenship if they meet the residency and good moral character requirements.
  • A parent already living in the U.S. but who entered irregularly or has a complicated immigration history may still have possible options, but this will depend on careful legal analysis.
  • For adoptive parents, the adoption must have occurred before the child turned 16, and complete documentation is required.

Children of U.S. Citizens or Permanent Residents

The U.S. immigration system provides various categories for U.S. citizens and permanent residents to bring their children to live legally in the country. However, eligibility and waiting times vary depending on the child’s age, marital status, and the petitioner’s immigration status (whether they are a citizen or a resident).

Who can be considered a “child” under immigration law?

U.S. law is quite specific regarding the definition of “child” for immigration purposes. The following can be considered:

  • Biological children;
  • Adopted children (adoption before age 16 and legal custody);
  • Stepchildren (marriage occurred before the child turned 18);
  • Illegitimate children, as long as there is proof of relationship and bond with the petitioning parent.

Petition Categories for Children

1. Unmarried children under 21 of U.S. citizens

  • Considered “immediate relatives,” meaning they are not subject to visa number waiting lists.
  • Fastest and most direct process to obtain a green card.
  • Possibility of adjustment of status if the child is already legally in the U.S.

2. Unmarried children over 21 of U.S. citizens

  • Fall under the F1 (First Preference) category.
  • Subject to quotas and therefore waiting lists, which can last for years.
  • The waiting time varies depending on the child’s country of origin.

3. Married children of U.S. citizens

  • Classified as F3 (Third Preference).
  • Also subject to waiting lists, usually even longer.
  • The spouse and children of the principal beneficiary can be included in the petition.

4. Unmarried children of permanent residents (green card holders)

  • Included in the F2A category, which in recent years has had reduced waiting times.
  • The process is possible while the petitioner is still a permanent resident, but can be adjusted after naturalization to speed up the process.

Rights after approval:

Once the green card is granted, the child will be able to:

  • Legally reside in the United States;
  • Work and study without restrictions;
  • Later apply for U.S. citizenship, according to the required period of residence.
  • Changes in the child’s marital status (for example, getting married during the process) can affect the category and waiting time, so it is essential to keep your legal team informed.
  • Children who turn 21 during the process may lose “immediate relative” status, but in some cases, the Child Status Protection Act (CSPA) can prevent reclassification—a careful analysis is essential.

Siblings of U.S. Citizens

Among the benefits granted to natural-born or naturalized U.S. citizens is the right to petition for a green card for their foreign brothers or sisters. This category is one of the forms of family reunification, but it is also one of those with the longest waiting times, requiring careful planning and legal guidance.

Who can apply?

Only U.S. citizens aged 21 or older can file a petition for their siblings (biological, half-siblings, or adopted siblings, if there is a legal relationship). Permanent residents (green card holders) are not authorized to petition for siblings.

Who can be considered a “sibling” under immigration law?

The definition of “sibling” for immigration purposes includes:

  • Biological siblings, as long as they share at least one parent;
  • Half-siblings, when there is only one parent in common, with legal proof of parentage required for both;
  • Adopted siblings, as long as the adoption occurred before the age of 16 and valid documents exist;
  • Step-siblings (for example, through marriage) do not qualify.

Category and waiting time:

  • Green card petitions for siblings fall under the F4 – Fourth Preference Family category. This is a category limited by annual quotas, which leads to long waiting periods.
  • Processing times can exceed 15 years, depending on the beneficiary sibling’s country of origin. Countries such as Mexico, the Philippines, and India, for example, usually have even longer waits due to high demand.

What happens after the sibling immigrates?

Upon becoming a permanent resident in the United States, the beneficiary sibling will be able to:

  • Live and work legally in the U.S.;
  • Study with access to educational opportunities;
  • Apply for U.S. citizenship after the required period of residency.

Is it possible to include other family members in the process?

Yes. When the beneficiary sibling is married or has minor children, the spouse and children can also be included in the process as derivative dependents, and may immigrate with the principal applicant.

  • The sibling petition is a viable but long-term option.
  • Changes in family structure (marriages, births, deaths) must be reported to USCIS and analyzed by a legal team.
  • We always recommend starting the process as early as possible, especially for families aiming to reunite in the future.

Stepchildren and Stepparents

U.S. immigration law recognizes the importance of family bonds formed through marriage, even if they are not biological. Therefore, stepchildren and stepparents may be eligible for family-based immigration—as long as certain legal requirements are met.

When is a stepchild eligible for a green card?

A U.S. citizen or permanent resident can petition for a green card for their stepchild, provided that the marriage between the biological parent and the new spouse (the stepparent) occurred before the stepchild turned 18.

  • This requirement is fundamental. If the marriage took place after the stepchild turned 18, the legal relationship for immigration purposes is not recognized.

    Even if there was no formal adoption, the mere existence of the family relationship through marriage may be sufficient, as long as it is properly documented.

What about stepparents?

The process also works in reverse: a U.S. citizen can petition for a stepparent if the marriage between their biological parent and the stepparent occurred before the citizen petitioner turned 18.

  • This means that the family relationship for immigration purposes is established based on the date of the marriage, not necessarily on blood ties or formal adoption processes.

Required documents and evidence:

  • Birth certificates;
  • Marriage certificate between the parents (or between the stepparent and the biological parent);
  • Additional proof of the family relationship and cohabitation (such as photos, statements, school records, among others), especially in cases where there is no continuous cohabitation;
  • Evidence of the petitioner’s citizenship or permanent residency.
  • Stepchildren do not need to have been legally adopted to qualify, but the date of the parents’ marriage is decisive.
  • This type of petition is less known, but it is a legitimate and effective way for family reunification.
  • The assistance of a qualified legal team is essential to ensure the correct interpretation of dates, documents, and relationships.

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