Family-based immigration is one of the most common ways individuals obtain lawful permanent residency (a green card) in the United States. U.S. citizens and lawful permanent residents (green card holders) can petition to bring certain family members to live and work in the U.S. permanently. At Gurian Group, P.A., we guide clients through this process, ensuring compliance with U.S. immigration laws and increasing the chances of a successful outcome.

Who Can You Petition For?

1. Parents

U.S. citizens who are at least 21 years old may petition for their foreign-born parents. Parents of U.S. citizens are considered "immediate relatives," which means they are not subject to annual visa limits and generally experience faster processing times.

To petition for a parent, you must file Form I-130 (Petition for Alien Relative) and submit supporting documentation, including proof of citizenship and the parent-child relationship. Your parent will also need to undergo a medical exam and attend a visa interview if they are abroad.

2. Children

U.S. citizens can petition for both minor (under 21 and unmarried) and adult children, while green card holders may only petition for unmarried children. The immigration process for children varies depending on their age and marital status:

• Immediate relatives (unmarried children under 21 of U.S. citizens) face no visa caps.
• Other categories, such as unmarried adult children or married children, fall under the Family Preference system and may experience longer wait times.

Accurate documentation, including birth certificates and proof of relationship, is essential when filing.

3. Siblings

U.S. citizens aged 21 or older may also petition for their brothers or sisters. However, this is considered a Fourth Preference Family category (F4) and is subject to lengthy wait times due to annual visa limits and high demand—often several years or even over a decade.

As with other categories, Form I-130 and supporting documents such as birth certificates for both siblings are required to prove a qualifying relationship.

The Petitioning Process: What to Expect

The family-based immigration process generally includes:

1. Filing Form I-130 with USCIS.
2. Documenting the relationship with certified evidence.
3. Waiting for USCIS approval and visa availability, if applicable.
4. Consular processing or adjustment of status, depending on whether the relative is inside or outside the U.S.

USCIS processing times and visa backlogs can vary significantly depending on the family category and country of origin.

Legal Support for a Complex Process

While the process may seem straightforward, small errors or omissions can delay or jeopardize your case. At Gurian Group, P.A., we help families navigate these complexities with confidence. Our legal team works closely with clients to complete and submit petitions, prepare supporting documents, and address potential challenges.