Work Visas
O-1A — Business O-1B — Arts & media L-1 — Intracompany transfer E-3 — Australian TN — USMCA B-1/B-2 — Visitor
Green Cards
EB-1A — Extraordinary ability EB-1B — Outstanding researcher EB-2 NIW — National interest EB-1C — Multinational manager EB-5 — Investor visa Marriage-Based GC
Family Immigration
Family-Based Immigration Adjustment of Status Consular Processing
Resources
Visa wait times Green card wait times Commentary Legal references
About
The firm Our attorneys
Schedule Consultation
Family immigration

Permanent residence
through family.

Family-based immigration allows U.S. citizens and lawful permanent residents to petition for close relatives to obtain a green card. Whether your spouse is abroad or already in the U.S., we guide families through every step — from the initial I-130 petition through final approval.

Schedule Consultation See your options
Eligibility
Two tracks, one destination.
Immediate relatives vs. preference categories

All family-based green cards begin with a Form I-130 petition. The critical difference lies in whether a visa number is immediately available — a distinction that separates cases that move in months from those that wait years.

Immediate relatives
No annual cap. No backlog.

Immediate relatives of U.S. citizens receive priority: immigrant visas are available as soon as USCIS approves the I-130. Processing is limited only by USCIS and consular workloads, not the visa bulletin.

  • Spouses of U.S. citizens (IR-1 / CR-1)
  • Unmarried children under 21 of U.S. citizens (IR-2)
  • Parents of U.S. citizens age 21 or older (IR-5)

K-1 fiancé visas follow a separate nonimmigrant path but lead to the same adjustment of status process after entry and marriage.

Family preference categories
Annual caps. Priority date backlog.

Congress allocates a fixed number of family preference visas each year. High-demand countries (Philippines, Mexico, India, China) face significant waits; other nationalities often move much faster.

  • F-1: Unmarried adult children (21+) of U.S. citizens
  • F-2A: Spouses and minor children of lawful permanent residents
  • F-2B: Unmarried adult children (21+) of LPRs
  • F-3: Married children of U.S. citizens
  • F-4: Siblings of adult U.S. citizens

Check the monthly Visa Bulletin to see the current priority date cutoff for your category and country of birth.

Services
Where USIA comes in.
Full representation from petition through green card
Immigrant visa
Marriage-Based Green Card

For spouses of U.S. citizens and lawful permanent residents. We prepare the I-130, supporting documentation, and full affidavit of support package. Conditional and permanent residence both handled.

I-130 petition Immediate relative Conditional GC
Learn more
Filing path — inside U.S.
Adjustment of Status

For beneficiaries already in the United States. File I-485 concurrently with I-765 (EAD) and I-131 (advance parole) so you can work and travel while the case is pending. No departure required.

Form I-485 Work authorization No departure
Learn more
Filing path — outside U.S.
Consular Processing

For beneficiaries abroad. We prepare the NVC immigrant visa packet and DS-260, coach for the consular interview, and handle inadmissibility waivers if needed. Entry on an immigrant visa grants permanent residence on arrival.

NVC packet DS-260 Interview prep
Learn more
Process
From petition to green card.

Every family-based case follows the same sequence, though timelines vary substantially by category and country.

1
File I-130

U.S. citizen or LPR petitioner files the Petition for Alien Relative with USCIS

2
USCIS approves

I-130 approved. For preference categories, case is held until a visa number becomes current

3
Visa available

Immediate relatives: immediate. Preference categories: wait for priority date to become current in the Visa Bulletin

4
Adjustment or consular

File I-485 inside the U.S. or complete NVC packet and attend consular interview abroad

5
Green card issued

Approval by USCIS (adjustment) or entry at port of entry (consular) grants lawful permanent residence

FAQ
Common questions.
Immediate relatives include spouses of U.S. citizens, unmarried children under 21 of U.S. citizens, and parents of U.S. citizens who are at least 21 years old. Immediate relatives are not subject to annual numerical limits — immigrant visas are available as soon as USCIS approves the I-130 petition.
For immediate relatives of U.S. citizens, the timeline from I-130 filing to green card typically runs 12 to 24 months depending on whether the beneficiary adjusts inside the U.S. or processes through a consulate. Family preference categories face additional wait times due to annual visa caps: F-2A (spouses of LPRs) can move in months for most countries, while oversubscribed categories (F-3, F-4) may involve waits of many years for nationals of Mexico and the Philippines.
If you file for adjustment of status (Form I-485) inside the United States, you can simultaneously file Form I-765 for an Employment Authorization Document (EAD). Once approved — typically within 90 to 180 days — the EAD permits lawful employment for any employer. Work authorization is not available during consular processing abroad.
Adjustment of status is for applicants physically present in the United States who meet admissibility requirements — it keeps the beneficiary in the U.S. throughout the process. Consular processing is for applicants outside the U.S., who attend an immigrant visa interview at a U.S. consulate and enter as a lawful permanent resident. Both lead to the same result; the choice depends on where the beneficiary is located and whether any inadmissibility grounds need to be addressed.
A spouse married less than two years at the time of green card approval receives a two-year conditional permanent residence card rather than the standard 10-year card. To remove the conditions, you file Form I-751 jointly with your U.S. citizen or LPR spouse during the 90-day window before the card expires. If the marriage ended in good faith or other circumstances apply, individual waivers are available. Approval of the I-751 converts the conditional card to a permanent 10-year green card.

Ready to begin the family petition?

Every family situation is different. Our attorneys review your relationship history, immigration status, and prior entries to identify the strongest, lowest-risk path to permanent residence.

Schedule Consultation