U.S. Family Immigration: Who Qualifies & How to Start?

Navigating U.S. immigration as a family is a complex, confusing, and emotionally charged process. I’ve seen friends go through it, I’ve helped people make sense of it, and I’ve spent far too much time trying to untangle the legal spaghetti that is American immigration law.

If you’re reading this, chances are you’re trying to bring a loved one to the U.S. legally, or you’re the one hoping to come here to reunite with your family.

Either way, step one is to stop relying on Reddit threads or advice from a cousin who did it twenty years ago. Instead, talk to a reliable family immigration attorney in New York who handles a massive chunk of family-based immigration cases every year.

The Basics of Who Can Sponsor Whom

U.S. family immigration hinges on the simple idea that American citizens and lawful permanent residents can petition for certain family members to join them in the United States. But that simple idea gets complicated quickly.

There are two main categories of family-based immigration:

1. Immediate Relatives of U.S. Citizens

This is the fast lane. There’s no annual cap on visas for:

• Unmarried children of U.S. citizens (under 21)
• Spouses of U.S. citizens
• Parents of U.S. citizens (but only if the citizen is 21 or older)

If you fall into one of these categories, that’s pretty good news, since it means you’re already ahead of the game.

2. Family Preference Categories

Unfortunately, things are much slower and a lot more bureaucratic in these categories. They are for:

• Adult children (married or unmarried) of U.S. citizens
• Spouses and unmarried children of green card holders
• Siblings of U.S. citizens (again, the citizen must be 21+)

Each of these categories has a visa cap, resulting in long wait times (sometimes spanning decades) depending on the applicant’s country of origin and the specific preference category.

It’s Not as Simple as “Just Getting Married”

If you marry a U.S. citizen, you won’t just get a green card immediately, contrary to popular belief. Yes, marriage to a U.S. citizen puts you in the “immediate relatives” category. But that just means you can apply right away, not that you’ll automatically be approved.

USCIS will still want proof that your relationship is real, not just a legal arrangement for a visa. That means you’ll need to provide photos, statements from joint bank accounts, text history, shared bills, etc. Basically, whatever proof you can present that you’re living a real life together is welcome.

How Long Does It All Take?

It depends. If you’re an immediate relative of a U.S. citizen and already in the U.S., the adjustment of status process can take around 12–18 months, assuming there are no red flags or missing paperwork. If you’re abroad, consular processing can tack on several extra months.

Preference categories might wait 5, 10, or even 20 years, though. The U.S. Department of State’s visa bulletin updates monthly and tells you where you stand in line.

Where to Start If You’re the U.S. Sponsor

Here’s your basic checklist:

1. Confirm your eligibility to sponsor

Are you a citizen or a green card holder? Are you over 21 if you’re sponsoring a parent or sibling?

2. File Form I-130

This is the Petition for Alien Relative. It establishes your relationship and starts the process.

3. Prepare for the next step

If your loved one is in the U.S., you may be able to file Form I-485 (adjustment of status) concurrently. If not, you’ll go through consular processing.

4. Gather financial documents

You’ll need to show you can support your family member with an Affidavit of Support (Form I-864) promising not to let them become a public charge.

What If You’re the One Being Sponsored?

For beneficiaries, the process may seem even more opaque. Suddenly, your life is filled with forms, fingerprinting, medical exams, visa interviews, and lots of waiting.

Before you consider the logistics of how to prepare for migration to a new country, your job is to stay in touch with your sponsor, be honest on all forms, and prepare for interviews as if they’re the most important conversation of your life.

Whatever you do, don’t overstay a visa or make travel plans without checking with your lawyer.

If I had to give just one piece of advice to someone starting the family immigration process, it would be this: don’t go it alone. The system isn’t intuitive, and one wrong move can set you back years.

A good lawyer will guide you through every twist and turn, and ideally, help you avoid the most painful detours. This will save you time, money, and a lot of stress.