Family-Based Immigration: Steps to Bring Relatives to the U.S.

Understanding Family-Based Immigration

Reuniting with family is one of the most meaningful reasons people pursue U.S. immigration. Family-based immigration allows U.S. citizens and lawful permanent residents (green card holders) to petition certain relatives for permanent residence. While the process can be straightforward in some cases, it often involves strict eligibility rules, extensive documentation, and long wait times—especially for certain family categories.

At Vasquez Law Firm in Charlotte, North Carolina, we help families navigate these steps with clarity and care. The goal of this guide is to explain the main pathways, timelines, and practical actions you can take to move a family case forward while avoiding common delays.

Who Can Sponsor a Relative?

Family-based immigration is built around two key groups of sponsors:

• U.S. citizens (USCs) can petition a wider range of relatives, including spouses, children, parents, and siblings.
• Lawful permanent residents (LPRs) can petition more limited categories, primarily spouses and unmarried children.

To file a successful petition, the sponsor must generally:

• Prove U.S. citizenship or permanent resident status
• Show a qualifying family relationship
• Demonstrate the ability to financially support the relative (through an Affidavit of Support in most cases)

Practical tip: Before filing, confirm the sponsor’s status is secure. For example, LPRs should avoid extended travel outside the U.S. or other issues that could raise questions about abandonment of residence.

Immediate Relatives vs. Preference Categories

A major factor in timing is whether your relative is considered an “immediate relative” of a U.S. citizen or falls into a preference category.

Immediate relatives (no annual visa cap)

Immediate relatives typically have faster pathways because visas are not limited by annual quotas. This group includes:

• Spouse of a U.S. citizen
• Unmarried child under 21 of a U.S. citizen
• Parent of a U.S. citizen (if the U.S. citizen is 21 or older)

Family preference categories (visa caps apply)

These categories are subject to yearly limits and often involve longer waits:

• F1: Unmarried sons and daughters (21+) of U.S. citizens
• F2A: Spouses and unmarried children (under 21) of LPRs
• F2B: Unmarried sons and daughters (21+) of LPRs
• F3: Married sons and daughters of U.S. citizens
• F4: Brothers and sisters of U.S. citizens (petitioner must be 21+)

Actionable step: Check the U.S. Department of State Visa Bulletin each month to track when a visa may become available based on your relative’s “priority date.”

The Core Process: Petition, Visa Availability, and Green Card

Most family-based cases follow a similar structure:

1. File Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS)
2. Wait for approval and, if applicable, wait for a visa number (preference categories)
3. Apply for the green card either through:
   • Adjustment of Status (AOS) if the relative is eligible and inside the U.S., or
   • Consular Processing if the relative is outside the U.S.

Adjustment of Status vs. Consular Processing

Adjustment of Status (inside the U.S.)

• Typically involves filing Form I-485 and supporting documents
• May allow the applicant to request work authorization and travel permission while the case is pending
• Requires careful screening for issues like unlawful entry, overstays, or prior immigration violations

Consular Processing (outside the U.S.)

• After I-130 approval and visa availability, the case is handled through the National Visa Center (NVC) and then a U.S. consulate interview abroad
• Requires medical exams, police certificates, and extensive civil documents

Practical tip: The “best” route depends on lawful entry history, current status, and risk. In some situations, leaving the U.S. for a consular interview can trigger bars to reentry. Always get legal advice before choosing a path.

Financial Sponsorship: The Affidavit of Support

In most family-based green card cases, the sponsor must submit Form I-864 (Affidavit of Support) to show the immigrant is unlikely to become primarily dependent on government assistance.

Sponsors typically must show income at or above 125% of the Federal Poverty Guidelines (100% for certain military sponsors). If income is insufficient, options may include:

• Using certain assets
• Adding a qualifying joint sponsor
• Combining household member income with Form I-864A

Actionable step: Gather recent tax transcripts, W-2s/1099s, pay stubs, and employment verification early. Missing or inconsistent financial documents are a common cause of delays.

Common Challenges (and How to Avoid Them)

Even strong family cases can be delayed by avoidable issues. Here are frequent problems we see:

1) Insufficient proof of a real marital relationship

For spousal cases, USCIS and consulates look for evidence that the marriage is bona fide (not solely for immigration benefits). Helpful documentation includes:

• Joint lease/mortgage
• Joint bank accounts and insurance
• Photos over time with family and friends
• Travel records, messages, and call logs (where appropriate)
• Birth certificates of children (if applicable)

Practical tip: Organize evidence chronologically and include a short relationship timeline. Clear presentation can reduce requests for evidence (RFEs).

2) Prior immigration violations or unlawful presence

Overstays, unlawful entry, prior removal orders, or misrepresentation can create serious barriers. Some situations may require waivers, motions to reopen, or alternative strategies.

Actionable step: Request and review immigration records if there is any uncertainty. A Freedom of Information Act (FOIA) request can help clarify what the government has on file.

3) Criminal history concerns

Certain arrests or convictions—whether in North Carolina or elsewhere—can affect admissibility. Even charges that seem “minor” may have immigration consequences.

North Carolina note: Many family law and criminal matters in North Carolina (such as domestic violence protective orders under N.C. Gen. Stat. Chapter 50B, or criminal charges related to assault or violations of protective orders) can create complications for immigration cases depending on the facts. Additionally, marriage validity is determined under state law; a marriage performed in North Carolina must meet state requirements to be recognized.

If there is any criminal history, it is critical to consult an immigration attorney before filing, traveling, or attending an interview.

4) Document and translation issues

USCIS and the NVC require civil documents (birth certificates, marriage certificates, divorce decrees, adoption records) and certified translations for documents not in English.

Practical tip: Use consistent names and dates across all forms and documents. If a relative has used different spellings or has name changes, address it proactively with supporting evidence.

Special Situations: Children, Parents, and Complex Families

Petitioning children

Children’s cases can depend on age, marital status, and the petitioner’s status (USC vs. LPR). Timing matters because turning 21 can shift a child into a different category. The Child Status Protection Act (CSPA) may help “freeze” age in certain cases, but the rules are technical.

Actionable step: If a child is nearing 21, get legal advice early to preserve eligibility and avoid category changes that could add years of waiting.

Petitioning parents

A U.S. citizen must be 21 or older to petition a parent. If the parent is in the U.S., eligibility for adjustment depends on lawful entry and other factors.

Stepchildren, adopted children, and legitimation issues

These cases often require additional proof and careful legal analysis, including timelines of marriage/adoption and custody/residency requirements.

Practical tip: Gather all court orders and certified copies early—especially adoption decrees and custody orders.

What to Expect at Interviews

Many family-based cases involve an interview—either at a USCIS field office (for adjustment) or at a U.S. consulate abroad.

Typical interview preparation includes:

• Reviewing all forms for accuracy and consistency
• Updating relationship evidence (for spousal cases)
• Ensuring original documents are available
• Practicing clear, truthful answers

Empathetic note: Interviews can feel intimidating, especially when families have been separated for months or years. Preparation helps you feel more confident and reduces the risk of misunderstandings.

Practical Checklist: Steps You Can Take Now

If you are considering sponsoring a relative, these steps can help you move forward efficiently:

1. Confirm eligibility (your status and the qualifying relationship)
2. Collect civil documents (birth, marriage, divorce, adoption, name changes)
3. Create a relationship evidence file (especially for spouses)
4. Review immigration history (entries, exits, visas, prior applications)
5. Assess financial sponsorship (income, taxes, potential joint sponsor)
6. Choose the right process (adjustment vs. consular processing)
7. Track your case (USCIS receipt numbers; Visa Bulletin; NVC messages)
8. Avoid risky travel or filings without legal guidance if there are complications

How Vasquez Law Firm Can Help Families in Charlotte and Across North Carolina

Family-based immigration is deeply personal. It is also highly procedural—deadlines, forms, and evidence requirements matter. Our team helps clients:

• Identify the fastest and safest immigration strategy for your family
• Prepare thorough petitions and supporting evidence to reduce delays
• Respond to RFEs and address complications proactively
• Prepare for USCIS and consular interviews
• Coordinate immigration planning alongside North Carolina family realities (marriage, divorce, custody, and protective orders) when relevant

We understand how stressful separation can be, and we aim to provide clear guidance at every step.

Call to Action

If you want to bring your spouse, child, parent, or other qualifying relative to the United States, Vasquez Law Firm is here to help you take the next step with confidence. Contact our Charlotte, North Carolina office to schedule a consultation. We will review your family’s situation, explain your options, and help you build a strong plan to reunite as soon as possible.