Family-based immigration remains one of the most common and important pathways to permanent residency in the United States. Through this process, U.S. citizens and lawful permanent residents can petition to bring certain relatives to the United States to live permanently. This sponsorship framework provides opportunities for close family members to build their lives together in the United States. While the exact process and wait times differ depending on the petitioner’s status and the family relationship, successful sponsorship ultimately leads to the sponsored relative becoming a lawful permanent resident with the ability to live and work in the country indefinitely.
Who Can Be Sponsored Through Family-Based Green Card Sponsorship?
In family-based immigration, the petitioner is the U.S. citizen or lawful permanent resident (green card holder) who files the petition, while the beneficiary is the foreign national family member seeking permanent residency. The petitioner’s immigration status determines which relatives may be sponsored.
U.S. citizens may file a petition on behalf of the following beneficiaries:
- Spouse
- Children (married or unmarried, of any age)
- Parents
- Siblings
Lawful permanent residents (green card holders) may file a petition on behalf of the following beneficiaries:
- Spouse
- Unmarried children (of any age)
Not all family relationships are treated equally under U.S. immigration law. Instead, beneficiaries fall into two broad categories, each with different processing times and priority levels: Immediate Relatives and Family Preference Categories.
Immediate Relatives vs. Family Preference Categories
Immediate Relatives
This category applies only to beneficiaries of U.S. citizens and 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 at least 21 years old)
Immediate relatives enjoy the most straightforward path to a green card because there are no annual limits on visa numbers. This means that, once a petition is approved, the beneficiary can immediately move forward with applying for permanent residency.
Family Preference Categories
Other qualifying family members fall under the “preference” system, which is subject to annual visa quotas. Because of these limits, beneficiaries in the preference categories may face significant waiting periods depending on their relationship and country of origin. The categories include:
- First Preference (F1): Unmarried sons and daughters (21 or older) of U.S. citizens
- Second Preference (F2A): Spouses and unmarried children (under 21) of lawful permanent residents
- Second Preference (F2B): Unmarried sons and daughters (21 or older) of lawful permanent residents
- Third Preference (F3): Married sons and daughters of U.S. citizens
- Fourth Preference (F4): Brothers and sisters of U.S. citizens (if the citizen is at least 21 years old)
Depending on the preference category, cases can take years or even decades to become current on the visa bulletin.
The Family-Based Green Card Sponsorship Process
The process of obtaining a family-based green card begins with the petitioner filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). USCIS reviews the petition to confirm eligibility and the qualifying family relationship. If approved, the petition is then forwarded to the National Visa Center (NVC) for further processing.
At the NVC stage, the beneficiary must complete an online immigrant visa application, pay the required fees, and submit supporting documentation, including civil documents and financial evidence (such as the petitioner’s Form I-864 Affidavit of Support). Once the case is complete, the NVC schedules the beneficiary’s immigrant visa interview at the appropriate U.S. consular post in the beneficiary’s home country.
Before the interview, the beneficiary is required to undergo a medical examination with a panel physician approved by the U.S. Department of State. At the immigrant visa interview, a consular officer reviews eligibility, verifies documentation, and determines whether to approve the immigrant visa application.
If approved, the beneficiary receives an immigrant visa (IV), which must be used to enter the United States before its expiration date. Importantly, approval of the visa does not automatically make the beneficiary a lawful permanent resident. Lawful permanent resident status is only granted once the beneficiary enters the United States using the immigrant visa and U.S. Customs and Border Protection (CBP) endorses their entry. At that moment, the beneficiary officially becomes a green card holder.
For some beneficiaries who are already lawfully present in the United States in an eligible nonimmigrant status, it may be possible to bypass consular processing abroad and instead apply for Adjustment of Status (AOS) with USCIS. This process allows the beneficiary to apply for permanent residence without leaving the country.
Direct Filing of Family-Based Petitions Abroad
In some circumstances, U.S. citizens residing outside the United States may be eligible to file an immigrant petition directly at a U.S. consular post, rather than through USCIS in the United States. This option, known as direct filing, is reserved for immediate relative categories, most commonly spousal sponsorship cases.
Direct filing can significantly shorten processing times compared to the standard route, making it an attractive option for U.S. citizens who live abroad with their foreign national spouse. At Barella Global, we have extensive experience handling these cases, particularly at the U.S. embassies in London and Brussels, as well as other European consular posts. Our clients have benefited from the efficiency and speed that this process can provide.
Because eligibility for direct filing is narrow and the process involves unique consular procedures, it is important to work with experienced counsel. Our firm regularly advises U.S. citizens abroad on whether direct filing is available in their circumstances and guides them through the process.
For further insight, see our blog post on direct filing spousal sponsorship cases.
Addressing Potential Admissibility Issues
Applicants should be prepared to discuss any prior law enforcement encounters, immigration violations, or significant health concerns with their immigration lawyer. These issues can affect eligibility for a green card.
In some cases, applicants found ineligible to enter the United States may require a permanent waiver of inadmissibility. These waivers involve a separate legal process and require strong documentation to demonstrate eligibility. Importantly, failing to disclose required information can create serious consequences, including a separate ground of inadmissibility for misrepresentation.
Because the stakes are high, it is important to consult with an experienced U.S. immigration attorney early in the process to identify any potential concerns and explore available solutions.
Schedule a Family-Based Green Card Consultation
Navigating the family sponsorship process requires careful planning, accurate documentation, and the right legal guidance. At Barella Global, we have extensive experience assisting U.S. citizens and permanent residents in sponsoring their loved ones—whether through traditional USCIS processing or direct consular filing abroad.
Contact us today to arrange a consultation with an experienced U.S. family sponsorship immigration lawyer in London and Brussels. Alternatively, you can book a consultation online through our booking platform.
The Barella Global Advantage
Barella Global offers clients a unique blend of U.S. immigration law expertise and international accessibility. With offices in London and Brussels, we work in our clients’ time zones, making communication seamless and efficient. Our team has extensive experience representing clients before U.S. embassies and consulates across the UK and Europe, giving us valuable insight into local procedures and expectations. Whether you are pursuing a family-based case, addressing admissibility issues, or seeking a corporate or investor visa, we provide strategic, results-focused guidance tailored to your goals.
Inquiry Form
To submit an inquiry or request a consultation, please complete the form below, call, or email our office.
If you prefer to schedule a consultation directly, you can use the Book a Consultation link available at the top of every page.