№ TUCSAZ
IR
Attorney
Isabel Rojas
Rojas Border Immigration Law
Civil RightsImmigration
- City
- Tucson
Immigration · Sub-Practice
Family Immigration
Family is the most common path to a green card in the United States. Navigating the process requires understanding both the law and the waiting.
§ Overview
What your case actually involves.
Family-based immigration allows U.S. citizens and permanent residents to sponsor eligible family members for green cards. The process varies significantly based on the relationship and the sponsor's status.
Family immigration divides into two categories: immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21) — who face no numerical cap and can immigrate as soon as the petition is approved; and family preference categories — which are capped, subject to backlogs, and prioritized by relationship type. Family preference categories include: FB-1 (unmarried adult children of U.S. citizens), FB-2A (spouses and minor children of permanent residents), FB-2B (unmarried adult children of permanent residents), FB-3 (married children of U.S. citizens), and FB-4 (siblings of U.S. citizens). Nationals of high-demand countries (Mexico, Philippines) face the longest waits — sometimes decades for certain categories. An attorney can optimize the strategy: choosing the right petition, timing the filing, and advising on the beneficiary's maintenance of status while waiting.
§ Pathways and options
- ▸Immediate relative of U.S. citizen — no cap, fastest processing (spouse, parent, child under 21)
- ▸FB-1 — unmarried adult children of U.S. citizens
- ▸FB-2A — spouses and minor children of permanent residents (priority over FB-2B)
- ▸FB-2B — unmarried adult children of permanent residents
- ▸FB-3 — married children of U.S. citizens
- ▸FB-4 — brothers and sisters of U.S. citizens (longest waits, sometimes decades)
§ How attorneys approach this
- ›Filing Form I-130 (Petition for Alien Relative) by the U.S. citizen or permanent resident sponsor
- ›USCIS approval of the I-130 — establishes the qualifying relationship
- ›Priority date — the I-130 filing date determines position in the queue for capped categories
- ›Waiting for the priority date to become current per the State Department Visa Bulletin
- ›Consular processing (if abroad) or adjustment of status (if inside the U.S.)
- ›Interview, approval, and green card issuance
“The most overlooked issue in family immigration is the Child Status Protection Act (CSPA). When a child beneficiary turns 21, they "age out" of the immediate relative or minor child category and move into an adult preference category — often with a long wait. CSPA provides a formula that can "freeze" a child's age based on when the petition was filed or when the visa became available, potentially preserving their status as a child beneficiary. Without a CSPA analysis, families have unknowingly lost years of wait time and beneficial petition priority dates. An attorney who monitors the child's age and the priority date can often prevent aging out entirely.”
§ What to look for in an attorney
- 01Clear priority date monitoring — knowing when to file the next step is critical
- 02Experience with marriage-based cases — USCIS scrutinizes bona fides carefully
- 03Knowledge of affirmative of filing strategies for beneficiaries already in the U.S.
- 04Consular processing experience for family members outside the U.S.
- 05Experience navigating prior visa overstays or unlawful presence issues
- 06I-864 affidavit of support expertise — income requirement knowledge
⚖️
§ Ask these at your consultation
6 questions that matter
- ❓What is the current wait time for my relative's category and country of birth?
- 💰Can my relative live and work in the U.S. while the petition is pending?
- 🔍My relative is already in the U.S. — can they adjust status here or must they leave?
- 📋My relative overstayed a prior visa. Does that create a bar to their green card?
- 💬What income do I need to meet the affidavit of support requirements?
- 💡What happens to the petition if my relative's status changes (marries, turns 21)?
§ Frequently asked questions
Common questions about family immigration.
Q 01
My spouse is outside the U.S. How do we bring them here?
You file an I-130 petition with USCIS. Once approved (and a visa is immediately available for the immediate relative category), the case transfers to the National Visa Center and then to the U.S. consulate in your spouse's country for consular processing. Your spouse will attend an interview, receive a visa, and then enter the U.S. as a conditional or unconditional permanent resident. The process typically takes 12–24 months for spouses of U.S. citizens.
Q 02
I'm a permanent resident. Can I petition for my spouse?
Yes, through the FB-2A preference category. However, unlike spouses of U.S. citizens (who are immediate relatives with no cap), spouses of permanent residents are subject to numerical limits and waiting periods. Current wait times for FB-2A vary — typically 2–3 years, though this fluctuates monthly. Once you naturalize to U.S. citizenship, your spouse's case converts to the immediate relative category and moves forward quickly.
Q 03
My relative was previously deported. Can I still petition for them?
A prior removal order creates a 10-year bar to reentry (or permanent bar for certain serious criminal convictions). The petitioned relative would need a waiver (Form I-212) to seek admission before the bar expires. Waivers are discretionary and require demonstrating that denial would result in extreme hardship to a qualifying U.S. citizen or permanent resident relative. An immigration attorney can assess the specific removal circumstances and the likelihood of waiver approval.
Q 04
What is the affidavit of support and what income do I need?
Form I-864, the Affidavit of Support, requires the U.S. citizen or permanent resident sponsor to demonstrate income of at least 125% of the federal poverty guideline for their household size (including the immigrant). If your income is insufficient, a co-sponsor can submit a joint I-864. The obligation continues until the immigrant works in the U.S. for 40 qualifying quarters, becomes a citizen, or leaves the U.S. permanently. The requirement is legally enforceable — a sponsored immigrant can sue a non-performing sponsor.
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