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Family based immigration
Navigating U.S. Immigration Through Loved Ones
Family based immigration is one of the most common pathways for foreign nationals to obtain lawful permanent residency (green card) in the United States. This process allows U.S. citizens and lawful permanent residents to petition for eligible family members to join them and build their lives together in America. At SJKP LLP, we help families reunite legally, efficiently, and confidently.
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1. Family Based Immigration Eligibility and Categories
To qualify for family based immigration, the relationship between the petitioner and the beneficiary must fall within the legally recognized categories. There are two main groups: immediate relatives (e.g., spouses, parents, unmarried children under 21 of U.S. citizens), and family preference categories (e.g., adult children, siblings). Each category comes with its own visa caps and wait times.
Family Based Immigration for Immediate Relatives
Immediate relatives of U.S. citizens benefit from an uncapped number of immigrant visas, meaning there is no wait time outside of processing. This includes spouses, parents (if the petitioner is over 21), and unmarried children under 21. These applications are typically processed faster than preference-based petitions.
Family Based Immigration Under Preference Categories<
Family members under preference categories—such as married children of U.S. citizens or siblings—must go through a quota-based system, often waiting several years depending on their country of origin. Priority dates and Visa Bulletins determine the timeline for green card availability.
2. Family Based Immigration Application Process
The process begins with filing Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS). Once approved, the foreign family member proceeds to consular processing or adjustment of status depending on their location and category. Supporting documents, financial sponsorship, and interviews are key components of the process.
Common Mistakes in Family Based Immigration Applications
Applicants often face delays due to incomplete forms, insufficient evidence of relationship, or misfiled documents. Legal assistance helps prevent these errors and ensures all aspects of the petition are fully addressed and submitted correctly.
The Importance of Affidavit of Support
Sponsors must prove that they can financially support the immigrant to prevent them from becoming a public charge. The Affidavit of Support is a binding contract, and failing to meet income requirements can delay or deny the petition.
3. How SJKP LLP Supports Family Based Immigration Clients
At SJKP LLP, we assist clients through every stage of the family immigration process—from petition to consular interview. Our team helps gather the correct evidence, anticipate processing delays, address legal complications (such as prior removals or inadmissibility), and ensure compliance with evolving immigration regulations.
Why Legal Representation is Crucial
Immigration law is complex and constantly evolving. Even minor errors can result in years-long delays or denials. By working with immigration attorneys at SJKP LLP, families avoid costly mistakes and increase their chances of timely reunification.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
