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Family-Based Immigration

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Family-Based Immigration

What Is Family-Based Immigration?

Immigrants who want to obtain legal residency in the United States may be able to do so through family relationships. There are many ways to obtain legal residency through a family member and knowing your options with the assistance of an immigration attorney can help you get through the process of immigration law much easier.

Relation to a U.S. Citizen:

To apply for legal residency through an immediate relative under immigration law, you must meet one of the following requirements:

  • You are a spouse of a U.S. citizen; or
  • You are an unmarried child of a U.S. citizen and under 21 years of age; or
  • You are a parent of a U.S. citizen who is at least 21 years old.

Relation to a Lawful Permanent Resident:

To apply for legal residency through a non-immediate relative or a lawful permanent resident (LPR), you must meet one of the following requirements:

  • You are at least 21 years of age, are unmarried, and have a parent that is a U.S. citizen;
  • You are at least 21 years of age, are married, and have a parent that is a U.S. citizen; or
  • You are at least 21 years of age and have a sibling that is a U.S. citizen.

Relation to a U.S. Citizen Fiance(e):

U.S. citizens who want to marry a foreign national and bring them to the U.S. must file a K-1 fiancé visa petition before getting married. To be eligible for a fiancé visa, the following requirements must be met:

  • You are a U.S. citizen petitioning your fiancé(e);
  • You met your fiancé(e) in person within the past two years; and
  • You and your fiancé(e) have both dissolved all prior marriages through a divorce, annulment, or death of a former spouse.

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