Family-Based Immigration in the U.S.: Reunite With Your Loved Ones
Learn which family members you may be eligible to sponsor and who can qualify for family-based immigration petitions in the United States.
U.S. Citizens
If you're a lawful permanent resident of the United States, whether you hold a 2-year conditional Green Card or a 10-year Green Card, you may be eligible to petition for your spouse or unmarried children.
Green Card Holders
If you're a U.S. citizen by birth, naturalization, or derived citizenship, you may be eligible to petition for certain family members, including your spouse, children, parents, or siblings, depending on immigration requirements.
Do I Need an Immigration Lawyer for a Family-Based Petition?
While hiring an immigration attorney is not always required, having experienced legal guidance can make a difference when navigating the family-based immigration process.
At Noyes & Associates, we help you understand the requirements, prepare your immigration forms, and address potential legal challenges with greater confidence and peace of mind.
See What Our Clients Have to Say About Their Experience With Noyes & Associates:
Can I Sponsor My Spouse for a Green Card If They Entered the U.S. Illegally?
In certain circumstances, a U.S. citizen or lawful permanent resident may be able to file a family-based immigration petition for a spouse who entered the United States without authorization.
However, filing a petition does not automatically grant legal status. It's important to carefully evaluate the following factors:
Immigration Status of the Petitioning Spouse
We first determine whether the spouse filing the family-based petition is a U.S. citizen or lawful permanent resident (Green Card holder).
Depending on the beneficiary's immigration history and eligibility requirements, there may be options for applying for adjustment of status and obtaining lawful permanent residency in the United States.
Immigration History and Manner of Entry
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We review how your spouse entered the United States, any previous entries or departures, how long they have remained in the country without lawful status, and whether they have a history of deportation or other immigration issues.
These factors help determine whether your spouse may be eligible to apply for adjustment of status in the United States or whether consular processing and a potential immigration waiver may be necessary.
Immigration Options for Couples Who Aren't Married Yet
There are immigration options available for couples who are not yet married. However, the process depends on your immigration status, where your partner currently lives, and your individual circumstances.
If you're a U.S. citizen, you may be eligible to petition for a K-1 Fiancé(e) Visa, which allows your eligible foreign fiancé(e) to travel to the United States for the purpose of getting married.
Once your fiancé(e) enters the United States on a K-1 visa, you must get married within 90 days of their arrival.
After the marriage, your spouse may be eligible to apply for a Green Card (lawful permanent residency) if they meet the applicable immigration requirements.
Can I Sponsor My Partner If We're Not Married Yet?
Family-Based Immigration Processing Times May Vary
According to USCIS historical processing data for fiscal year 2026, through August, the median processing time for Form I-130 petitions involving immediate relatives of U.S. citizens was approximately 12.8 months.
However, this timeframe only reflects the processing of the petition itself, not the entire process of obtaining a Green Card (lawful permanent residency).
Processing times for petitions involving spouses, children, parents, and siblings can vary significantly. Some family-based immigration categories may involve additional waiting periods of several years due to annual immigrant visa limits.
Immigration Petitions for Parents and Children
U.S. citizens who are at least 21 years old may petition for their parents without being subject to annual immigrant visa limits.
U.S. citizens may also petition for their unmarried children under 21 through the immediate relative category.
However, petitions for adult or married children may involve additional waiting periods depending on the family preference category and immigrant visa availability.
Spousal Immigration Petitions
If you're a U.S. citizen seeking to sponsor your husband or wife, your spouse falls under the immediate relative category, which is not subject to annual immigrant visa limits.
According to USCIS historical data for fiscal year 2026, through August, the median processing time for Form I-130 immediate relative petitions was approximately 12.8 months.
This estimate only covers the processing of the petition. The complete process of obtaining a Green Card may take additional time.
If you're a lawful permanent resident (Green Card holder), you may also petition for your spouse. However, this category is subject to immigrant visa availability.
Why Is It Important to Have an Immigration Lawyer for Your Family-Based Petition?
At Noyes & Associates, our immigration attorneys understand that while filing a family-based immigration petition in the United States may seem straightforward, every case involves specific requirements, documentation, and immigration circumstances that need careful evaluation.
Mistakes on an application, missing documents, or misunderstandings about eligibility requirements can lead to processing delays, requests for additional evidence, or even a denial.
Working with an experienced immigration attorney can help you:
Identify the Right Immigration Pathway
Determine which family-based immigration category applies to your situation based on your immigration status and your relationship to the family member you wish to sponsor.
Prepare Your Immigration Documents Properly
Comprender los requisitos del Formulario I-130, organizar la evidencia de la relación familiar y verificar que la información presentada sea consistente.
Evaluate circumstances that could affect your case, such as entering the United States without inspection, prior immigration violations, deportation orders, or the possible need for an immigration waiver.
Identify Potential Immigration Challenges
¿READY TO START YOUR PATH?
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We serve clients throughout the United States.
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