What Is Family-Based Immigration?
Bringing family members to the U.S. is a priority for many immigrants. Family-based immigration allows U.S. citizens and Green Card holders to sponsor relatives for lawful permanent residence. However, the process can be complex, with varying wait times, financial requirements, and eligibility rules.
If you’re in Georgia or Alabama, this guide will help you understand:
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- What family-based immigration is and how it works
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- How much is needed for family-based immigration in the USA
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- How long family-based immigration takes
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- The role of a family-based immigration attorney in the process
Whether you’re applying for a spousal visa, sponsoring a child, or petitioning for a sibling, this guide covers everything you need to know.
Who Can Sponsor a Family Member for U.S. Immigration?
Who Can a U.S. Citizen Sponsor?
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- Spouse (eligible for a spousal visa)
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- Parents (if the sponsor is 21 or older)
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- Children (unmarried or married, any age)
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- Siblings (if the sponsor is 21 or older)
Who Can a Green Card Holder Sponsor?
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- Spouse (eligible for a spousal visa)
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- Unmarried children under 21
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- Unmarried adult children (21+)
Need legal guidance? A family based immigration attorney can help you determine eligibility and avoid mistakes in your application.
Immediate Relatives vs. Family Preference Categories
Immediate Relatives – No Visa Wait Times
If you’re a U.S. citizen, your spouse, parents, and unmarried children under 21 qualify as immediate relatives.
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- No annual cap = faster processing.
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- Processing Time: 12–18 months.
Family Preference Categories – Limited Visas & Longer Wait Times
Relatives in this category face annual visa limits, which can lead to long wait times.
Annual Family Visa Cap: Up to 480,000 visas per year.
| Category | Who Qualifies? | Wait Time |
| F1 | Unmarried adult children (21+) of U.S. citizens | 7+ years |
| F2A | Spouses & minor children of Green Card holders | 2+ years |
| F2B | Unmarried adult children (21+) of Green Card holders | 6+ years |
| F3 | Married children of U.S. citizens | 12+ years |
| F4 | Siblings of U.S. citizens | 14+ years |
How to Track Your Visa Status: Check the Visa Bulletin at travel.state.gov.
Step-by-Step Guide to Sponsoring a Family Member
Step 1: File Form I-130 (Petition for Alien Relative)
This is the first step in any family-based immigration process.
Documents Needed:
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- Proof of U.S. citizenship or Green Card status.
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- Birth certificates, marriage certificates, or adoption records.
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- Financial proof (see “how much is needed for family-based immigration in the USA” below).
Step 2: Wait for Visa Availability
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- Immediate relatives → No wait time beyond processing.
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- Family preference applicants → Must wait for their visa priority date to become current.
Step 3: Choose Adjustment of Status or Consular Processing
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- Adjustment of Status (Form I-485): If your relative is already in the U.S.
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- Consular Processing: If your relative is applying from outside the U.S.
Applying from Georgia or Alabama? You can file Adjustment of Status at the USCIS Atlanta Field Office.
How Much Is Needed for Family-Based Immigration in the US?
Cost Breakdown:
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- I-130 Petition Fee: $535
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- Visa Application Fee: $325–$445
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- Medical Exam & Vaccination Fees: $200–$500
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- Affidavit of Support (Form I-864): Sponsors must prove they earn at least 125% of the Federal Poverty Guidelines (e.g., $24,650 for a household of 2 in 2024).
Unsure about your financial eligibility? A family-based immigration attorney can help you meet sponsorship requirements.
How Long Does Family-Based Immigration Take?
Processing times vary by category:
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- Spousal visas & immediate relatives: 12–18 months
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- Family preference visas: 5–15+ years
Can You Expedite the Process?
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- Humanitarian reasons (medical emergencies).
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- Military service exceptions.
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- Filing with an experienced family-based immigration lawyer to avoid delays.
Common Challenges & How to Avoid Delays
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- Visa Delays & Backlogs: Track wait times using the Visa Bulletin.
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- Proving a Genuine Family Relationship: USCIS may request more proof.
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- Financial Sponsorship Issues: Ensure you meet income requirements.
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- Denials & RFEs (Requests for Evidence): Consult a family-based immigration attorney for appeals.
Case Study: An Atlanta couple faced delays in their spousal visa application due to missing tax documents. A lawyer helped them refile successfully.
Special Cases: Humanitarian & Deportation Relief
VAWA (Violence Against Women Act) – Protection for Abused Spouses & Family Members
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- Allows victims to self-petition without their abuser’s knowledge.
Family Reunification for Refugees & Asylum Seekers
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- Options for Cuban, Haitian, and Ukrainian refugees.
Deportation Defense & Family Immigration Cases
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- If a family member faces deportation, a family-based immigration lawyer can help with waivers.
FAQs About Family-Based Immigration (Georgia & Alabama)
Costs range from $1,000–$3,000, depending on the case.
- Immediate relatives: ~12–18 months.
- Family preference visas: Varies by category.
A legal process allowing U.S. citizens and Green Card holders to sponsor relatives for residency.
A lawyer can avoid delays, handle denials, and ensure accuracy.
Why Work with Weinstock Immigration Lawyers?
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- Serving Georgia & Alabama families for 20+ years.
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- Expertise in spousal visas, Green Cards, and waivers.
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- We handle complex cases, from visa denials to appeals.
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- Get a consultation today!