Bringing family members to live with you in the U.S. can be one of the most meaningful—and challenging—things you ever do. Whether it’s a spouse overseas, a child waiting to reunite, or a parent who needs your care, the emotional weight behind each case is heavy. But the legal process isn’t always kind.
Delays, paperwork, and confusing requirements can create serious roadblocks. That’s why so many people turn to a family immigration lawyer New York families have relied on for guidance, clarity, and support, because reuniting loved ones should feel possible, not impossible.
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What Is Family Immigration?
Family immigration is one of the most common pathways to legal residency and citizenship around the world. At its core, it allows citizens and lawful permanent residents (LPRs) to sponsor close relatives so they can join them in a new country and build a life together.
In the United States, for example, family reunification accounts for about 65% of all legal immigration each year, according to data from the Migration Policy Institute. It is a system built on the idea that families should be kept together whenever possible.
But the process is rarely simple. It can involve long waits, complex paperwork, and changing rules. Understanding how it works—and where the roadblocks are—is the first step toward navigating it with confidence.
Who Can You Sponsor?
Eligibility depends heavily on your immigration status. U.S. citizens have more sponsorship options than green card holders.
As a citizen, you can petition for:
- Spouses
- Children (married or unmarried)
- Parents (if you are over 21)
- Siblings (although this category has the longest wait times)
If you’re a lawful permanent resident, your options are narrower. You can only sponsor:
- Spouses
- Unmarried children
Each category is treated differently. Immediate relatives—like a U.S. citizen’s spouse or parent—don’t have to wait for a visa number to become available. Others are placed in preference categories, which means they may face long waits due to annual visa limits.
Source: Pexels
How Long Does It Take?
This is one of the hardest parts for families. Processing times vary based on the type of relationship, the sponsor’s status, and where the beneficiary is from.
For example:
- A U.S. citizen sponsoring a spouse might wait 10 to 16 months for a green card.
- A green card holder sponsoring a spouse can face delays of 2 years or more.
- Siblings of U.S. citizens often wait over a decade. For applicants from certain countries like Mexico or the Philippines, it can take even longer.
The U.S. Department of State publishes a monthly Visa Bulletin that shows where each preference category stands in the queue. It’s not always intuitive, but it’s the best way to track how close your application is to moving forward.
The Application Process
Family immigration involves several steps, and accuracy matters at every point. Mistakes can lead to delays or denials.
Here’s a simplified overview of how it works:
- Petition Filing
The sponsoring relative submits Form I-130 (Petition for Alien Relative) to establish the relationship. Supporting documents like birth certificates, marriage licenses, or affidavits may be required.
- Waiting for a Visa Number
If the applicant falls into a preference category, they must wait for a visa number to become available before moving to the next step.
- Adjustment of Status or Consular Processing
If the beneficiary is already in the U.S., they may apply for a green card through Adjustment of Status (Form I-485). If they are abroad, the case is processed through a U.S. embassy or consulate.
- Interviews and Background Checks
Applicants are interviewed to confirm the legitimacy of the relationship. Background checks and medical exams are also part of the process.
- Approval and Entry
Once approved, the family member can enter the U.S. (if abroad) or receive permanent residency (if already in the country).
Source: Pexels
Financial Sponsorship and Public Charge Rules
Family immigration isn’t just about proving your relationship. The sponsor must also prove they can support the incoming relative financially.
This is done through Form I-864, the Affidavit of Support. The sponsor must show that their income is at least 125 percent of the federal poverty level for their household size. If they fall short, a joint sponsor may be allowed.
Public charge concerns used to complicate this step, especially under the 2019 rule changes, but those restrictions have since been rolled back. As of 2021, U.S. Citizenship and Immigration Services (USCIS) has returned to the earlier, simpler guidance.
When to Seek Help
If your case involves unusual circumstances—such as divorce, stepchildren, prior immigration violations, or financial hardship—it’s wise to consult an experienced immigration lawyer. The stakes are high, and correcting an error after the fact is usually harder than getting it right from the beginning.
Nonprofits and legal aid organizations also offer support. You can search for accredited legal providers through the U.S. Department of Justice’s list of recognized organizations and attorneys.
