Family Immigration

Family-based immigration allows U.S. citizens and lawful permanent residents (green card holders) to sponsor certain relatives for lawful permanent residency. However, not every family relationship qualifies, and eligibility depends on both the sponsor’s immigration status and the specific family relationship. Understanding who qualifies is one of the most important first steps in the process.

U.S. citizens have the broadest sponsorship options. They may petition for their spouses, unmarried children under 21, unmarried sons or daughters over 21, married sons or daughters of any age, parents (if the U.S. citizen is at least 21 years old), and siblings. These categories are divided into “immediate relatives” and “family preference” categories. Immediate relatives—spouses, parents, and unmarried children under 21—do not face annual visa limits, which usually means faster processing. Other relatives fall under preference categories and may face long waiting periods due to visa caps.

Lawful permanent residents have more limited options. Green card holders may petition for their spouses and unmarried children (both under and over 21). They cannot sponsor parents, married children, or siblings. These cases fall under family preference categories and often involve waiting for a visa number to become available before the process can move forward.

In all family-based cases, the sponsor must also meet financial requirements. This includes demonstrating the ability to financially support the immigrating family member by submitting an affidavit of support and related financial documents. If the sponsor does not meet income requirements alone, a joint sponsor may sometimes be used.

Family immigration is not just about paperwork—it also involves planning, timing, and understanding how long the process may take. At Trujillo Law Group, we help families understand who qualifies, what category applies, and what realistic timelines look like based on current immigration law. Our goal is to help families move forward with clear expectations and a strategy that avoids unnecessary delays.

The length of the family immigration process varies widely depending on the relationship, the sponsor’s status, visa availability, and where the beneficiary is located. Some cases move relatively quickly, while others take many years. Understanding these timelines early can help families plan and avoid frustration.

Immediate relative cases for U.S. citizens—such as spouses, parents, and unmarried children under 21—are generally the fastest. Because these categories are not subject to annual visa limits, the main factors affecting timing are USCIS processing times and whether the beneficiary is applying from inside the U.S. (adjustment of status) or abroad (consular processing). Even in these cases, processing can take many months, especially if USCIS issues requests for additional evidence.

Family preference categories are subject to annual visa caps, which means applicants must wait for a visa number to become available. This waiting period can range from a few years to over a decade, particularly for siblings of U.S. citizens or adult children from countries with high demand. The U.S. Department of State publishes a monthly Visa Bulletin that helps determine when a case can move forward.

Other factors can also affect timing. Incomplete applications, missing documents, prior immigration violations, criminal history, or security checks can slow a case significantly. Processing times also vary depending on government workload and policy changes.

At Trujillo Law Group, we help families understand where their case fits in the system and what timeline is realistic. We explain whether a case is likely to move quickly or require patience, and we help clients plan for work authorization, travel limitations, and family separation issues when applicable. Clear expectations are critical to reducing stress during a long process.

The distinction between immediate relatives and family preference categories is one of the most important concepts in family immigration. It directly affects how long a case will take and whether visa availability is an issue.

Immediate relatives are certain close family members of U.S. citizens. This group includes spouses of U.S. citizens, unmarried children under 21 of U.S. citizens, and parents of U.S. citizens (as long as the sponsoring child is at least 21 years old). Immediate relatives are not subject to annual visa limits, which means there is always a visa available once the petition is approved. This generally results in faster processing compared to other family categories.

Family preference categories apply to other qualifying family relationships, such as adult children of U.S. citizens, siblings of U.S. citizens, and most family members sponsored by green card holders. These categories are subject to yearly numerical limits. When demand exceeds supply, applicants must wait—sometimes for many years—before they can move forward with the final steps of immigration.

The preference system is divided into multiple categories, each with its own priority date system. Your place in line is determined by the date the petition is filed. The Visa Bulletin shows which priority dates are currently being processed.

Understanding which category applies to your case is essential for planning. Immediate relative cases often allow families to proceed more quickly, while preference cases require long-term planning and patience. At Trujillo Law Group, we help families understand their category, track visa availability, and prepare for the next steps when a case becomes current.

Marriage-based immigration cases require careful documentation to prove that the marriage is genuine and not entered into solely for immigration purposes. USCIS examines these cases closely, and strong evidence is critical to avoid delays or denials.

Basic required documents typically include a valid marriage certificate, proof of termination of any prior marriages, identity documents, and evidence of lawful entry when applicable. Beyond these basics, USCIS expects proof that the couple has built a real life together.

Common evidence includes joint leases or mortgages, shared bank accounts, joint insurance policies, utility bills showing the same address, photos together over time, travel records, affidavits from friends or family, and evidence of shared responsibilities. No single document proves a marriage is real; USCIS looks at the total picture.

Interviews are common in marriage-based cases. During the interview, officers may ask questions about daily routines, relationship history, finances, and future plans. Inconsistent or vague answers can raise concerns.

At Trujillo Law Group, we help couples gather, organize, and present evidence clearly. We also prepare clients for interviews so they understand what to expect and how to answer questions honestly and confidently.

In some cases, yes—but undocumented status creates additional legal challenges that must be evaluated carefully. Whether an undocumented family member can be sponsored depends on how they entered the U.S., how long they have been present, and whether any immigration violations or bars apply.

Some individuals who entered the U.S. lawfully but overstayed may still qualify for adjustment of status, particularly if they are immediate relatives of U.S. citizens. Others who entered without inspection may need to pursue consular processing abroad, which can trigger reentry bars unless a waiver is approved.

Because the risks vary significantly, undocumented family cases should never be approached casually. Leaving the U.S. without proper planning can result in long-term separation.

At Trujillo Law Group, we analyze undocumented family cases carefully, explain risks clearly, and help families decide on the safest legal strategy.

U.S. citizens who are at least 21 years old may petition for their parents and siblings. Parents are considered immediate relatives and typically face shorter processing times. Siblings fall under a family preference category and often face long waiting periods due to visa limits.

Green card holders cannot petition for parents or siblings. Only U.S. citizens have that ability.

Petitioning for parents often involves proving the parent-child relationship and meeting financial sponsorship requirements. Sibling cases involve extended timelines and require patience.

We help families understand whether petitioning makes sense now or whether other options should be considered.

Consular processing involves completing the immigration process at a U.S. consulate abroad. Adjustment of status allows eligible applicants to apply for a green card while remaining in the U.S.

Which option applies depends on where the applicant is located and whether they qualify to adjust status. Each option has different risks and timelines.

Choosing the wrong process can create serious complications. We help families choose the safest option based on their circumstances.

A denial does not always mean the end of the road, but it must be handled carefully. Denials can result from missing evidence, eligibility issues, or credibility concerns.

Some denials can be corrected by refiling, while others may require appeals or alternative strategies. Understanding the reason for denial is critical.

We help clients review denial notices and identify realistic next steps.