The journey to unite your family in the United States is one of hope, but the immigration process can feel complicated and intimidating. For U.S. Citizens and Lawful Permanent Residents (Green Card holders) looking to bring their loved ones to Houston, the foundation of the entire process is filing the Form I-130, Petition for Alien Relative.
This guide is designed by an experienced Houston immigration lawyer to clearly explain who can be sponsored, the two main visa categories, and the critical steps involved in securing a Family-Based Green Card.
The Two Pillars of Family-Based Immigration
The U.S. immigration system divides family petitions into two main categories, which critically affect the processing time.
1. Immediate Relatives (IR) of U.S. Citizens
This category has no annual limit on the number of visas issued, meaning wait times are significantly shorter. Immediate Relatives include:
- Spouses of U.S. citizens.
- Unmarried children under the age of 21 of U.S. citizens.
- Parents of U.S. citizens (if the U.S. citizen is 21 or older).
Once the Form I-130 is approved, the foreign national can usually apply for their Family-Based Green Card (either via Adjustment of Status in the U.S. or Consular Processing abroad) much faster, as there is no visa backlog.
2. Family Preference Categories (F)
These categories have annual limits on the number of visas available, resulting in a backlog and significant wait times determined by the Priority Date (the date the I-130 was filed).
The four Family Preference Categories are:
- F1: Unmarried sons and daughters (age 21 and older) of U.S. citizens.
- F2A: Spouses and minor children (under 21) of Lawful Permanent Residents (LPRs).
- F2B: Unmarried sons and daughters (age 21 and older) of LPRs.
- F3: Married sons and daughters of U.S. citizens.
- F4: Brothers and sisters of U.S. citizens (if the U.S. citizen is 21 or older).
If your relative falls into one of these categories, an experienced Houston immigration lawyer will closely monitor the Visa Bulletin to estimate when your relative’s Family-Based Green Card becomes available.
Step-by-Step: The I-130 Petition Process
Filing the Form I-130 correctly is paramount, as errors can lead to Request for Evidence (RFE) notices or outright denial, causing months or years of delay.
Step 1: Establishing the Relationship (Form I-130 Filing)
The U.S. citizen or Lawful Permanent Resident (the Petitioner) files the I-130 with U.S. Citizenship and Immigration Services (USCIS). The purpose is to legally prove the bona fide (genuine) family relationship.
- Crucial Evidence: This stage requires documentation like marriage certificates, birth certificates, and, crucially, proof of the genuine nature of the relationship (e.g., joint bank accounts, photos, utility bills, and correspondence for spouses).
- Priority Date: For the Preference Categories, the date USCIS receives your I-130 becomes the Priority Date, which holds your family’s place in line.
Step 2: The Affidavit of Support (Form I-864)
The Petitioner must file Form I-864, Affidavit of Support, a legally binding document confirming they can financially support the intending immigrant at a level that is 125% above the federally mandated poverty line. This ensures the immigrant will not become a “public charge” upon arrival.
Step 3: Application for Permanent Residence
Once the I-130 is approved and a visa number is available (if applicable):
- Consular Processing: If the relative is abroad, the case moves to the National Visa Center (NVC) and then to a U.S. Embassy or Consulate for an interview.
- Adjustment of Status (AOS): If the relative is legally present in the U.S. (usually Immediate Relatives), they may file Form I-485 to adjust their status to a permanent resident without leaving the country.
The Value of a Houston Immigration Lawyer
Immigration law is constantly changing, and what works for one family may not work for another. A qualified Houston immigration lawyer provides invaluable service by:
- Ensuring Correct Filing: Preventing costly mistakes on the Form I-130 and related documents.
- Handling Complex Issues: Addressing issues like previous visa overstays, criminal history, or inadmissibility waivers.
- Preparing for Interviews: Thoroughly preparing family members for USCIS and Consular interviews, which are often the most stressful part of the process.
- Expediting Processing: Monitoring government processing times and filing necessary inquiries to keep your case moving.
Start Your Family’s Journey Today
Don’t let the complexity of the Family-Based Green Card process keep your loved ones apart. Get clear, professional guidance from an experienced Houston Immigration Lawyer who understands the local USCIS field office and the national visa process. Contact us today for a consultation to discuss your Form I-130 petition and take the first step toward uniting your family.
