Family-Based Immigration

Family-based immigration is the foundation of the United States immigration system, designed to allow U.S. citizens and Lawful Permanent Residents (Green Card holders) to sponsor certain close relatives for lawful status. At Gonzalez Law Offices, we recognize that behind every petition is a family trying to stay together or reunite. We provide clear, reassuring guidance to help you sponsor your spouse, parents, children, or siblings without getting lost in bureaucratic delays.

Step 1

Establishing the Relationship (Form I-130): The U.S. citizen or permanent resident petitioner files a visa petition with U.S. Citizenship and Immigration Services (USCIS) to prove that a valid, legally recognized family relationship exists with the beneficiary relative.

Step 2

Securing the Visa or Legal Status: Once the petition is approved, the beneficiary relative applies for their actual Green Card. If they are already legally inside the U.S., this is done through an Adjustment of Status application. If they live abroad, they complete this step via Consular Processing at a U.S. Embassy or Consulate in their home country.

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Frequently Asked Questions

Who counts as an "Immediate Relative"?

Spouses, unmarried children under the age of 21, and parents of U.S. citizens (if the citizen is at least 21 years old). Visas are always immediately available for this group, meaning there is no waiting list.

What are "Family Preference Categories"?

Relatives who are not immediate relatives (such as siblings of citizens, or spouses and children of Green Card holders) fall into preference categories. These are subject to annual numerical limits, meaning applicants must track their priority dates on the monthly Visa Bulletin.

Common Misconceptions

The Myth: Marrying a U.S. citizen automatically makes an immigrant a citizen or gives them a legal status right away.

The Reality: Marriage only grants eligibility to apply for permanent residence. Sponsoring a spouse requires extensive documentation to prove the marriage was entered into in good faith, followed by a formal immigration interview.

Immigration Myths vs. Facts
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Contact Our Office to Schedule a Consultation

Choosing the wrong application track or going to court unprepared can result in critical delays or unexpected family separation. When you are ready to review your unique history and discuss specific legal options with an experienced attorney, please contact our Rhode Island office to arrange a formal evaluation.

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