Bringing a Family Member to the U.S.
The complete affirmative process allowing U.S. citizens and Lawful Permanent Residents to sponsor foreign relatives for permanent immigration and lawful entry through a U.S. Embassy or Consulate.
1. Overview of the Process & Reasons to Pursue
Bringing a family member to live permanently in the United States requires navigating a multi-agency process spanning U.S. Citizenship and Immigration Services (USCIS), the Department of State National Visa Center (NVC), and the U.S. Embassy or Consulate in the relative's home country. The petitioning U.S. citizen or permanent resident must first establish a qualifying family relationship through Form I-130. Once approved and an immigrant visa is available under statutory quotas, the beneficiary completes consular processing abroad, undergoes a panel physician medical exam, and attends an immigrant visa interview.
Why Someone Pursues This Process / How One Enters It
This process achieves legal family reunification, allowing foreign spouses, children, parents, and siblings to obtain permanent legal resident status upon arrival at a U.S. port of entry. Unlike temporary visitor visas (which prohibit immigrant intent), an immigrant visa grants immediate permanent residency, work authorization, and a clear path toward future U.S. citizenship.
2. How Long the Process Usually Takes
Immediate Relatives (spouses, minor unmarried children, parents of adult U.S. citizens): 12 to 24 months total. Family Preference Categories (F1, F2A, F2B, F3, F4): 2 to 25+ years depending on Visa Bulletin priority dates and the beneficiary's country of chargeability (e.g., Mexico and the Philippines face significant quota backlogs).
3. Forms That Need to Be Completed
Successfully completing this process involves preparing and submitting official government petitions and affidavits:
Form I-130 & I-130A
Petition for Alien Relative & Supplemental Information for Spouse
Form DS-260
Online Immigrant Visa and Alien Registration Application (Department of State / CEAC)
Form I-864 / I-864A
Affidavit of Support Under Section 213A of the INA & Contract Between Sponsor and Household Member
Form DS-5540
Public Charge Questionnaire (if requested by consular post)
Form G-28
Notice of Entry of Appearance as Attorney
4. Supporting Evidence & Documentation Checklist
In immigration proceedings, the applicant carries the burden of proof. A complete evidentiary packet must include:
- Petitioner's proof of U.S. citizenship (U.S. passport, birth certificate, naturalization certificate) or Lawful Permanent Resident card
- Beneficiary's valid foreign passport and certified long-form birth certificate with certified English translation
- Proof of qualifying relationship (marriage certificate, divorce decrees from prior marriages, adoption decrees, or paternity records)
- Evidence of bona fide marriage (joint financial accounts, shared leases/property deeds, photographic records across relationship history, affidavits of third parties)
- Form I-864 financial evidence: IRS tax transcripts for the most recent tax year (up to 3 years recommended), W-2s, pay stubs, and employment verification letter
- Police clearance certificates from the beneficiary's country of nationality and every country where they resided for 6+ months after age 16
- Approved medical examination from an authorized Department of State panel physician
Before filing, you must audit your entire background for statutory bars, criminal inadmissibility, and prior immigration violations. Any of the following issues can lead to immediate denial, forfeiture of filing fees, or removal proceedings:
- Petitioner Financial Inability: Inability to meet 125% of the Federal Poverty Guidelines on Form I-864 without an eligible joint sponsor.
- Adam Walsh Act Conviction: Petitioners convicted of specified offenses against a minor are prohibited from sponsoring family members unless an extraordinary DHS waiver is granted.
- Criminal Grounds of Inadmissibility: Beneficiary convictions for Crimes Involving Moral Turpitude, drug offenses, or aggravated felonies (INA § 212(a)(2)).
- Prior Unlawful Presence & Deportation Bars: Beneficiaries who previously accumulated unlawful presence in the U.S. and departed are subject to 3-year, 10-year, or permanent bars (INA § 212(a)(9)).
- Prior Marriage Fraud: Permanent statutory bar under INA § 204(c) if the beneficiary entered into a previous marriage to evade immigration laws.
- False Claim to U.S. Citizenship: Misrepresenting oneself as a U.S. citizen carries a lifetime bar without a waiver.
6. Government Filing Fees
Government filing fees are strictly non-refundable and set by federal regulation (USCIS, EOIR, and Department of State fee schedules):
Note: Government fees are subject to periodic regulatory updates. Fee waivers (Form I-912 or EOIR-26A) may be available for qualifying indigent applicants on select forms.
7. Possible Adjudication Outcomes
Upon review by the adjudicating agency, asylum office, or court, this process can lead to the following formal outcomes:
- Immigrant Visa Issued: Foil placed in beneficiary's passport; beneficiary travels to the U.S. and becomes an LPR upon CBP admission.
- 221(g) Administrative Processing: Consular officer refuses visa temporarily pending missing documents or interagency security checks.
- Visa Refusal: Officer determines beneficiary is legally inadmissible under INA § 212(a) and refers file for waiver or revocation.
- Petition Revocation (NOIR): Consular officer returns the underlying I-130 to USCIS recommending revocation due to suspected fraud.
8. What Can Be Done If Your Outcome Is Negative?
If the consular post refuses the visa under Section 221(g), submit the missing documents within one year to prevent petition termination. If refused under a waivable inadmissibility ground (such as unlawful presence or certain criminal offenses), file Form I-601 (Application for Waiver of Grounds of Inadmissibility) or Form I-212 (Consent to Reapply). If the petition is returned to USCIS with a Notice of Intent to Revoke (NOIR), counsel must file a detailed legal and factual rebuttal. For severe delays or unlawful agency action, seek an Advisory Opinion from the Department of State Visa Office or file a Federal Mandamus action.
9. Range of Legal Fees Charged by Lawyers
$3,000 to $6,500 typical flat attorney fee (covering both the USCIS I-130 petition phase and the NVC/Consular processing stage; complex waivers or joint sponsors billed separately).
At JBC Law Office, attorney Joseph B. Caraccio provides transparent flat-fee representation with written retainer agreements, personalized evidentiary assembly, and direct attorney communication at every step.