How Can I Petition for a Family Member to Come to the U.S.?
Subtitle: A Complete Guide to Understanding Family-Based Immigration in 2025
What is a Family Petition?
A family petition is the process by which a U.S. citizen or lawful permanent resident (green card holder) can request that certain family members be allowed to immigrate to the United States. The first step is filing Form I-130, Petition for Alien Relative with USCIS to establish the qualifying relationship.
Who Can Petition for Whom?
The family members you can petition for depend on your immigration status:
If you are a U.S. Citizen, you can petition for:
Spouse
Children (unmarried and married, of any age)
Parents (if you are 21 or older)
Siblings (if you are 21 or older)
If you are a Lawful Permanent Resident, you can petition for:
Spouse
Unmarried children (under 21)
Unmarried sons and daughters (21 and over)
Immediate Relatives vs. Preference Categories
Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) have no visa waiting list. All other categories fall under the family preference system, which has annual visa limits, often resulting in long wait times.
Consular Processing vs. Adjustment of Status
Adjustment of Status: Used when your family member is already in the U.S. and eligible to apply for their green card without leaving the country.
Consular Processing: Used when your family member is outside the U.S., and the process is completed at a U.S. embassy or consulate abroad.
Steps in the Process
File Form I-130 with evidence of the family relationship.
Wait for USCIS approval of the petition.
If a visa is available, proceed with either Adjustment of Status (Form I-485) or Consular Processing.
Attend the green card interview.
Common Mistakes to Avoid
Filing without proper evidence of the relationship.
Not keeping USCIS updated about address changes.
Assuming all family members can immigrate—only certain categories qualify.
Policy Updates Under the Current Administration – 2025
⚠️ Under proposed Trump-era policies:
Family-based immigration categories could face longer processing times and stricter evidence requirements.
Increased scrutiny of prior immigration violations before approval.
Possible expansion of public charge rules to deny certain petitions.
Why Contact J. Molina Immigration Law LLC
Filing a family petition is the start of your loved one’s immigration journey. Mistakes can cost years of waiting or even result in a denial.
📞 Call us at 860-474-3705 — Attorney Velez-Molina has helped countless families navigate the petition process successfully, from proving relationships to overcoming complex immigration histories.