Family Immigration

Family-Based Immigration: An Overview

Family-based immigration is the cornerstone of the U.S. immigration system. U.S. citizens and lawful permanent residents may sponsor qualifying family members for immigrant visas (green cards), provided they meet the eligibility and financial support requirements. Strasser Asatrian LLC guides families through every stage of the process, from the initial petition through final approval of residence.

Immediate Relative Petitions

Spouses, unmarried children under 21, and parents of U.S. citizens are classified as “immediate relatives.” This is the fastest family-based immigration category because there is no annual numerical cap—a visa is always immediately available once the petition is approved.

• Spouses of U.S. citizens (IR-1/CR-1): We handle both adjustment of status (for spouses already in the U.S.) and consular processing (for spouses abroad), including cases involving conditional permanent residence for marriages less than two years old, and the subsequent I-751 petition to remove conditions.
• Children of U.S. citizens (IR-2): Unmarried children under 21 of U.S. citizens qualify as immediate relatives. The Child Status Protection Act (CSPA) may preserve a child’s eligibility even if they age out during a lengthy process.
• Parents of U.S. citizens (IR-5): Adult U.S. citizens (age 21 or older) may petition for their parents. We manage both adjustment and consular processing pathways.

Family Preference Visa Categories

Family members outside the immediate relative category are subject to annual numerical limits and must wait for a visa number to become available. The current preference categories are:

• F-1 (First Preference): Unmarried adult children (21 or older) of U.S. citizens.
• F-2A: Spouses and unmarried children under 21 of lawful permanent residents.
• F-2B: Unmarried adult children of lawful permanent residents.
• F-3 (Third Preference): Married children of U.S. citizens.
• F-4 (Fourth Preference): Siblings of U.S. citizens.

Waiting times in preference categories can range from a few months to several decades, depending on the category and the applicant’s country of birth. We monitor the DOS Visa Bulletin and advise clients on the most current priority dates and chargeability rules.

Adjustment of Status

Qualifying individuals who are already in the United States may “adjust status” to permanent residence without leaving the country by filing Form I-485. We prepare the complete adjustment packet, including medical examination, biometric appointments, interview preparation, and work authorization (EAD) and travel document (Advance Parole) applications filed concurrently.

Consular Processing

When the intending immigrant is abroad, the case is processed through a U.S. consulate. We prepare the DS-260 immigrant visa application, coordinate the NVC document submission process, and thoroughly prepare clients for the consular interview. We also advise on potential bars to admission (prior unlawful presence, criminal history, prior orders of removal) and available waivers. In cases where someone faces removal proceedings, our removal defense team works alongside the family immigration process.

Unlawful Presence Waivers (I-601A)

Individuals who accrued unlawful presence in the United States and then departed may face 3- or 10-year bars to reentry. The provisional unlawful presence waiver (Form I-601A) allows certain qualifying individuals to apply for a waiver before departing for their consular interview, reducing separation time from years to weeks. We evaluate waiver eligibility and handle the full I-601A process.

Removing Conditions on Residence (I-751)

Spouses who receive conditional permanent residence (a two-year green card) must file a joint petition (Form I-751) within the 90-day window before the card expires. We handle joint petitions as well as waiver petitions for those who cannot file jointly due to divorce, abuse, or extreme hardship. Once permanent residence is secured, many clients turn to naturalization and citizenship as their next step.