Family Green Cards

California Family-Based Immigration & Family Petition Attorneys

Considering a family-based green card? Here is what to know.

• Yaghmai Law Firm represents petitioning U.S. citizens, lawful permanent residents, and beneficiary family members worldwide from our Los Angeles office.
• We handle Form I-130 petitions for immediate relatives (IR-1, IR-2, IR-5 under INA 201(b)) and family-sponsored preference categories (F1, F2A, F2B, F3, F4 under INA 203(a)).
• Eligibility framework: a qualifying family relationship must exist at filing and continue through adjudication. USCIS adjudicates by preponderance of the evidence (USCIS Policy Manual Vol. 6 Part B Ch. 2).
• Strategy sessions are available remotely worldwide. Multilingual representation in English, French, and Persian (Farsi); Spanish via interpreter.
• Schedule a strategy session or send us your case details.

Family-based immigration is the largest path to U.S. permanent residence. Two structurally different tracks live inside this category: immediate relatives of U.S. citizens, who face no annual numerical limit (INA 201(b)(2) / 8 U.S.C. 1151(b)(2)), and family-sponsored preference relatives, who are subject to annual caps and country chargeability under INA 203(a) / 8 U.S.C. 1153(a). The path the case takes is determined by the petitioner’s status (U.S. citizen or lawful permanent resident) and the relationship to the beneficiary.

Yaghmai Law Firm prepares Form I-130 petitions, manages priority-date and Visa Bulletin tracking, handles Child Status Protection Act (CSPA) calculations under INA 203(h), and routes cases between adjustment of status under INA 245 and consular processing under INA 221/222 once a visa number becomes available. Strategy sessions are available remotely worldwide.

Below is the framework we use to plan a family-based case—categories, evidence USCIS expects, priority-date mechanics, CSPA, and the AOS vs consular decision. If you want to move directly to a planning conversation, you can schedule a strategy session or send us your case details.

Immediate Relatives vs Family-Sponsored Preference Categories

Family-based green cards live in two structurally different statutory boxes. The box determines the cap, the wait, and how derivative beneficiaries are treated.

Immediate Relatives (INA 201(b)(2) / 8 U.S.C. 1151(b)(2))

The immediate relative category covers spouses, unmarried children under 21, and parents of U.S. citizens. There is no annual numerical limit on immediate relative immigrant visas, so a priority date is never “backlogged” for these cases. The principal subcategories are:

• IR-1: spouse of a U.S. citizen (married more than two years at admission). See marriage green card for the spouse-specific workflow.
• IR-2: unmarried child under 21 of a U.S. citizen.
• IR-5: parent of a U.S. citizen who is at least 21 years old.
• CR-1: spouse of a U.S. citizen (married less than two years at admission) — treated as immediate relative but receives conditional permanent residence under INA 216.

Family-Sponsored Preference Categories (INA 203(a) / 8 U.S.C. 1153(a))

The preference categories cover broader family relationships and are capped at 226,000 family-sponsored preference immigrant visas per fiscal year (Department of State Visa Bulletin, FY 2026), with a 7% per-country limit (25,620 per country) under INA 202(a). Waits run from a few years to more than two decades depending on category and country of chargeability:

• F1: unmarried sons and daughters (21+) of U.S. citizens — 23,400 annual visas plus unused F4 numbers.
• F2A: spouses and unmarried children (under 21) of lawful permanent residents.
• F2B: unmarried sons and daughters (21+) of lawful permanent residents.
• F3: married sons and daughters (any age) of U.S. citizens — 23,400 annual visas.
• F4: brothers and sisters of adult U.S. citizens — 65,000 annual visas plus unused F1/F2/F3 numbers.

Petitioner status determines which box is even available: lawful permanent residents (green card holders) can sponsor only F2A and F2B beneficiaries. Only U.S. citizens can file for immediate relatives, F1, F3, and F4 cases. This is why naturalization timing matters — an LPR who naturalizes during a child’s I-130 wait can sometimes upgrade the case to immediate relative status and skip the queue entirely.

Fee-Forward Engagement Model

Family-based immigration matters are billed on a flat fee by default. We quote a single, written fee for the I-130 petition, the downstream filing (AOS or consular processing), and the work product needed to move the case to approval and admission. Hourly billing is reserved for matters that genuinely fit hourly better than flat — multi-jurisdictional administrative litigation, complex consular section 221(g) remediation, or removal-defense work tied to a denied or revoked petition.

You receive a written engagement letter at the outset of representation. Advance fees are held in the firm’s IOLTA (client trust) account in compliance with California Rules of Professional Conduct. We do not use a “settlement” framing for immigration matters — cases do not settle; they get approved, denied, RFE’d, NOID’d, scheduled for interview, refused under section 221(g), or revoked. Engagement terms reflect that reality.

The I-130 Petition Process

Every family-based green card begins with Form I-130 (Petition for Alien Relative) under INA 204 / 8 U.S.C. 1154. The procedure for granting immigrant status is implemented at 8 CFR 204.1 (general filing requirements) and 8 CFR 204.2 (petitions for relatives, widows, and abused spouses).

Filing Fee

The current USCIS filing fee for Form I-130 is $675 by paper or $625 online, in effect since the April 1, 2024 Final Fee Rule (USCIS G-1055 Fee Schedule). Online filing through a myUSCIS account saves $50 and provides electronic status tracking. Spouses filing concurrently with an I-485 in the United States may bundle the I-130 with adjustment-of-status filings (see our I-485 adjustment of status page for the concurrent-filing rules).

Evidentiary Standard

USCIS adjudicates by preponderance of the evidence — the petitioner must show that the qualifying relationship is more likely than not to be true (USCIS Policy Manual Vol. 6 Part B Ch. 2). The relationship must exist at the time of filing and continue through adjudication (8 CFR 204.2). For spouses, this means a bona fide marriage. For parent-child relationships, this means proof of biological, step-, or adoptive parentage that meets the INA 101(b)(1) definition of “child.”

Documentary Record

The strength of an I-130 case is set by the documentary record. We assemble birth certificates with certified translations, marriage and divorce decrees, adoption decrees, and (for cases where vital records are unavailable) secondary evidence such as religious records, school records, census records, and affidavits from family members with personal knowledge.

Interview Requirements

USCIS may require an interview in connection with an I-130 petition, particularly in marriage cases (USCIS Policy Manual Vol. 6 Part B Ch. 5). Most parent-child and sibling petitions are adjudicated on the documentary record without an interview. Where interviews are required, we prepare the petitioner and beneficiary in advance and accompany them through the appointment.

Priority Dates and the Visa Bulletin

For family-sponsored preference cases, a visa number is not available the moment the I-130 is approved. The case must wait for the priority date to become current under the Department of State Visa Bulletin.

Priority Date

The priority date is the date the I-130 was properly filed with USCIS. The priority date is the beneficiary’s place in the queue and is portable across some petition substitutions (death of petitioner, automatic conversion when an LPR petitioner naturalizes and the case upgrades from F2B to F1, etc.).

Chargeability

The waiting time depends on the beneficiary’s country of chargeability — generally the country of birth, not country of citizenship. Beneficiaries born in countries with high demand for U.S. immigrant visas (currently Mexico, the Philippines, India, and mainland China for some categories) face longer waits because of the 7% per-country limit under INA 202(a). Cross-chargeability is sometimes available where a spouse was born in a different country than the principal beneficiary.

Visa Bulletin Charts

Each monthly Visa Bulletin (published by the Department of State at travel.state.gov/visabulletin) contains two charts per category:

• Final Action Dates — the dates the State Department will actually issue an immigrant visa or USCIS will grant adjustment.
• Dates for Filing — earlier dates that allow downstream filings (DS-260 with the National Visa Center for consular cases; I-485 with USCIS for AOS cases, if USCIS elects to honor the Dates for Filing chart that month).

For all family-sponsored preference categories in the current Visa Bulletin period, USCIS has accepted the Dates for Filing chart for AOS filings, which allows eligible beneficiaries to file I-485 earlier than the Final Action Date and obtain employment authorization and advance parole during the wait. We track the Bulletin every month and notify clients when their priority date becomes current under either chart.

Child Status Protection Act (INA 203(h)) — Aging Out and CSPA Math

The Immigration and Nationality Act defines a “child” as a person who is both unmarried and under 21 years old (INA 101(b)(1) / 8 U.S.C. 1101(b)(1)). When a beneficiary turns 21 during a family-based case, the case can “age out” — meaning the beneficiary loses the qualifying child relationship before the visa is issued. Congress enacted the Child Status Protection Act in 2002 (effective August 6, 2002) to address this problem, codified for family-sponsored preference cases at INA 203(h).

CSPA Age Formula

For family-sponsored preference, employment-based preference, and diversity-visa cases, the CSPA age is calculated as:

CSPA age = (age on the date a visa number becomes available) − (number of days the I-130 was pending with USCIS).

Example: a beneficiary is 21 years and 4 months old on the date a visa number becomes available, and the I-130 was pending with USCIS for 6 months. CSPA age = 21 years 4 months − 6 months = 20 years 10 months. The beneficiary qualifies as a child for immigration purposes despite being over 21 chronologically.

August 2025 Policy Update

USCIS updated its CSPA Policy Manual guidance in August 2025 (PA-2025) to clarify that, for CSPA age-calculation purposes, a visa is considered “available” based on the Final Action Dates chart of the Visa Bulletin (USCIS Policy Manual Vol. 7 Part A Ch. 7). This applies to CSPA requests filed on or after August 15, 2025 and is material for beneficiaries who filed I-485 under a Dates for Filing chart that later moved relative to Final Action.

“Sought to Acquire” Requirement

To benefit from CSPA, the beneficiary must seek to acquire lawful permanent residence within one year of when the visa number became available — by filing the I-485 (for AOS) or paying the visa fee bill at the National Visa Center and submitting the DS-260 (for consular processing). Missing the one-year window forfeits CSPA protection.

Immediate relative cases under INA 201(b) use a different CSPA rule: the child’s age is locked at the date the I-130 was filed, regardless of how long adjudication takes. There is no annual numerical cap, so “visa availability” is not the trigger.

AOS vs Consular Processing for Family Cases

Once a visa number is current, the beneficiary takes one of two routes to permanent residence. The choice depends on where the beneficiary is physically located and on their immigration history.

Adjustment of Status (Form I-485, INA 245)

If the beneficiary is physically present in the United States in lawful status (or otherwise eligible under INA 245(a), 245(i), or 245(k) exceptions), they can apply for a green card from inside the U.S. by filing Form I-485 with USCIS. AOS lets the applicant remain in the country during processing and apply for employment authorization (Form I-765) and advance parole (Form I-131) concurrently. For immediate relatives, AOS may be filed concurrently with the I-130. For family-sponsored preference cases, AOS can be filed when the priority date is current under the Visa Bulletin chart USCIS has accepted for that month. See our I-485 adjustment of status page for the full statutory eligibility framework.

Consular Processing (DS-260, INA 221 and 222)

If the beneficiary is outside the United States — or inside the U.S. but not AOS-eligible — the case routes through consular processing. After I-130 approval, the petition transfers to the Department of State’s National Visa Center, the beneficiary pays visa fees and files Form DS-260 with civil and financial documents, and the case is scheduled for an immigrant visa interview at a U.S. embassy or consulate abroad. See our consular processing page for the NVC and embassy-interview workflow.

Decision Framework

The choice between AOS and consular processing is not always free. Beneficiaries who are subject to INA 245(c) bars (overstay of nonimmigrant status, employment without authorization, certain entry violations) may be limited to consular processing unless they qualify for the INA 245(i) grandfather clause (priority date on file before April 30, 2001) or, for employment-based cases, the INA 245(k) 180-day exception. Beneficiaries who depart the U.S. with more than 180 days of unlawful presence may trigger the INA 212(a)(9)(B) three- or ten-year bars upon departure, which must be waived through Form I-601A (provisional unlawful presence waiver) before consular processing can succeed. We plan the routing decision before the I-130 is filed wherever possible, because the choice of route shapes the documentary record.

Common Pitfalls in Family-Based Cases

We see the same handful of failure modes recur across denied or delayed family-based cases. Most are preventable at the I-130 stage with careful documentation and routing decisions.

Bona Fide Relationship Documentation

For marriage cases, USCIS scrutinizes whether the marriage was entered into in good faith or solely to confer an immigration benefit (INA 204(c)). A documentary record showing combined finances, shared residence, joint communications, photos with friends and family across the duration of the relationship, and supporting affidavits is essential. Sparse records or inconsistent timelines invite Requests for Evidence (RFEs) and second-interview referrals (the “Stokes interview”). For step- and adoptive-parent cases, the qualifying relationship must satisfy the timing and residency requirements in INA 101(b)(1).

Aging Out Without CSPA Protection

Beneficiaries who turn 21 during a family preference wait can lose child status unless CSPA protects them under INA 203(h). The most common error is missing the one-year “sought to acquire” deadline after the visa number becomes available. Track the priority date monthly and file (or pay the NVC fee bill) within twelve months of availability.

Derivative Beneficiary Issues

Spouses and unmarried children of preference-category principal beneficiaries are derivatives under INA 203(d) and travel with the principal. Immediate relative cases do not have derivatives — each immediate relative needs a separate I-130 (8 CFR 204.2(a)(4)). Misclassifying a derivative as an immediate relative beneficiary causes case rejection.

Abandonment of Lawful Permanent Resident Status

An LPR petitioner who spends extended periods abroad can be deemed to have abandoned LPR status, which retroactively destroys the petition (because only an LPR or U.S. citizen can be a qualifying petitioner). LPR petitioners with long-duration absences should obtain a reentry permit (Form I-131) before departure or, for the longest absences, naturalize before filing the I-130.

Prior Immigration Violations

Beneficiaries with prior overstays, removal orders, misrepresentations, criminal history, or unlawful entries may be inadmissible under INA 212(a). The case strategy must include the applicable waiver (I-601 or I-601A) and a plan to demonstrate “extreme hardship” to a qualifying U.S. citizen or LPR relative. We screen for inadmissibility at the strategy session before filing the I-130.

Public Charge and Affidavit of Support

Family-based applicants are subject to the public charge ground of inadmissibility (INA 212(a)(4)). The petitioner must file Form I-864, Affidavit of Support, demonstrating income at or above 125% of the Federal Poverty Guidelines for the household size. Joint sponsors are available where the petitioner’s income is insufficient. The I-864 is a contractually binding undertaking that survives divorce.

Federal Law and USCIS Policy

Family-based immigration adjudication runs on a defined statutory and regulatory framework. The principal authorities we work with on every case:

• INA 201(b) / 8 U.S.C. 1151(b) — immediate relative classification (uncapped). Read on Cornell LII at law.cornell.edu/uscode/text/8/1151.
• INA 202(a) / 8 U.S.C. 1152(a) — numerical limitations and the 7% per-country cap.
• INA 203(a) / 8 U.S.C. 1153(a) — family-sponsored preference categories F1, F2A, F2B, F3, F4.
• INA 203(h) / 8 U.S.C. 1153(h) — Child Status Protection Act age formula for preference cases.
• INA 204 / 8 U.S.C. 1154 — procedure for granting immigrant status (Form I-130 petitions).
• INA 101(b)(1) / 8 U.S.C. 1101(b)(1) — definition of “child” (biological, step-, adoptive, legitimated).
• INA 212(a) / 8 U.S.C. 1182(a) — inadmissibility grounds, including 212(a)(4) public charge and 212(a)(9)(B) unlawful presence bars.
• INA 216 / 8 U.S.C. 1186a — conditional permanent residence for marriages under two years at admission (CR-1, joint I-751 petition).
• INA 245 / 8 U.S.C. 1255 — adjustment of status from nonimmigrant to lawful permanent resident.
• 8 CFR 204.1 — general filing requirements for immediate relative and family-sponsored petitions.
• 8 CFR 204.2 — petitions for relatives, widows and widowers, and abused spouses and children.
• USCIS Policy Manual Volume 6 (Immigrants), Part B — Family-Based Immigrants, current as of May 2026, available at uscis.gov/policy-manual/volume-6-part-b. The current statement of USCIS adjudication policy for I-130 eligibility, documentation, interviews, and decisions.
• USCIS Policy Manual Volume 7 (Adjustment of Status), Part A Chapter 7 — CSPA age calculation policy (August 2025 update).
• Form I-130 + I-130A — current filing fees $675 paper / $625 online per USCIS G-1055 Fee Schedule (in effect since April 1, 2024).
• Department of State Visa Bulletin — authoritative source for chargeability cutoffs (Final Action Dates and Dates for Filing), published monthly at travel.state.gov/visabulletin.

These authorities are public. The strategy is in how they apply to your specific facts — petitioner status, beneficiary’s country of chargeability and current location, family structure, and any prior immigration history that touches inadmissibility.

Why Choose Yaghmai Law Firm for Your Family Green Card Case

Family-based immigration looks straightforward on the form, but the work is the documentation strategy, the priority-date and CSPA math, and the routing decision between adjustment of status and consular processing. We prepare every I-130 to read clearly to a USCIS adjudicator on first review, and we plan the downstream consular or AOS phase before we file the petition.

“Most of the family-based denials we see started as a documentation problem at the I-130 stage. We build the evidentiary record so that the qualifying relationship is obvious on the face of the petition, then we track the priority date and protect the children’s ages under CSPA before the visa becomes available.”

— Houtan Yaghmai, Esq., President & Managing Attorney

We represent petitioners and beneficiaries statewide and worldwide, conduct strategy sessions remotely, and offer multilingual representation in English, French, and Persian (Farsi), with Spanish available through interpreter.

Family-Based Green Card FAQs

Who qualifies as an “immediate relative” for a family green card?

Under INA 201(b)(2) / 8 U.S.C. 1151(b)(2), immediate relatives are the spouse, unmarried child under 21, and parent (where the U.S. citizen petitioner is at least 21) of a U.S. citizen. Immediate relatives are not subject to any annual numerical cap, so visa numbers are always available and there is no priority-date wait. The subcategories include IR-1 (spouse), IR-2 (child under 21), and IR-5 (parent), plus CR-1 (spouse where marriage is less than two years old at admission, which results in conditional permanent residence under INA 216).

What are the family-sponsored preference categories and how long is the wait?

Under INA 203(a) / 8 U.S.C. 1153(a), the preference categories are F1 (unmarried adult sons/daughters of U.S. citizens), F2A (spouses and minor children of LPRs), F2B (unmarried adult sons/daughters of LPRs), F3 (married sons/daughters of U.S. citizens), and F4 (siblings of adult U.S. citizens). These categories share an annual cap of 226,000 family-sponsored preference visas with a 7% per-country limit (25,620 per country). Waits vary by category and country of chargeability and currently range from a few years to more than two decades. Check the Department of State Visa Bulletin at travel.state.gov for current cutoffs.

Can a green card holder (LPR) file an I-130 for a relative?

Yes, but only for specific relatives. LPRs can file I-130s for spouses and unmarried children of any age under family preference category F2A (spouse/minor child) or F2B (adult unmarried son/daughter). LPRs cannot file for parents, married children, or siblings — those categories require a U.S. citizen petitioner. If an LPR naturalizes during a pending I-130, the case can sometimes upgrade automatically: an F2A spouse becomes an immediate relative (no annual cap), and an F2B becomes F1 or, if the child marries, F3.

How does the Child Status Protection Act (CSPA) work for family cases?

CSPA was enacted in 2002 to prevent children from aging out of family-based cases due to USCIS processing delays. For family-sponsored preference cases under INA 203(h), the formula is: CSPA age = (age on the date a visa number becomes available) minus (number of days the I-130 was pending with USCIS). The beneficiary must also “seek to acquire” lawful permanent residence within one year of visa availability (file I-485 or pay the NVC fee bill). For immediate relative cases under INA 201(b), the child’s age is locked at the date the I-130 was filed. As of August 2025, USCIS uses the Final Action Dates chart of the Visa Bulletin to determine when a visa is “available” for CSPA purposes (USCIS Policy Manual Vol. 7 Part A Ch. 7).

What is the current Form I-130 filing fee?

The Form I-130 filing fee is $675 by paper or $625 online (per USCIS G-1055 Fee Schedule, in effect since April 1, 2024). Online filing through a myUSCIS account saves $50 and lets you track case status electronically. There is no premium processing for Form I-130. Additional fees apply for downstream filings — I-485 (AOS) is $1,440 by paper or $1,375 online for principal applicants, and the immigrant visa fee for consular processing is paid to the National Visa Center after I-130 approval.

How long does an I-130 case take to get approved?

USCIS processing times for Form I-130 vary by service center and case complexity. As a general planning benchmark, expect roughly 9 to 18 months for typical I-130 adjudication, with longer times for marriage cases that require interviews or RFEs. Approval of the I-130 only establishes the qualifying relationship and assigns a priority date; for preference-category beneficiaries, the wait for a visa number under the Visa Bulletin can add years or decades on top of the I-130 adjudication time. Check the USCIS processing-time tool at egov.uscis.gov for current center-specific estimates.

My I-130 was approved — what happens next?

After I-130 approval, the case routes one of two ways. If the beneficiary is in the United States and AOS-eligible under INA 245, the case proceeds to Form I-485 with USCIS. If the beneficiary is abroad or otherwise consular-only, the petition transfers to the Department of State’s National Visa Center, where the beneficiary pays visa fees, submits Form DS-260 and civil/financial documents, and waits for scheduling at a U.S. embassy or consulate. Preference-category beneficiaries cannot file the downstream step until the priority date is current under the Visa Bulletin chart in effect. See our I-485 adjustment of status and consular processing pages for the workflows.

Can I file an I-130 if my relative entered the U.S. without inspection or overstayed a visa?

An I-130 can be filed regardless of the beneficiary’s immigration status — the petition only establishes the qualifying family relationship. The downstream filing (AOS or consular) is what gets restricted by prior immigration history. Beneficiaries who entered without inspection generally cannot adjust status in the U.S. under INA 245(a) unless they qualify for the INA 245(i) grandfather clause (an immigrant petition or labor certification on file by April 30, 2001). For inadmissibility under INA 212(a)(9)(B) due to unlawful presence, a Form I-601A provisional unlawful presence waiver may be available before consular processing. Screen for inadmissibility before filing — the routing decision shapes the case strategy.

Related Immigration Practice Areas

Family-based cases frequently cross over into other immigration practice areas. Explore related pages or visit our immigration hub for the full menu.

• Immigration Practice Overview
• Marriage Green Card (Spouse of U.S. Citizen or LPR)
• Adjustment of Status (I-485) Lawyer
• Consular Processing (Immigrant Visa Abroad)
• Naturalization & U.S. Citizenship (After the Green Card)
• Immigration FAQs
• Contact Yaghmai Law Firm

Reviewed by Houtan Yaghmai, Esq., President & Managing Attorney. Admitted to practice law in California (State Bar No. 298487). He represents immigration and personal injury clients statewide and worldwide.

Last updated: May 19, 2026.