(212) 687-3272

271 Madison Avenue | 12th Floor | New York, NY 10016

Family Based Immigration

U.S. Citizens may sponsor their spouses, children, parents and brother/sisters for permanent residence. Legal Permanent Residents may sponsor their spouses and children under age 21. We can assist you in obtaining permanent residence through a family-based immigrant visa if you qualify under one of these requirements:

  • You are an immediate relative of a U.S. citizen, such as a parent, child or spouse
  • You are the adult child, married or unmarried, of a U.S. citizen
  • You are the spouse or unmarried child of a lawful permanent resident
  • You are the brother or sister of a U.S. citizen
  • You are being adopted by a U.S. citizen

Immediate Relatives

  • Immediate Relatives are the spouses, children and parents of US citizens. In order for parents to petition for a child, the child must be unmarried and under the age of 21. Children may petition for their parents if the petitioning son or daughter is at least 21 years of age. There is no backlog in this category, although there may be processing delays.
  • US citizens may sponsor their foreign national spouses for lawful permanent residence. This requires submitting the appropriate forms and supporting documentation to the USCIS Service Center having jurisdiction over the couple's place of residence, or to a US consulate abroad, and attending a visa interview with an USCIS or consular examiner. If the couple has been married less than two years when the visa application is submitted, the foreign national will only be granted a two-year period of “conditional residence” status. An application to remove the conditions on this status must then be submitted to the USCIS, and the couple may be required to attend a second interview to establish the validity of their marital relationship.

Family Preference Categories

The following family relationships may also be the basis of a petition for permanent residence:

  • First Preference: A US citizen may sponsor an unmarried son or daughter 21 years of age and older for lawful permanent residence.
  • Second Preference: Lawful permanent residents may sponsor their spouses and unmarried children (under the age of 21) for permanent residence in the Second Preference 2A category. Second Preference 2B is for lawful permanent residents to sponsor their unmarried sons and daughters who are 21 years of age or older.
  • Third Preference: US citizens may sponsor their married sons and daughters for lawful permanent residence.
  • Fourth Preference: Adult US citizens may sponsor their brothers and sisters for lawful permanent residence.