Bringing a loved one to the United States is one of the most common and meaningful reasons U.S. citizens and lawful permanent residents (LPRs) apply for immigration benefits. This guide provides a step-by-step overview of the family-based petition process, both from within the U.S. and abroad. It covers key concepts such as inadmissibility, grounds for removal, emotional challenges, and the importance of having professional legal support.

If you are a U.S. citizen or lawful permanent resident, helping a family member come to the United States is a deeply personal and important goal.
 
Legal Disclaimer: The information in this article is intended for general informational purposes only and does not constitute legal advice. Every immigration case is unique. Readers and visitors to our website should consult a licensed immigration attorney for advice tailored to their individual circumstances. This information should not be applied to your case without legal guidance. Reading this content does not establish an attorney-client relationship.
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Types of Family-Based Petitions

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U.S. citizens may file petitions for:
• Spouses (visit our subpage about marriage-based petitions here: https://www.paez.law/home/marriagepetitions)
• Children (unmarried or married, under or over 21)
• Parents (if the petitioner is 21 or older)
• Siblings (if the petitioner is 21 or older)
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Lawful permanent residents may file petitions for:
• Spouses (visit our subpage about marriage-based petitions here: https://www.paez.law/home/marriagepetitions)
• Unmarried children (under or over 21)
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The Process is More Than Just Forms

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Although forms are an important part of the procedure, family-based immigration is primarily a legal—not just administrative—process. Filing a family petition involves proving a valid family relationship, meeting complex legal criteria, and navigating a highly technical and evolving bureaucratic system.

Completing forms such as the I-130 or I-485 is only one part of the process. Every stage requires knowledge of immigration law, evidentiary rules, and how a petitioner’s or beneficiary’s immigration, criminal, or health history may affect eligibility.
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​Step-by-Step Process: Inside and Outside the U.S.
 

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The process for applying for lawful permanent residence for a family member largely depends on where your relative is currently located:
 

1. If the Family Member is in the U.S. (Adjustment of Status)

 
Adjustment of Status allows eligible family members who are physically present in the U.S. to apply for a green card with USCIS (U.S. Citizenship and Immigration Services) without returning to their country of origin. Key forms in this process include, but are not limited to:

• I-130: Petition for Alien Relative
• I-130A: Supplemental Information for Spouse Beneficiary
• I-485: Application to Register Permanent Residence or Adjust Status
• I-864: Affidavit of Support
• I-693: Medical Examination
• I-765: Employment Authorization (optional)
• I-131: Advance Parole Travel Document (optional)
• G-1145: E-Notification (optional)

 

Common requirements:

• The beneficiary must have entered the U.S. lawfully
• Must not have certain serious immigration violations
• A visa must be available based on the category and country of origin
 

2. If the Family Member Is Outside the U.S. (Consular Processing)

 
If your relative is abroad, the process involves filing the petition with USCIS and completing the visa process at a U.S. consulate in the home country. The key forms and steps include:

a. Submit Form I-130 to USCIS
b. Wait for approval
c. The case is transferred to the National Visa Center (NVC)
d. Complete:

1. DS-260: Immigrant Visa Application

2. I-864: Affidavit of Support

3. Medical exams and consular interview

e. Enter the U.S. with an immigrant visa and receive a green card
 

Note: This process is common for U.S. citizens who wish to bring relatives (for example, from Colombia), particularly spouses, children, or parents. It also applies to lawful permanent residents (for example from Colombia) seeking to reunite with loved ones.
 

Please be advised that each immigration form requires specific supporting documentation in order to be considered complete and approvable. This typically includes—but is not limited to—evidence of a valid and bona fide marriage, civil status documents, financial records and affidavits of support, police clearance certificates, certified translations, among many others. Due to the complexity and case-specific nature of these evidentiary requirements, this article does not address them in detail. We strongly recommend consulting with a licensed immigration attorney to determine the documentation appropriate for your individual case.
 

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Beyond Forms: Understanding Eligibility and Legal Risks

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Sponsoring a family member for lawful permanent residence requires more than proving a family relationship. Several legal requirements must be met, and many factors must be considered, including:
 

A. Immigration History and Method of Entry

 

Whether your relative entered the U.S. lawfully (i.e., was inspected at a port of entry) or without inspection greatly affects their eligibility for Adjustment of Status. Long periods of unlawful stay, unauthorized work, or prior removal orders may require additional legal steps or waivers.
 

B. Criminal History

 

Certain criminal convictions—whether in the U.S. or abroad—can render a person inadmissible. Not all offenses carry the same weight under immigration law. A thorough review of any criminal record is essential to determine if a waiver is needed or if eligibility is affected.
 

C. Grounds of Inadmissibility

 

The most common grounds that may prevent someone from obtaining a green card include, but are not limited to:
• Past immigration violations (e.g., unlawful presence)
• Fraud or misrepresentation
• Criminal convictions
• National security or terrorism concerns
• Health-related grounds (such as communicable diseases)
• Public charge issues
 

D. Grounds of Removability (Deportability)

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If your relative is already in the U.S., it’s also important to assess whether they may be subject to removal for past or current actions, such as unlawful entry, overstaying a visa, or committing certain crimes (visit our subpage about removal/deportation proceedings here: https://www.paez.law/home/removalproceedingseoir).

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E. Common Waivers

 

Some grounds of inadmissibility may be waived depending on the specific situation. Among the most common family-based waivers are:
 

Form I-601 – Application for Waiver of Grounds of Inadmissibility
 

This form is used to request a waiver for various grounds, including:
• Unlawful presence beyond certain time limits
• Certain criminal convictions
• Immigration fraud or misrepresentation
• Medical conditions
• Certain past immigration violations
 

To be approved, the applicant must demonstrate that denial of admission would cause extreme hardship to a qualifying relative, typically a U.S. citizen or lawful permanent resident spouse or parent.
 

This waiver is often used in consular processing when inadmissibility is identified during the immigrant visa interview, but it can also be used during Adjustment of Status or in proceedings before the immigration court (EOIR), depending on the case. Because this waiver is discretionary, it is critical to submit a well-prepared application with strong supporting evidence.
 

Form I-601A – Provisional Unlawful Presence Waiver
 

This is a limited waiver that only applies to unlawful presence under INA §212(a)(9)(B) and is designed for individuals currently in the U.S. who intend to complete their green card process abroad.
The main benefit is that it allows for a provisional decision on the waiver before departing the U.S., minimizing time spent outside the country.
 

To qualify for I-601A:
• You must have an approved I-130 and be eligible for an immigrant visa
• The only ground of inadmissibility must be unlawful presence
• You must show that your departure would cause extreme hardship to a U.S. citizen or LPR spouse or parent
• You must not have a final order of removal, unless it has been reopened or resolved legally
 

I-601A does not waive criminal convictions, fraud, or prior removal orders. If those apply, additional waivers may be required.

Understanding whether a waiver is needed—and which one—is critical before filing any family-based petition. In some cases, multiple waivers are necessary (e.g., I-212 with I-601). These applications are highly fact-specific and should be prepared with detailed documentation, legal analysis, and professional guidance.
Given the complexity of these filings and the serious consequences of denial, we strongly recommend speaking with a licensed immigration attorney.
 

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The Emotional Impact and Mental Health Challenges

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Beyond the legal complexity, this process can be emotionally exhausting. It’s not just a legal procedure—it’s deeply personal.

Families often face anxiety, stress, and uncertainty, especially when one spouse is abroad or when there are delays or requests for additional evidence.

Prolonged separation, fear of denial or deportation, and emotional or financial strain can seriously affect mental health and family stability.

Having professional legal support can significantly ease this burden by providing structure, clarity, and a more manageable path forward.

Working with an experienced attorney can help reduce anxiety, guide families with empathy and preparation, and avoid costly mistakes that could make an already difficult situation worse.
 

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Why It’s in Your Best Interest to Hire an Immigration Attorney

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While U.S. immigration law allows you to file petitions without an attorney, doing so without legal counsel involves risks that many families do not anticipate. Here are some reasons why hiring legal representation is highly recommended:
 

• Comprehensive Case Evaluation: An attorney can assess your eligibility and identify any grounds of inadmissibility or deportability that must be addressed beforehand.

• Avoiding Mistakes: Form errors or missing documents are among the most common causes of delays or denials.

• Strategy and Timing: A lawyer can advise you on the best process (AOS vs. consular), the proper timing for each filing, and how to prepare for interviews.

• Representation and Advocacy: If complications arise, an attorney can manage requests for evidence (RFEs), waivers, or follow-up procedures.

• Legal Protection: In the event of a denial or risk of deportation, an attorney offers essential legal support.

• Peace of Mind: Knowing your case is in the hands of a professional allows you to focus on your life and family without constant worry.
 

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Move Forward with Confidence

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Sponsoring your family member for lawful permanent residence is a critical step that impacts immigration status and your family’s future. While this general information may be helpful, only a licensed immigration attorney can evaluate your specific circumstances and determine the best course of action.

We strongly encourage you to consult with an attorney before submitting any documents to USCIS, the Department of State, or EOIR (Immigration Court). A well-prepared case can save time, reduce stress, and improve your chances of success.

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Contact Us Today

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If you are considering applying for lawful permanent residence for your family, we invite you to schedule a consultation. We are here to help you understand your options, identify potential challenges, and guide you every step of the way.

Legal Disclaimer: This publication is for informational purposes only and does not constitute legal advice. Reading this content does not establish an attorney-client relationship. Always consult with a licensed immigration attorney to receive legal guidance appropriate for your case.