Headman Law Group represents Family Immigration clients in San Francisco — supporting Bay Area founders, researchers, and tech professionals. U.S. immigration law is federal, so we guide San Francisco-area clients through the same proven process we use nationwide — most steps handled by video and secure document exchange, with no need to visit an office.
What Is Family-Based Immigration?
Family-based immigration lets U.S. citizens and lawful permanent residents petition to bring close relatives to the United States and, ultimately, help them obtain green cards. The process almost always begins with Form I-130, the Petition for Alien Relative, which establishes the qualifying family relationship.
The law divides family categories into two groups. Immediate relatives of U.S. citizens — spouses, unmarried children under 21, and parents — have no annual numerical limit, so visas are always available. Everyone else falls into the family-preference categories (F1 through F4), which are subject to annual caps and per-country limits and therefore involve waiting for a priority date to become current.
Once a visa is available, a relative already in the U.S. in valid status may apply for a green card through adjustment of status (Form I-485), while a relative abroad goes through consular processing at a U.S. embassy. Engaged couples have a separate route through the K-1 fiancé(e) visa.
Who Can Be Sponsored
Whom you can petition for — and how long it takes — depends on your status and your relationship to the relative.
- Spouse of a U.S. citizen or permanent resident.
- Unmarried children under 21 of a U.S. citizen (immediate relative).
- Parents of a U.S. citizen aged 21 or older (immediate relative).
- Unmarried adult sons and daughters of citizens or residents.
- Married sons and daughters of U.S. citizens.
- Brothers and sisters of adult U.S. citizens.
- Fiancé(e) of a U.S. citizen, through the K-1 visa.
Family Immigration Categories
Immediate relatives have no waiting line. The preference categories below are capped each year, so wait times depend on the category and the relative's country of birth.
Immediate Relatives (IR)
Spouses, unmarried children under 21, and parents of U.S. citizens. There is no annual limit, so a visa is always available and these cases move the fastest.
F1 — Unmarried Sons & Daughters of Citizens
Unmarried adult (21 or older) sons and daughters of U.S. citizens. Subject to annual numerical limits and a priority-date wait.
F2 — Spouses & Children of Permanent Residents
Spouses and unmarried children of lawful permanent residents (F2A for spouses and minor children; F2B for unmarried adult sons and daughters).
F3 — Married Sons & Daughters of Citizens
Married sons and daughters of U.S. citizens, along with their spouses and minor children. Among the longer waiting lines.
F4 — Siblings of U.S. Citizens
Brothers and sisters of U.S. citizens aged 21 or older, with their spouses and minor children. Typically the longest wait of the family categories.
K-1 — Fiancé(e) of a U.S. Citizen
A nonimmigrant visa that lets the fiancé(e) of a U.S. citizen enter the U.S. to marry within 90 days, after which they apply to adjust status to permanent resident.
The Family Immigration Process
Most family cases follow the same arc, from establishing the relationship to obtaining the green card.
File the I-130 Petition
The U.S. citizen or permanent resident files Form I-130 to prove the qualifying family relationship and start the case.
Wait for a Visa to Be Available
Immediate relatives can move forward right away. Preference categories wait until the priority date becomes current under the Visa Bulletin.
Adjustment or Consular Processing
A relative inside the U.S. files Form I-485 to adjust status; a relative abroad completes consular processing through the National Visa Center and a U.S. embassy interview.
Interview & Decision
USCIS or the consulate interviews the applicant, reviews the affidavit of support and supporting evidence, and issues the green card or immigrant visa upon approval.
Documents for a Family Petition
The exact set depends on the relationship and processing route, but most cases include the following.
Relationship & Identity
- Petitioner's proof of U.S. citizenship or permanent residence
- Beneficiary's passport biographical page
- Marriage certificate (for spouse cases)
- Birth certificates establishing the relationship
- Divorce decrees or death certificates ending prior marriages
Financial Support
- Affidavit of Support (Form I-864)
- Petitioner's tax returns and W-2s
- Recent pay stubs or employment letter
- Joint-sponsor documents (if needed)
Bona Fide Relationship (spouse/fiancé)
- Photos together over time
- Joint financial and household records
- Communication and travel history
- Affidavits from people who know the couple
Frequently Asked Questions
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