Family-Based Immigration

Understanding Family Immigration

Family-based immigration is governed by the Immigration and Nationality Act (INA) and administered by the U.S. Citizenship and Immigration Services (USCIS).
In Nevada, many families begin this process from Las Vegas, where multicultural communities and international family ties are part of everyday life.

Family immigration is divided into two main categories: Immediate Relatives and Family Preference categories.

Immediate Relatives of U.S. Citizens

Immediate relatives have no annual visa limits, meaning their applications are processed as soon as paperwork is approved.
Eligible family members include:

• Spouses of U.S. citizens

• Unmarried children under 21 years of age

• Parents of U.S. citizens (if the sponsoring child is at least 21)

Because there are no visa caps for immediate relatives, these applications often move faster than others.

Family Preference Categories

Other family members of U.S. citizens and lawful permanent residents may qualify under family preference categories. These visas are subject to annual limits and waiting periods.

The family preference categories include:

1. F1 – Unmarried sons and daughters (21 or older) of U.S. citizens

2. F2A – Spouses and unmarried children (under 21) of lawful permanent residents

3. F2B – Unmarried sons and daughters (21 or older) of lawful permanent residents

4. F3 – Married sons and daughters of U.S. citizens

5. F4 – Brothers and sisters of U.S. citizens (if the sponsoring citizen is 21 or older)

Visa waiting times vary by country and category, as published in the U.S. Department of State’s Visa Bulletin.

The Sponsorship Process

Sponsoring a family member for immigration involves several steps and official forms. While each case is unique, most follow this general structure.

1. Filing the Petition

The sponsoring relative begins by filing Form I-130 (Petition for Alien Relative) with USCIS.
This form establishes the qualifying family relationship and must include supporting evidence such as birth certificates, marriage records, and proof of U.S. citizenship or permanent residence.

2. Waiting for USCIS Approval

Once the petition is approved, the case moves to the National Visa Center (NVC) if the family member is abroad. The NVC assigns a case number and processes the required forms and fees before forwarding the case to a U.S. consulate.

3. Adjustment of Status or Consular Processing

If the family member is already in the United States, they may be eligible to adjust status using Form I-485 (Application to Register Permanent Residence or Adjust Status) without leaving the country.
If they are abroad, they must go through consular processing at a U.S. Embassy or Consulate before entering the United States as a lawful permanent resident.

4. Medical Exam and Interview

Applicants must complete a medical examination with an authorized physician and attend an immigration interview. USCIS or consular officers will review the relationship and eligibility before granting permanent residence.

5. Receiving a Green Card

Once approved, the family member becomes a lawful permanent resident and receives a Green Card, granting the right to live and work anywhere in the U.S.

Maintaining Permanent Resident Status

Family-sponsored immigrants must comply with federal immigration requirements to keep their status.
This includes:

• Residing primarily in the United States

• Renewing the Green Card every 10 years using Form I-90

• Filing taxes as a resident

• Avoiding extended trips abroad without a Reentry Permit (Form I-131)

Under Nevada law (NRS 10.155), legal residence for civil purposes means the place where a person is physically present with the intent to remain — a definition that aligns with the expectations for permanent residents under U.S. immigration law.

Conditional Residence for Marriage-Based Green Cards

Spouses who have been married for less than two years when they receive a Green Card are granted conditional permanent residence.
To remove these conditions, they must jointly file Form I-751 (Petition to Remove Conditions on Residence) within the 90 days before the card expires.

This step confirms that the marriage was entered into in good faith and not solely for immigration purposes.

Reuniting Families in Las Vegas

Las Vegas is a city built on diversity, where families from around the world come together to create new beginnings. Family-based immigration strengthens Nevada’s communities by allowing parents, children, and spouses to live and thrive together.

Residents often benefit from community support groups, cultural organizations, and legal aid programs that help families navigate the immigration process while adapting to life in Southern Nevada.

Key Considerations for Sponsors

Before petitioning for a family member, sponsors should understand their responsibilities:

• Demonstrate sufficient income to support the immigrant using Form I-864 (Affidavit of Support)

• Commit to financial responsibility until the immigrant becomes a U.S. citizen or earns 40 quarters of work credit (approximately 10 years)

• Keep USCIS informed of any address changes

• Ensure that all information provided is truthful and accurate

Failing to meet sponsorship obligations can delay approval or result in legal penalties.

Where to Find Reliable Information

Las Vegas residents can access trustworthy information and resources through:

• U.S. Citizenship and Immigration Services (USCIS): uscis.gov/family

• U.S. Department of State – Visa Bulletin: travel.state.gov/visa-bulletin

• Nevada Attorney General – Immigration Resources: ag.nv.gov

This website provides general educational information about U.S. immigration and family reunification. It does not provide legal advice or legal representation.