What is family based Immigration?

Family based immigration is whereby depending on your status in the US (e.g. you are a US citizen, Lawful Permanent Resident (green card holder), you may be able to petition for your current or future family member to immigrate to the United States.

For example, a US citizen may petition to secure a green card, fiancée visa, or spousal visa, based on the family relationship. A US citizen may also petition for unmarried children under 21, married sons/daughters over 21, parents (as long as the citizen is over 21 years), and siblings (as long as the citizen is over 21 years of age).

I want to sponsor my wife and minor children. What steps do I need to take?

If you are US citizen and want to sponsor your wife and minor children for a green card, the first step is to file an I-130 to establish your relationship. Since ones spouse and unmarried children under 21 are considered immediate relatives, one can also file the I-485 (adjustment of status to secure their green card). Immediate relatives include spouses, unmarried children under 21, and parents of US citizens 21 or older. For immediate relatives, there is no wait for a visa.  If they are already in the lawfully country, then they may be able to adjust status within the United States. If they are not in the US, then they will need to go through consular processing.

How can Kasturi Law, LLC(Owner Kasturi Law, LLC, Shobhana Kasturi)assist you?  

As a first generation immigrant, I have been through the process of consular processing and first hand understand the family based immigration process. Whether you want to keep your family together or want to reunite your family, I will endeavor to assist you. I will listen to you, advocate for you, be upfront with you, be responsive, and most importantly demonstrate resilient dedication.

  • Assist with filing an immigrant petition for your (immediate relative) spouse/parent/child.
  • Assist with filing for Adjustment of status to Lawful Permanent Status (aka green card).
  • Assist with filing for an Immigrant visas or consular processing for Lawful Permanent Status (aka as green card).
  • Assistance with removing conditions on your conditional green card..
  • Assistance with filing for a  a K-1 fiancé / fiancée visa and subsequent adjustment of status to Lawful Permanent Status (aka green card).
  • Assist with responding to a Notice of Intent to Deny for your current case.
  • Assist with responding to a Request for Evidence for your current case.
  • Assist with filing for Parole-in-Place being a  spouse, child or parent of current or former United States military personnel.
  • Assist with filing for renewal of your employment authorization.
  • Assist with  filing for a reentry permit or advance parole.

Kasturi Law, LLC can help you with all of the above.

Call Kasturi Law, LLC to for a 10 minute free case consultation at 630-660-0530 or email info@kasturilawllc.com.

Some Common Questions related to family based immigration.

I want to sponsor my wife and minor children. What steps do I need to take?

If you are US citizen and want to sponsor your wife and minor children for a green card, the first step is to file an I-130 to establish your relationship. Since one’s spouse and unmarried children under 21 are considered immediate relatives, one can also file the I-485 (adjustment of status to secure their green card). Immediate relatives include spouses, unmarried children under 21, and parents of US citizens 21 or older. For immediate relatives, there is no wait for a visa.  If they are already in the lawfully country, then they may be able to adjust status (or apply to get their green card)  within the United States. If they are not in the US, then they will need to go through consular processing.

What is adjustment of status?

Adjustment of status allows one to register permanent resident status via filing the I485 form while being physically in the United States. The beneficiary of the petition will need to attend an interview (in cases where a USC spouse petitions for his/her spouse, the USC will also need to attend the interview) with USCIS. The timing of the process varies from cases to case but on the average may take 6-9 months (or more in some cases). At Kasturi Law, LLC, Attorney Shobhana Kasturi attends all interviews associated with adjustment of status cases.

What is Consular Processing?

It is the process by which a consular interview for the immigrant visa is scheduled in the home country of the beneficiary (the relative you are petitioning for). The first step here is still to file an I-130 petition. Once approved, the petitioner and beneficiary have to provide documentation to NVC (National Visa Center). Once the documents have been reviewed by NVC, they contact the local US consulate. The local US consulate then works to schedule an interview for the relative you have petitioned for. There is a lot of documentation that is required for adjustment of status and or consular processing.

What if I want to sponsor other members of my family?

As a US citizen, one may be able to sponsor other family members for a green card (permanent residency). There is a preference system set for family members who are not immediate relatives.  The preferences are as such:

  • First preference: Unmarried, adult sons and daughters of U.S. citizens
  • Second Preference (2A): Spouses of green card holders, unmarried children (under 21) of green card holders (Legal Permanent Residents)
  • Second Preference (2B): Unmarried adult sons and daughters of green card holders (Legal Permanent Residents)
  • Third Preference: Married sons and daughters (age not relevant) of U.S. citizens
  • Fourth Preference: Brothers and sisters of adult U.S. citizens

In such cases one would file a I-130 and upon approval of the I-130 wait for a visa to be allotted. The visa availability is based on the date the I-130 was filed. (otherwise know as the priority date) For more information on Visa availability, please refer to the “visa bulletin” page on the U.S. Department of State website.  The preference category will be the basis by which one can determine the wait for an immigrant visa number.

I am a Green Card holder(permanent resident). May I sponsor family members for a Green Card?

Yes, as a permanent resident you may sponsor your spouse, unmarried children (under 21), and unmarried adult children.However, beneficiary’s of a petition from a green card holder have to wait for a visa to become available. The wait can vary from months to years depending on their preference category and which country the are citizens of.

Each case is different. Please feel free to call me at 1-800-348-1370 or email me at kasturilaw@gmail.com.