Family-Based Visa Attorney — Glendale & Los Angeles
A family-based visa lets a U.S. citizen or permanent resident petition for a relative to immigrate, either as an immediate relative under INA § 201(b)(2)(A)(i) or in a preference category under INA § 203(a). DiJulio Law Group helps families in Glendale and Los Angeles prepare petitions, affidavits of support, and interview-ready records.
Who can sponsor a relative for a green card?
A U.S. citizen may petition for a spouse, sons and daughters of any age, and, if the citizen is at least 21, parents and brothers and sisters. A lawful permanent resident may petition for a spouse and unmarried sons and daughters. Spouses, unmarried children under 21, and parents of adult citizens are immediate relatives with no annual numerical limit; every other relationship falls into a preference category that waits for a visa number.
Immediate Relatives and Family Preference Categories
Family immigration starts with two questions: what is the relationship, and is the petitioner a citizen or a permanent resident? Under INA § 201(b)(2)(A)(i), 8 U.S.C. § 1151(b)(2)(A)(i), the spouses and children of U.S. citizens, and the parents of citizens who are at least 21, are immediate relatives. They are not subject to the annual numerical limits, so once the petition is approved the case generally moves as quickly as processing allows.
Every other qualifying relationship falls into one of the four family preference categories in INA § 203(a), 8 U.S.C. § 1153(a): F1 for unmarried sons and daughters of citizens; F2 for spouses and children (F2A) and unmarried adult sons and daughters (F2B) of permanent residents; F3 for married sons and daughters of citizens; and F4 for brothers and sisters of adult citizens. These categories are numerically limited, and the wait depends on the category, the relative's country of chargeability, and the State Department's monthly Visa Bulletin, which USCIS explains on its visa availability and priority dates page (opens in a new tab).
The case begins with Form I-130, the petition that proves the relationship. After approval, a relative in the United States who is eligible may file for adjustment of status; a relative abroad completes consular processing through the National Visa Center and an interview at a U.S. embassy or consulate. At the green card stage the petitioner generally must also sign Form I-864, the affidavit of support required by INA § 213A, which is an enforceable contract to support the immigrant. If the petitioner's income is not enough, a joint sponsor may be used. A relative who simply wants to visit while a petition is pending needs a visitor visa, and the consulate will weigh the pending petition when deciding it.
The consular interview deserves particular attention. In Department of State v. Muñoz, the U.S. Supreme Court held in 2024 that a U.S. citizen does not have a fundamental liberty interest in her noncitizen spouse's admission, which left the consular refusal in that case beyond judicial review. For families in Glendale and Los Angeles, the practical lesson is that the record must be complete, and any inadmissibility issue addressed, before the interview rather than after it.
Family immigration often intersects with a family's other legal affairs. Relatives who plan to buy a home or hold property together should understand real estate transactions in California, families bringing relatives to work in a family company may need governance and employment and ownership agreements in place, and families with ties to cross-border businesses can read about doing business in China. Answers to general questions about the firm are collected in our frequently asked questions, and the firm's Valeria Granata works with Italian-speaking clients.
Who Counts as a Child in a Family Petition?
For immigration purposes, a child is generally an unmarried person under 21 who fits one of the relationships defined in INA § 101(b)(1). That includes biological children, stepchildren if the marriage creating the relationship occurred before the child turned 18, and many adopted children. A U.S. citizen's qualifying child is an immediate relative.
USCIS explains the age rules on its Child Status Protection Act page (opens in a new tab). The result turns on filing and approval dates, so check them before a child beneficiary marries. Families comparing options can also review employment-based green card paths, and relatives who only need to visit should look at temporary visitor visas.
- Adopted children: generally adopted before age 16 and in the legal custody of, and residing with, the adoptive parent for at least two years (INA § 101(b)(1)(E)).
- Sons and daughters: once a child turns 21 or marries, the relationship generally moves into a preference category (F1, F2B, or F3).
- Age protection: the Child Status Protection Act can preserve child status for some beneficiaries who turn 21 while a case is pending. For the child of a U.S. citizen, age is generally fixed on the date the I-130 is filed (INA § 201(f)); preference cases use a different calculation.
What Do the F1, F2A, F2B, F3, and F4 Categories Mean?
The F categories are the family preference groups in INA § 203(a). They cover relatives who are not immediate relatives: adult or married sons and daughters of citizens, spouses and children of permanent residents, and siblings of adult citizens. Each is numerically limited, so the relative waits until the priority date is current in the Visa Bulletin.
Unlike immediate relatives, a preference beneficiary's spouse and children can generally immigrate as derivatives on the same petition under INA § 203(d). Categories can also shift. Under 8 C.F.R. § 204.2(i) (opens in a new tab), an F2A or F2B petition generally converts when the permanent-resident petitioner naturalizes, and an F1 beneficiary who marries moves to F3. A permanent resident's son or daughter who marries loses eligibility, because there is no preference category for married children of permanent residents.
Sponsors paid through a family company often need business formation records for the affidavit of support, and a refusal abroad raises the limits discussed in our analysis of Department of State v. Muñoz.
| Category | Relationship | Petitioner |
|---|---|---|
| F1 | Unmarried sons and daughters age 21 or older | U.S. citizen |
| F2A | Spouses and unmarried children under 21 | Permanent resident |
| F2B | Unmarried sons and daughters age 21 or older | Permanent resident |
| F3 | Married sons and daughters of any age | U.S. citizen |
| F4 | Brothers and sisters | U.S. citizen age 21 or older |
330 North Brand Boulevard, Suite 1280
Glendale, California 91203
Los Angeles County Superior Court, including the Glendale and Stanley Mosk courthouses.
Employment-based, family-based, and temporary visa matters for individuals, families, and California employers.
Family Immigration Matters We Handle
The firm assists individuals and families with family-based petitions from the first filing through the interview. Where a sponsor is self-employed or earns income through an LLC or corporation, related business law questions often shape the affidavit of support.
Spousal Petitions
I-130 petitions for husbands and wives of U.S. citizens and permanent residents, supported by evidence that the marriage is genuine: joint finances, a shared residence, and the history of the relationship.
Parent and Child Petitions
Petitions for parents of adult citizens and for sons and daughters, with attention to how a child's age and marital status place the case in the correct category.
Sibling and Adult Child Petitions
F1, F3, and F4 preference petitions, where the wait for a visa number can be long and the priority date must be protected.
Affidavits of Support
Preparing Form I-864 under INA § 213A, analyzing whether the sponsor's household income meets the requirement, and bringing in a joint sponsor or household member when needed.
Adjustment of Status
Form I-485 applications under INA § 245 for relatives already in the United States, including the eligibility questions raised by a prior overstay or a change in status.
Consular Processing
National Visa Center document submission, the civil documents each consulate requires, interview preparation, and follow-up after a refusal for administrative processing.
Family Cases That Reach Our Office
Composite examples drawn from the kinds of matters this practice handles. They illustrate common fact patterns and are not descriptions of specific client cases or predictions of any result.
The Spouse Abroad
A Glendale resident who recently naturalized wants to bring her husband from abroad. The I-130 itself is straightforward, but the husband was refused a visa years earlier. Obtaining that old record and addressing it in advance shapes the preparation for the consular interview.
The Parent Visiting on a B-2
A Los Angeles citizen's mother is in the United States as a visitor, and the family asks whether she can stay and apply for a green card. The answer depends on how she entered, what she told the officers at entry, and whether her stay has remained lawful.
The Sibling With a Long Wait
A citizen filed an F4 petition for a brother years ago. The brother's daughter is now approaching 21. Whether she can still immigrate with her father as a derivative requires a careful review of the dates and filings in the case.
When a Family Petition Needs a Lawyer
- The relative has a prior visa refusal, removal, or overstay.
- Either spouse was previously married and the divorce records are incomplete.
- The petitioner's income may not meet the affidavit of support requirement.
- A child beneficiary is approaching age 21 or plans to marry.
- USCIS or a consulate has requested more evidence or refused the visa.
- The relative has any arrest or criminal history in any country.
What to Do First
Confirm the category
Identify whether the relative is an immediate relative or falls in a preference category, and check the Visa Bulletin for the realistic wait before making travel or employment plans.
Collect civil documents
Gather birth, marriage, and divorce records for both people, plus proof of the petitioner's status. Missing or inconsistent civil documents are a common source of delay at the National Visa Center.
Review the history before filing
Every prior entry, visa application, and arrest should be reviewed before a petition is filed. Contact our Glendale office to go through the history with an attorney before the first form goes in.
Related Case Studies
Court decisions and legal developments DiJulio Law Group has analyzed that bear on family based visas matters. Each summary explains the law; none describes a firm client or result.
Family Based Visas — Questions California Clients Ask
Questions families in Glendale, Los Angeles, and across Southern California ask when petitioning for a relative. General questions about the firm are answered in our {{faq|firm FAQ}}.
What is the difference between an immediate relative and a family preference category?
Immediate relatives, defined in INA § 201(b)(2)(A)(i), are the spouses and unmarried children under 21 of U.S. citizens and the parents of citizens who are at least 21. They are not subject to annual visa limits. All other family relationships, such as siblings, married children, and relatives of permanent residents, fall into the F1 through F4 preference categories, which are numerically limited and often involve a wait for a visa number.
How long does a family-based green card take?
It depends on the category, the relative's country of chargeability, and current processing times. Immediate relative cases are limited mainly by USCIS and consular processing, while preference cases must also wait until the priority date is current under the State Department Visa Bulletin. Because both change regularly, check current USCIS processing times and the monthly Visa Bulletin instead of relying on estimates from other families.
What is Form I-130?
Form I-130, the Petition for Alien Relative, is how a U.S. citizen or permanent resident establishes a qualifying family relationship with the relative who wants to immigrate. Approval confirms the relationship and, in preference cases, sets the priority date. It does not by itself grant a green card or permission to live or work in the United States; the relative must still complete adjustment of status or consular processing.
What is the affidavit of support, and how long does it last?
Form I-864 is the sponsor's contract, required by INA § 213A, to maintain the immigrant at an income of at least 125 percent of the federal poverty line. It is enforceable by the immigrant and by government agencies that provide means-tested benefits. The obligation generally continues until the immigrant becomes a citizen or can be credited with 40 qualifying quarters of work, and it is not ended by divorce.
Can my relative apply for a green card in the United States after entering as a visitor?
Sometimes. An immediate relative of a U.S. citizen who was inspected and admitted or paroled may generally apply to adjust status under INA § 245 even if the authorized stay has since expired. Preference category relatives face stricter status requirements. In every case, the relative's intent and statements at entry matter, so the history should be reviewed with counsel before any filing.
What happens at the National Visa Center?
After USCIS approves an I-130 for a relative who will process abroad, the case goes to the State Department's National Visa Center. The NVC collects fees, the online immigrant visa application, civil documents, and the affidavit of support. When the case is documentarily complete and a visa number is available, the NVC schedules the interview at the embassy or consulate.
Can a consular visa denial be appealed?
Generally, a consular officer's decision is not reviewable in U.S. courts under the doctrine of consular nonreviewability, and the Supreme Court's 2024 decision in Department of State v. Muñoz confirmed that a citizen spouse has no constitutional claim to review. Options may still include submitting new evidence to the consulate, applying for a waiver of the ground of inadmissibility where one exists, or pursuing a different visa category.
Can I bring my fiancé or fiancée to the United States?
A U.S. citizen, but not a permanent resident, may file Form I-129F for a K-1 fiancé(e) visa under INA § 101(a)(15)(K). The couple generally must have met in person within the two years before filing, and the marriage must take place within 90 days after the fiancé(e) is admitted. The spouse then applies to adjust status. Marrying abroad and filing an I-130 is the alternative route.
Talk to an Immigration Attorney
Bring the relationship documents and every prior immigration record for both of you. We will identify the category, the realistic wait, and the issues that need attention before the interview. Meet managing partner R. David DiJulio and the firm's attorneys, read the firm overview, or compare employment-based options and our other practice areas.