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Want to bring family members to the U.S.?

Family-based immigration is one of the most important and sought-after paths to permanent residence in the United States. After all, nothing is more important than reuniting with family members in your home country.

The problem?

The process is complex and the wait times are (literally) years long.

In fact, nearly 4 million people are waiting right now in family-based immigration backlogs. That’s right – millions of family members separated by a bewildering combination of bureaucracy, paperwork, and processing times that drag on forever it feels like.

In this guide, we’ll cover everything you need to know about the family-based immigration process and why it’s more important than ever to understand exactly what’s ahead of you.

Let’s jump right in.

You’ll Learn

• What Is Family-Based Immigration?
• Why Family Immigration Matters
• Understanding The Different Categories
• Common Challenges Families Face

What Is Family-Based Immigration?

Family-based immigration is the process that allows U.S. citizens and lawful permanent residents to sponsor certain family members for permanent residence in the United States.

It makes up a significant portion of immigration to the United States. In fact, 661,733 family-sponsored immigrants were admitted to the country in 2023 alone, making it the most popular route to gaining permanent residence in the United States.

Here’s how the system works.

Immediate relatives of U.S. citizens can be petitioned for in categories that are not subject to annual caps. This includes spouses, unmarried children under 21, and parents of citizens 21 and older.

These cases process much faster but still take several months. For other family members, there is a preference system that has annual limits and country caps, which leads to the backlogs.

The process also requires extensive documentation, application fees, and lots of waiting.

Lots and lots of waiting. Because laws change all the time and the rules are always shifting, working with experienced immigration attorneys is often the difference between a smooth process and years of waiting.

Why Family Immigration Matters

Imagine not being able to be with your spouse or children for years.

That’s the reality of life for millions of families. Family-based immigration is not just about the applications and forms. It’s about keeping families together and building stable lives here in America.

Economically, they also provide significant benefits, from contributing to local economies to starting businesses and filling important workforce gaps.

The real problem is

Separated families face emotional challenges that last for years. Every wedding, graduation, birth, or family milestone that they miss piling up. For some, a death in the family happens before they ever have a chance to reunite.

That’s why it’s more important than ever to understand exactly what the process entails and prepare as best you can.

Understanding The Different Categories

The family-based immigration system splits into two main groups: immediate relatives and family preference categories.

Immediate Relatives

Immediate relatives of U.S. citizens are the following family members:

• Spouses
• Unmarried children under 21
• Parents (of citizens who are 21 or older)

The good news? These family members fall into categories that do not have annual limits. This means there are always visas available for them, even though it takes time to process.

Family Preference Categories

Family preference immigration categories are subject to annual caps and priority date backlogs.

There are five different preference categories for family members of U.S. citizens:

F1: Unmarried adult children of U.S. citizens.

F2A: Spouses and children under 21 of permanent residents.

F2B: Unmarried adult children of permanent residents.

F3: Married children of U.S. citizens.

F4: Siblings of adult U.S. citizens.

Each of these categories has its own wait times and the preference system means some people are waiting for decades to be reunited with family members.

Common Challenges Families Face

The family-based immigration process can present unexpected hurdles even for those who have done their homework and carefully planned their case.

These are the biggest challenges:

Massive Backlogs

The figures speak for themselves. Wait times in some of the family-based preference categories have increased by 900% since 1991. Petitioners who filed F-3 forms in 2008 had to wait 13 years just to get their visas in 2021.

If you’re from a country with a lot of applicants, it’s even worse. Mexican applicants waiting for an F-1 visa in 2021 faced more than 22 years of wait time.

Crazy, right?

Per-Country Caps

There is a per-country cap for family-sponsored visas. No country can have more than 7% of the total number of family-sponsored visas for that year.

Seems fair enough, right? Except that it leads to massive disparities in the wait times applicants face.

Applicants in countries with high demand (Mexico, India, China, and the Philippines are all major examples) face significantly longer waits than applicants from countries with less demand.

Wait times can vary just as much depending on your country of birth as your relationship to the petitioner.

Documentation Requirements

Immigration paperwork has extensive documentation requirements.

Birth certificates, marriage certificates, police clearances, medical exams, and sponsorship forms are just the start.

Missing a single document can cause a delay in your case. Submitting incorrect information can lead to a denial, forcing you to start all over.

Policy Changes

Immigration policy shifts all the time. New administrations bring new priorities. Legal decisions change how laws are interpreted.

Staying on top of everything feels like a part-time job.

How Long Will The Process Take?

This is the big question, of course.

The short answer is: it depends.

Wait times vary based on several factors. Your relationship to the petitioner is the most important. Immediate relatives of U.S. citizens have a faster process than preference categories. The entire family sponsorship process for immediate relatives typically takes 12-24 months.

Preference categories? Add years to that number. Some take 5-10 years. Others take 20+ years, depending on your country of birth.

Let’s Break It Down

Processing times have two components. First is the time you wait for a visa number to become available. This is based on your priority date. Second is the actual processing time by USCIS once your visa number is available.

Both of these periods can vary widely.

A monthly Visa Bulletin shows the current processing dates. It tells you which priority dates are being processed for the month. USCIS also publishes processing time data by form type and service center.

Making The Process Easier

Want to avoid as many unnecessary delays as possible?

Follow these key steps:

• Start early. The sooner you file, the sooner you establish your priority date. Even if you can’t complete everything right away, it matters to get the priority date locked in.
• Gather documents. Collect all of your documents before you file. Missing paperwork is the number one cause of common delays. Spend the time upfront to collect everything you need.
• Double-check. Errors result in Requests for Evidence or denials. Go over your forms multiple times to catch mistakes before you submit them.
• Get help. Immigration attorneys know how to navigate the system. They catch mistakes before they become problems and help you handle policy changes.
• Stay organized. Keep copies of everything, track your deadlines, and monitor your case status regularly.

Final Thoughts

Family-based immigration remains the top pathway for people hoping to gain permanent residence in the United States. With millions of people waiting in backlogs and processing times measured in years or decades, now is the most important time to understand exactly what this process entails.

It’s complex, frustrating, and always changing. But thousands of families successfully go through the process every year. By understanding the different categories, preparing complete documentation, staying on top of policy changes, and working with professional legal counsel when needed, families can greatly improve their chances of success.

The process is long. But being reunited with family makes every challenge worth it.

John Mali Director of Media Relations

Director of Media Relations at AboutBoulder.com

[email protected]