How Can I Bring My Family to the United States Through Immigration?
If you’re separated from loved ones and wondering how to bring them to America, you’re not alone. Thousands of New Jersey families go through this process every year, and while it can feel overwhelming, there is a clear path forward.
Family immigration helps U.S. citizens and permanent residents reunite with spouses, children, parents, and siblings legally. The process involves paperwork, waiting periods, and financial requirements, but it’s absolutely possible with the right guidance and preparation.
Every family’s situation is different, and the immigration laws can be complex. If you’re feeling uncertain about where to start or what applies to your specific situation, speaking with an immigration attorney can help you understand your options and avoid costly mistakes.
Quick Overview: What You Need to Know Right Away
- Two Types of Cases: Some family members can come right away (immediate relatives), while others have to wait in line for years (preference categories).
- Who Can Sponsor: U.S. citizens can sponsor more family members than green card holders can.
- Financial Requirements: You’ll need to prove you can financially support your family member (usually 125% above the poverty line).
- Time and Money: Expect to spend $3,000-$10,000+ and wait anywhere from one year to over a decade, depending on your situation.
What’s the Difference Between Immediate Family and Other Relatives?
Simple answer: If you’re a U.S. citizen, your spouse, unmarried kids under 21, and parents can come immediately. Everyone else has to wait in line.
The government divides family immigration into two main groups. Understanding which group your family member falls into will tell you a lot about how long you’ll be waiting and what to expect.
Can My Spouse and Young Children Come Right Away?
Yes, if you’re a U.S. citizen, your immediate family members don’t have to wait in line. This includes:
- Your spouse (you’ll need to prove your marriage is real, not just for immigration)
- Your unmarried children under 21 (they have to stay unmarried and under 21 during the process)
- Your parents (but only if you’re at least 21 years old yourself)
These cases typically take 12-18 months from start to finish. If your family member is already in the U.S. legally, they might be able to get their green card without leaving the country.
If you’re currently a green card holder but not yet a citizen, becoming a U.S. citizen could dramatically speed up the process for your spouse and minor children. We often help families explore this option because it can save years of waiting.
What About My Other Family Members?
Everyone else falls into “preference categories,” which means they have to wait for their turn based on annual limits the government sets. The wait times can be frustrating, but knowing what to expect helps you plan.
If you’re a U.S. citizen, you can also sponsor:
- Adult unmarried children (usually 7+ years wait)
- Married children of any age (often 10+ years wait)
- Brothers and sisters (frequently 15+ years wait, if you’re at least 21)
If you’re a green card holder, you can sponsor:
- Your spouse and unmarried children under 21 (usually 2-3 years wait)
- Your unmarried adult children (typically 5-7 years wait)
Unfortunately, green card holders cannot sponsor parents or siblings at all. This is one of the biggest reasons why people choose to become U.S. citizens when they’re eligible.
If you’re unsure about timing or which category your family member falls into, we can walk you through your specific situation and help you understand realistic expectations.
Who Can I Actually Sponsor for Immigration?
Short answer: It depends on whether you’re a U.S. citizen or green card holder, and the relationship you have with your family member.
Your immigration status determines who you can help. U.S. citizens have much broader sponsorship rights than permanent residents, which is one of the key benefits of citizenship.
What If I’m a U.S. Citizen?
As a U.S. citizen, you have the most options. You can sponsor:
- Your spouse
- Your unmarried children under 21 (immediate processing)
- Your unmarried adult children (longer wait)
- Your married children of any age (longer wait)
- Your parents (if you’re at least 21)
- Your brothers and sisters (if you’re at least 21)
- Your fiancé(e) (through a different process called a K-1 visa)
What If I’m a Green Card Holder?
As a permanent resident, your options are more limited. You can sponsor:
- Your spouse
- Your unmarried children (both under and over 21)
That’s it. You cannot sponsor parents, siblings, or a fiancé(e). This limitation often motivates people to pursue citizenship as soon as they’re eligible.
What About Grandparents, Cousins, or In-Laws?
Unfortunately, you cannot directly sponsor grandparents, aunts, uncles, cousins, or in-laws. The U.S. system only allows direct relationships: spouses, children, parents, and siblings.
However, there might be indirect ways to help extended family members. For example, if you sponsor your parents, they could eventually sponsor their other children (your siblings). These strategies take longer but can be effective with proper planning.
Every family situation is unique, and there might be options you haven’t considered. If you have complex family relationships or aren’t sure about your best strategy, reach out—our team is here to help you explore all possibilities.
Do I Need to Prove I Can Support My Family Financially?
Yes, you’ll need to show you can financially support your family member so they won’t need government assistance.
This requirement exists to ensure that new immigrants won’t become dependent on public benefits. The government wants to know that your family member will have financial support when they arrive.
What Are the Income Requirements?
You need to show income of at least 125% of the federal poverty guidelines for your household size. For 2026, this means:
- Household of 2: About $26,400 annually
- Household of 3: About $33,300 annually
- Household of 4: About $40,200 annually
Your “household” includes you, your family member you’re sponsoring, anyone currently living with you, and any other people you’ve sponsored before.
What If I Don’t Make Enough Money?
Don’t panic—you have options:
Use a Joint Sponsor: A family member or friend who meets the income requirements can co-sponsor with you.
Count Assets: Some assets (like savings, property, or investments) can count toward the requirement.
Include Your Sponsor’s Income: If your family member has a job offer in the U.S., that future income might count in some cases.
The financial requirements can seem overwhelming, but there are often creative solutions. If you’re worried about meeting the income requirements, speaking with an attorney can help you understand your options and avoid delays.
What’s the Step-by-Step Process for Family Immigration?
The process starts with filing Form I-130 to prove your family relationship, then your relative either applies from overseas or adjusts their status if they’re already in the U.S.
While every case is different, most family immigration cases follow a similar path. Understanding these steps helps you prepare and know what to expect along the way.
Step 1: File Form I-130 to Start the Process
This is where everything begins. You (the U.S. citizen or green card holder) file Form I-130 to prove your qualifying relationship with your family member. You’ll need:
- Proof of your citizenship or green card
- Evidence of your relationship (birth certificate, marriage certificate, etc.)
- Form I-130 with filing fees ($625 online/$675 paper as of 2026)
You can file online or mail the petition to USCIS. Once filed, USCIS assigns a “priority date”, essentially your place in line.
Step 2: Wait for Your Turn (For Most Cases)
If your family member is an immediate relative of a U.S. citizen, they can move forward right away. Everyone else has to wait until their priority date becomes “current” based on monthly visa bulletins.
During this waiting period, it’s crucial that your family member maintains legal status if they’re in the U.S. and avoids any actions that could hurt their case.
Step 3: Choose Your Path to the Green Card
Once your turn comes up, your family member has two main options:
Consular Processing (If They’re Outside the U.S.):
- Apply through a U.S. embassy or consulate in their home country
- Attend an interview overseas
- Get an immigrant visa to travel to the U.S.
- Receive their green card after arrival
Adjustment of Status (If They’re Already in the U.S. Legally):
- Apply to get their green card without leaving the country
- Attend an interview at a local USCIS office
- Often can get work and travel permission while waiting
If your family member is already in the U.S. and a visa is immediately available, they might be able to file both forms at the same time, which can speed up the process significantly.
The process can seem complex, and small mistakes can cause major delays. If you want to ensure everything is done correctly from the start, we can guide you through each step and handle the paperwork for you.
What Problems Might Come Up During the Process?
Common challenges include long wait times, criminal history issues, previous immigration violations, and health problems, but most issues can be resolved with proper planning.
While family immigration is generally straightforward, complications can arise. Knowing about potential challenges ahead of time helps you prepare and address them early.
What If the Wait Times Are Too Long?
Wait times for some categories can be incredibly frustrating—sometimes over a decade. While you can’t speed up the government’s processing, you can:
Make sure your petitioner becomes a U.S. citizen if eligible (this often moves cases to faster categories)
- Keep all your documentation updated
- Maintain clean records and legal status
- Consider whether there are other immigration options available
What If My Family Member Has a Criminal Record?
Criminal convictions don’t automatically disqualify someone, but they do create complications. The specific crime, when it happened, and the circumstances all matter. Many people with criminal records successfully get green cards with proper legal strategy.
Sometimes you can apply for a “waiver” that essentially asks the government to forgive the issue. These waivers require careful preparation and strong evidence about why they should be granted.
What If They’ve Had Previous Immigration Problems?
Issues like overstaying a visa, entering illegally, or previous deportation orders create challenges but don’t necessarily end the case. Some people can fix these problems through the family immigration process itself, while others might need additional steps.
Each situation is unique, and immigration law provides various forms of relief for different circumstances. The key is getting proper legal analysis early to understand your options.
What About the Public Charge Rule?
The government wants to make sure new immigrants won’t need public assistance. They look at factors like age, health, education, skills, and financial resources. Most family immigrants can easily overcome this requirement, especially with proper preparation.
New Jersey also offers various state-funded programs that don’t count against people for immigration purposes, giving families additional resources during the transition.
If you’re facing any complications or have concerns about potential issues, don’t try to handle them alone. These problems often have solutions, but they require experience and strategy to resolve successfully.
How Long Does This Take and How Much Does It Cost?
Immediate relatives typically wait 12-18 months and spend $3,000-$10,000. Other relatives wait several years to over a decade and face similar costs.
Understanding the timeline and expenses helps you plan properly and avoid surprises along the way.
How Long Will My Family Wait?
Immediate Relatives (U.S. Citizen Sponsors Only):
- Spouses, unmarried children under 21, parents
- Usually 12-18 months total
- No waiting for visa numbers, just processing time
Family Preference Categories:
- F1 (Adult unmarried children of citizens): 7+ years
- F2A (Spouses/kids of green card holders): 2-3 years
- F2B (Adult unmarried children of green card holders): 5-7 years
- F3 (Married children of citizens): 10+ years
- F4 (Siblings of citizens): 15+ years
Wait times change based on your country of birth and how many people are in line ahead of you. People from some countries (like Mexico, Philippines, India, and China) often wait longer due to higher demand.
What Will This Cost My Family?
Government Fees (2026 rates, subject to change):
- Form I-130: $625 (online)/$675 (paper)
- Adjustment of Status (I-485): $1,440
- Work Authorization (I-765): $520
- Travel Document (I-131): $630
- Consular Processing Fee: $325
Other Typical Costs:
- Medical exam: $200-$500
- Document translation: $100-$300
- Photos: $50-$100
- Legal representation: $2,500-$8,000 (depending on complexity)
Total typical range: $3,000-$10,000+
The cost can vary significantly based on your specific situation, whether complications arise, and how much legal help you need. While it’s a significant investment, most families find that having professional guidance actually saves money by avoiding mistakes and delays.
Every case is different, and speaking with an attorney can help you understand realistic timeframes and costs for your specific situation. We’re here to help you plan and budget appropriately for your family’s immigration journey.
Common Questions About Family Immigration
Q. Can I Sponsor My Grandparents, Aunts, or Cousins?
A. No, unfortunately, you can’t directly sponsor extended family members like grandparents, grandchildren, aunts, uncles, or cousins. U.S. immigration law only allows direct sponsorship of spouses, children, parents, and siblings. However, there might be indirect strategies. For example, if you sponsor your parents, they could eventually sponsor their other children (your siblings) once they become permanent residents or citizens.
Q. What If My Family Member Is Here Illegally?
A. Being in the U.S. without legal status creates complications, but it doesn’t necessarily prevent immigration. Some people can still adjust their status here, while others might need to return to their home country for consular processing (which could trigger bars to re-entry). Each situation requires careful legal analysis. Sometimes there are strategies to resolve the status issues, and sometimes the family benefits outweigh the risks of proceeding despite complications.
Q. Will Becoming a U.S. Citizen Help My Family’s Case?
A. Often, yes, sometimes dramatically. If you become a U.S. citizen:
- Your spouse and unmarried children under 21 move to immediate relative status (no more waiting)
- You can sponsor parents (which permanent residents cannot do)
- You can sponsor siblings (which permanent residents cannot do)
- Some preference category cases move to faster categories
If you’re eligible for citizenship, it’s often worth pursuing specifically to help your family’s immigration case.
Q. What If My Relative Lives in a Dangerous Country?
A. While the immigration process generally requires following standard procedures, there are sometimes special programs for people from countries experiencing warfare, natural disasters, or other dangerous conditions. These might include refugee programs, asylum options, or temporary protected status.
Q. How Can I Check on My Case?
A. You can check your case status online using your USCIS receipt number. For preference category cases, you should also monitor the monthly State Department Visa Bulletin to see when your priority date becomes current. If you have specific questions about your case or need help understanding what’s happening, we’re always here to help you navigate the process and understand where things stand.
Ready to Start Bringing Your Family Together?
Family immigration is more than just legal paperwork—it’s about reuniting with the people you love most. If you’re reading this, you’re probably dealing with the heartache of separation and the frustration of complex immigration laws. You’re not alone in feeling overwhelmed.
At our law firm, we’ve helped hundreds of New Jersey families successfully navigate this process. We understand that every day apart feels too long, and we’re committed to moving your case forward as efficiently as possible while avoiding the costly mistakes that can cause delays.
We know the federal immigration laws inside and out, and we stay current with New Jersey’s supportive state policies that can benefit immigrant families. From filing that first I-130 petition to celebrating when your family member gets their green card, we’re with you every step of the way.
The immigration system can be confusing and intimidating, but you don’t have to figure it out alone. Whether you’re ready to start the petition process tomorrow, dealing with unexpected complications, or just need someone to explain your options in plain English, we’re here to help.
Don’t let another day pass wondering “what if” or worrying about doing something wrong.
Your family’s reunion is too important to leave to chance.
Contact us today to schedule your consultation. Together, we’ll create a strategy tailored to your family’s unique situation and start building the path that brings your loved ones home to New Jersey. The process starts with a single step—let us help you take it.
