Family-Based Immigration Step-by-Step Guide for Spouses, Children & Parents

Family-based immigration is one of the most common ways for families to reunite in the U.S. With recent enforcement changes and stricter vetting under the Trump administration, it’s essential to understand current policies, backlogs, and how to avoid delays. This guide covers the entire process for spouses, children, and parents of U.S. citizens or lawful permanent residents (LPRs), including key news updates, practical steps, and FAQs.

What’s New in 2025--26 for Family-Based Immigration

• The U.S. Citizenship and Immigration Services (USCIS) released updated guidance on family-based petitions, effective August 1, 2025, requiring stricter vetting and interviews to detect fraud.

• The State Department and DHS confirmed stronger public charge enforcement in family-based visa cases, affecting how applicants must demonstrate financial stability.

• The monthly Visa Bulletin for December 2025 shows limited movement in family-sponsored categories, increasing wait times, especially for applicants from high-demand countries.

  
  

These changes mean applicants should expect more scrutiny, slower processing, and the need for stronger, well-organized documentation.

Understanding the Family-Based Immigration Pathway

According to the U.S. Department of State:

• “Immediate Relative” visas are unlimited and reserved for a U.S. citizen sponsoring a spouse, unmarried child under 21, or parent.

• “Family Preference” visas apply to more distant relations (e.g., siblings, adult children) and are limited each fiscal year.

Key categories involved in spouse, child, and parent cases:

• Spouses of U.S. citizens (IR-1 / CR-1)

• Fiancé(e) visa (K-1) followed by spouse petition

• Unmarried children under 21 of U.S. citizens or LPRs

• Parents of U.S. citizens over 21

• Removing conditions on residence (I-751) when a marriage-based Green Card was conditional

Step-by-Step Process for Family-Based Immigration

Step 1 – Eligibility Check

• The sponsor must be a U.S. citizen or LPR. U.S. citizens can sponsor spouses, unmarried children under 21, and parents if the citizen is over 21. Lawful permanent residents can sponsor spouses and unmarried children, but not parents.

• For spouses, marriage must be legally valid and bona fide.

• To sponsor parents, the U.S. citizen must be at least 21 years old.

• For children, age and marital status matter.

• If the marriage‐based Green Card was conditional, you must file for removal of conditions via I-751.

Step 2 – File the Benefit Petition

• U.S. citizen files Spouse & Fiancé(e) Visas (IR/CR-1, K-1, K-3) or family petition Parents, Children & Siblings.

• Include proof of relationship: marriage certificate, joint finances, shared residence, and photos.

• Pay the filing fee and submit it to USCIS.

Step 3 – Approval of Petition & National Visa Center Transfer

• Once approved, the case moves to NVC and then to consular processing (if abroad) or adjustment of status in the U.S.

• Check the monthly Visa Bulletin for family preference categories to see if a visa number is available.

  
  

Step 4 – Apply for an Immigrant Visa or an Adjustment of Status

• If inside the U.S., eligible for adjustment of status, then file for a Green Card.

• If abroad, attend a visa interview at the U.S. consulate.

• Submit medical exam, police records, and proof of sponsor’s income (Affidavit of Support).

Step 5 – Enter the U.S. or Receive Permanent Resident Status

• Once a visa is issued, enter the U.S. or receive a Green Card; the spouse/child/parent becomes an LPR.

• If applicable, a two-year conditional Green Card must lead to filing an I-751 to remove conditions.

What Applicants Should Know About Backlogs & Timing

• Immediate Relative cases generally move faster than preference family categories, but vetting may add weeks or months.

• For countries with high demand (e.g., India, Mexico, Philippines), preference categories face long wait times, and “Final Action Dates” barely move.

• Stricter checks introduced in 2025 mean additional documentation may be requested.

• Applicants abroad should monitor consulate operations and visa interview wait times.

Common Questions & Answers

Do I need to be in the U.S. to apply?

No. A spouse or child petition can start from abroad via consular processing.

What happens if our marriage ends before petition approval?

Divorce may affect eligibility unless you qualify under special waivers or previously filed with the intent to adjust.

What is the public charge rule?

Recent guidance expands financial review of family-based immigrants to ensure they will not become a “public charge”.

Will changes under the Trump administration affect family petitions?

Yes. Heightened vetting, fee increases, and policy shifts mean some cases may face longer delays and stricter screening.

How can I avoid problems at petition time?

Submit credible documentation of the relationship, proof of the sponsor’s income, clean records for the applicant and the sponsor, and respond to requests quickly.

How T.P.L. Global Supports Your Case

T.P.L. Global, led by Attorney Tejas G. Patel, specializes in family-based immigration for spouses, children, and parents. The firm helps with:

• Spouse & Fiancé(e) petitions

• Parents, children & siblings petitions

• Removal of conditions on residence

• Green Card applications and eligibility reviews

• Addressing complex issues like vetting delays or public charge concerns

If you’re preparing a family immigration petition or facing complications, book your consultation to discuss your options with experienced legal counsel.