By Richard T. Herman, Esq. — Immigration Lawyer for Over 30 Years
At a Glance
Family-based immigration remains one of the most important—and most misunderstood—pathways to U.S. permanent residence. Whether you’re a U.S. citizen or a lawful permanent resident (green card holder), knowing who you can sponsor, how long it takes, and what category applies can save years of confusion and delay. Only U.S. citizens and lawful permanent residents may sponsor relatives through family-based immigration.
Understanding the application process and eligibility requirements is crucial for a successful family-based immigration journey.
This updated 2025 guide explains it all in a chart-based, comparison-driven, and easy-to-navigate format—ideal for today’s AI-driven readers and families seeking clarity. Family-based immigration is divided into two categories: immediate relatives and family preference categories.
Who Can Sponsor Whom in 2025?
Family based immigration petitions allow U.S. citizens and lawful permanent residents to sponsor close relatives under specific family based immigration categories. The chart below outlines who can sponsor whom, based on the petitioner’s immigration status and the applicable family based immigration categories.
| Immigration Status of Petitioner | Eligible Family Member Beneficiaries | Visa Bulletin Category (2025) |
|---|---|---|
| U.S. Citizen (21+) | Spouse | Immediate Relative (No Wait) |
| Parent | Immediate Relative (No Wait) | |
| Unmarried Child (Under 21) | Immediate Relative (No Wait) | |
| Unmarried Son/Daughter (21+) | FB1 – Family First Preference | |
| Married Son/Daughter (Any Age) | FB3 – Family Third Preference | |
| Brother/Sister | FB4 – Family Fourth Preference | |
| Lawful Permanent Resident (21+) | Spouse | FB2A – Family Second Preference (A) |
| Unmarried Child (Under 21) | FB2A – Family Second Preference (A) | |
| Unmarried Son/Daughter (21+) | FB2B – Family Second Preference (B) |
Note: Under U.S. immigration law, adopted children are included as eligible family members for family based immigration petitions and may be sponsored as close relatives within the appropriate family based immigration categories.
Key Insight
- U.S. citizens have the broadest sponsorship rights—covering parents, married children, and siblings.
- Green card holders can only sponsor spouses and unmarried children.
Immediate relatives of U.S. citizens have no annual visa limits and can apply for a green card without waiting for a visa to become available. This category also benefits from quicker processing times due to the absence of these limits.
Important Note:
You cannot directly sponsor cousins, aunts, uncles, grandparents, or in-laws under U.S. law.
Understanding “Immediate Relatives” vs. “Family Preferences”
Family-based immigration categories are divided into the Immediate Relative Category and the Family Preference Category. Immediate relatives of U.S. citizens benefit from unlimited visa availability, meaning there are no annual caps and typically shorter processing times. In contrast, the Family Preference Category is subject to annual caps, which limit visa availability each year and result in longer wait times for applicants, especially from backlogged countries.
| Category | Who Qualifies | Typical Wait Time (2025) | Backlogged Countries |
|---|---|---|---|
| Immediate Relatives (IR) | Spouses, parents, and unmarried children of U.S. citizens | No visa backlog; processing in 12–18 months | None |
| FB1 – Unmarried Sons/Daughters (21+) of U.S. Citizens | Adult children | 7–10 years average | Mexico, Philippines |
| FB2A – Spouses/Children (Under 21) of LPRs | Core family unit | 2–3 years | Mexico, India |
| FB2B – Unmarried Sons/Daughters (21+) of LPRs | Adult children | 8–11 years | Mexico, Philippines |
| FB3 – Married Sons/Daughters of U.S. Citizens | Married children | 10–15 years | Philippines, Mexico |
| FB4 – Siblings of U.S. Citizens | Brothers/Sisters | 15–20 years | Mexico, India, Philippines |
Fast Fact
Immediate relatives of U.S. citizens are not subject to annual caps, unlike family preference categories that have yearly numerical limitations. This means they skip the visa bulletin wait—though they still face standard USCIS and NVC processing delays.
How the Process Works (Step-by-Step, 2025 Update)
- Petition Filing (Form I-130)The family-based immigration application process begins when the U.S. citizen or green card holder files an I-130 Petition for Alien Relative to establish the qualifying relationship. The I-130 petition is a formal request to USCIS, and requests for additional evidence may be made during the application process. Family immigration petitions require substantial documentation, including certified birth certificates, to prove the relationship between the petitioner and beneficiary.
- This filing date becomes the priority date—your place in line.
- Visa Number AvailabilityWhen the priority date becomes current according to the U.S. State Department Visa Bulletin, the beneficiary can move forward.
- Adjustment of Status or Consular Processing
- Inside the U.S. → Apply via Form I-485 to adjust status.
- Outside the U.S. → Complete a visa application through Consular Processing with the National Visa Center (NVC).
- Green Card ApprovalAfter background checks, a required medical exam and medical examination, payment of government fees at various stages, and an interview, the family member receives a lawful permanent resident card.
Inadmissibility issues may arise during the process and must be addressed before legal permanent residency can be granted.
Expert Tip
Always keep copies of birth, marriage, and naturalization certificates up-to-date. Missing documentation is one of the top reasons family petitions get delayed in 2025.
Derivative Beneficiaries: What About the Kids?
| Case Type | Can Spouse/Children Benefit Automatically? | Notes |
|---|---|---|
| Family Preference (FB categories) | ✅ Yes | Spouses and unmarried children under 21, including adopted children who meet legal requirements, are derivative beneficiaries. |
| Immediate Relative Cases | ❌ No | Separate I-130s must be filed for each relative. |
Example A:A U.S. citizen files for his brother under FB4. Once current, the brother’s spouse and unmarried children under 21 (including eligible adopted children) can also immigrate.
Example B:A U.S. citizen files for his mother (immediate relative). The father or siblings must have separate petitions, as there are no derivative beneficiaries in this category.
Need to Know
If you forget to file separate I-130s for dependents in immediate relative cases, you could add years of delay to your family’s immigration journey.
The 2025 Visa Bulletin Reality Check
In 2025, global backlogs continue to stretch family-based wait times—especially for Mexico, the Philippines, and India. Visa availability for family based immigration categories is determined by annual caps, which leads to long wait times for certain countries. Family preference categories are subject to annual visa limits, causing applicants to wait for a visa to become available. These numerical limitations significantly contribute to the extended wait times.
- FB4 (Siblings) remains the most delayed, often 15–20 years.
- FB2A (Spouses/Children of LPRs) remains favorable, though slowed by processing backlogs.
- USCIS “Dates for Filing” charts may sometimes allow early filing even if the final action date isn’t current.
Key Resource:Latest U.S. Visa Bulletin
Policy Insight (2025)
USCIS continues digitizing family petitions and expanding premium processing for I-130 forms filed online, improving efficiency—but not reducing visa wait lists.
Who You Cannot Sponsor
| Not Eligible for Direct Sponsorship |
|---|
| Grandparents |
| Aunts or Uncles |
| Cousins |
| In-Laws (e.g., daughter-in-law, brother-in-law) |
Clarification:
If an aunt files for her brother, that brother’s spouse and children may immigrate as derivatives—but the aunt is not directly sponsoring the niece or nephew.
Comparison: U.S. Citizen vs. Green Card Holder Sponsorship (2025)
| Feature | U.S. Citizen | Green Card Holder (Legal Permanent Resident) |
|---|---|---|
| Can Sponsor Parents | ✅ Yes | ❌ No |
| Can Sponsor Married Children | ✅ Yes | ❌ No |
| Can Sponsor Siblings | ✅ Yes | ❌ No |
| Can Sponsor Fiancé(e) | ✅ K-1 Visa | ❌ No |
| Visa Backlog for Core Family (Spouse/Minor Child) | None | 2–3 Years |
| Work Authorization Available During Process | Yes (if in U.S. and I-485 filed) | Limited |
Green card holders, also known as legal permanent residents, have more limited options to sponsor loved ones compared to U.S. citizens. Obtaining citizenship through naturalization can expand your ability to sponsor additional loved ones, such as parents, married children, and siblings, helping to reunite families and provide full legal rights.
Important Note
If you’re a green card holder planning to naturalize, doing so before filing I-130s can expand who you can sponsor—and how fast their visas are available.
Adjustment of Status: The Path to a Green Card in 2025
Adjustment of Status (AOS) is a key aspect of the family-based immigration process, offering eligible family members already in the United States a direct route to lawful permanent residency—without having to leave the country. For many families, this process is the most efficient way to secure a green card and achieve permanent resident status.
Frequently Asked Questions (2025)
Q1: How long does it take for my spouse to get a green card?If you’re a U.S. citizen: about 12–18 months. If you’re a green card holder (legal permanent resident): 2–3 years (FB2A backlog).
Q2: Can I include my stepchild?Yes—if the marriage creating the step-relationship occurred before the child’s 18th birthday. Eligibility for family-based immigration is determined under the Immigration and Nationality Act.
Q3: Can my parents come to the U.S. while waiting?They may apply for a visitor visa, but consulates often deny tourist visas if an immigrant intent is evident. Certain documents may be required for immigration purposes.
Q4: Do I need an affidavit of support?Yes. You must file Form I-864 proving sufficient income or assets to support your relative. Petitioners are required to demonstrate their financial capability to support the immigrant through this affidavit. During the process, USCIS may issue requests for additional evidence if needed.
2025 Processing Trends
- USCIS average I-130 timeline: 10–14 months
- NVC** document review backlog:** 3–6 months
- Consular interview delays: Improving, but still uneven globally
- Digital case tracking: Expanding via myUSCIS. Immigration services such as USCIS provide updates and support for family based immigration petitions, allowing applicants to monitor their case status online.
- Family preference applicants must monitor the U.S. Department of State’s monthly Visa Bulletin for their priority date. The Visa Bulletin provides updates on the priority dates for issuing green cards in each category.
Essential Info
Family-based immigration remains the foundation of the U.S. immigration system, accounting for nearly 65% of all green cards issued annually. However, decades of backlogs mean strategic planning—and experienced legal guidance—are critical.
Finding an Immigration Law Firm in Ohio That Specializes in Family-Based Immigration
Choosing the right immigration law firm can make a significant difference in your family-based petition’s outcome. Specialized law firms offer a range of immigration services, including assistance with family-based petitions, to help clients navigate complex U.S. immigration procedures. In 2025, with backlog and processing complexity rising, Ohio-based firms that specialise in the I-130/I-485 family-based path, consular processing, and waiver issues are particularly valuable.
At a Glance: What to Look For
| Feature | Why It Matters | Questions to Ask |
|---|---|---|
| Family-Based Immigration Focus | Ensures the firm has handled I-130 petitions, derivative issues, and dependent children cases. | “How many I-130/I-485 family cases have you handled in the past year?” |
| Experience With Complex Situations | Mixed-status families, prior deportation, or inadmissibility can complicate cases. | “Have you handled waivers (I-601/I-601A) or consular processing for family-based petitions?” |
| Local Ohio Presence | Firms familiar with Ohio’s USCIS field offices and regional consulates can streamline communication and logistics. | “Do you handle cases in the Cleveland or Columbus filing jurisdictions?” |
| Multilingual Staff | Many clients prefer legal guidance in their native language, which can reduce misunderstandings. | “What languages does your staff speak?” |
| Transparent Fee Structure & Communication | Clear fees and responsive communication reduce surprises and stress. | “Do you offer flat-fee family-based packages? How often will I receive updates on my case?” |
Comparison of Leading Ohio Immigration Law Firms (2025)
| Law Firm | Location (Headquarters) | Family-Based Immigration Focus | Languages / Notable Features | Website / Link |
|---|---|---|---|---|
| Herman Legal Group | Cleveland, OH | Full family-based practice: I-130, marriage green cards, parent/child, consular processing | Multilingual team (12+ languages) | Visit Herman Legal Group (Herman Legal Group) |
| Sarmiento Immigration Law Firm | Cleveland, OH | Strong focus on family-based and marriage-based green cards | English, Spanish, Tagalog, Mandarin, Korean | Visit Sarmiento Immigration Law Firm |
| Shihab Burke, LLC, Attorneys at Law | Columbus, OH & region | Family-based immigration (spouse, fiancé(e), removal of conditions) + employment immigration | Offices enabling statewide service; also has Dublin, OH location (immigrationvisaattorney.com) | Visit Shihab Burke, LLC |
Client Reviews of Immigration Law Firms
Herman Legal Group
“I have had the pleasure of working with Richard Herman and his firm … He is extremely well-versed in immigration law, and he is passionate …” Herman Legal Group
“My husband and I have been working with Richard and the team since mid-2019 on my permanent residency process. … They were absolutely fantastic, extremely knowledgeable, very helpful …” Avvo
Key Takeaway: Clients emphasise deep subject-matter expertise and personal commitment—especially for complex family-based cases.
Sarmiento Immigration Law Firm
“Atty JP Sarmiento and his paralegal Arty helped us in not one, not two, but three different cases! I’ve successfully been approved for a green card…” Sarmiento Immigration
“They were always available to answer our questions and provide updates on our case status. They genuinely cared about our success and went above and beyond…” Attorney at Law | Hire a Lawyer
Key Takeaway: Clients highlight responsiveness and smooth communication—important when working through family-based backlog and derivative issues.
Shihab Burke, LLC, Attorneys at Law
“I had a really good experience working with Shihab Burke on my case. Right from the start, they were professional, knew the process inside out, and communicated…” Shihab Burke Immigration Attorneys
Peer review: “Legal Knowledge 5.0/5.0 … Judgment 4.9/5.0 … Communication 4.8/5.0” for immigration and naturalization. Martindale.com
Key Takeaway: Strong peer ratings and client reviews signal reliability in handling family-based immigration, as well as employment/waiver matters.
Expert Tip
Before signing any engagement agreement: ask the firm for sample timelines based on your category (e.g., spouses of U.S. citizens vs. siblings of U.S. citizens) and what happens if your priority date retrogresses. Knowing the path ahead helps you plan for delays that still happen in 2025.
Key Insight
Because the law and backlog dynamics are shifting, a law firm that handled family-based cases 10 years ago may not be prepared for 2025’s backlog, derivative beneficiary rules, and multi-agency coordination (USCIS → NVC → consulate). Ensure the firm has recent experience.
Need to Know
Selecting a firm solely because the fee is lowest can lead to extra cost later through mistakes or delays. Investing in specialized family-based immigration counsel can reduce errors, expedite your case, and often pays off.
Key Takeaways
- Only U.S. citizens (21+) can sponsor parents, married children, and siblings.
- Green card holders are limited to spouses and unmarried children.
- Immediate relatives skip visa queues; preference categories do not.
- Each family relationship may require a separate I-130.
- Derivative benefits exist only in preference categories.
- Track your case with the U.S. Visa Bulletin monthly.
Author Bio / Profile
Richard T. Herman, Esq.
Immigration Lawyer | Author | Founder, Herman Legal Group
Richard Herman has been a passionate advocate for immigrants for over 30 years. As founder of Herman Legal Group — The Law Firm for Immigrants, he leads a multilingual team serving families nationwide.
He is co-author of Immigrant, Inc., and frequently appears in national media as an expert on U.S. immigration law.
Connect with Richard or book a consultation to discuss your family’s immigration options.
