New Jersey Family-Based Immigration Attorneys

Helping Families Reunite Through U.S. Immigration Law

If you’re a U.S. citizen or lawful permanent resident with family members living abroad, you may be eligible to sponsor them for lawful permanent residency (green cards) through family-based immigration. This process allows your loved ones to join you in the United States and begin building a future here. However, navigating the immigration system can be complex and overwhelming without experienced legal guidance.

At Parikh Law Group, our dedicated team of New Jersey family immigration attorneys has helped countless families successfully reunite through the U.S. immigration process. We provide personalized legal support to help you understand your options, prepare your petition, and overcome potential challenges along the way.

Whether you’re sponsoring a spouse, fiancé, parent, child, or sibling, we are here to ensure that every step of your family-based immigration journey is handled with care, efficiency, and legal precision.

Schedule a consultation with our knowledgeable New Jersey immigration lawyers today to learn how we can help bring your loved ones home.

What Is Family-Based Immigration?

Understanding How to Bring Your Loved Ones to the U.S.

Family-based immigration is a legal process that allows U.S. citizens and lawful permanent residents (green card holders) to sponsor certain family members for lawful immigration status. It is one of the most common—and often most accessible—paths for foreign nationals to become permanent residents of the United States.

There are two main categories of family-based visas:

1. Immediate Relative Visas (IR)

This visa category is available exclusively to U.S. citizens who wish to sponsor close family members, including:

Spouses
Unmarried children under the age of 21
Parents

One of the key benefits of the immediate relative category is that there is no annual cap on the number of visas issued. This means eligible family members can typically obtain their green cards more quickly, without long wait times.

2. Family Preference Visas (F)

Family preference visas are available to both U.S. citizens and lawful permanent residents who want to sponsor other family members, such as:

Spouses and unmarried children of green card holders (F2 category)
Married or adult children of U.S. citizens
Siblings of U.S. citizens

Unlike immediate relative visas, family preference visas are subject to annual numerical limits, which can lead to longer processing times depending on the relative’s country of origin and visa category.

If you’re unsure which family-based immigration path is right for your situation, our New Jersey immigration attorneys at the Parikh Law Group are here to help. We can assess your eligibility, explain your options, and guide you through the process of bringing your loved ones to the United States.

Which Family Members Can You Sponsor Through Family-Based Immigration?

Your ability to sponsor family members for immigration to the United States depends on your legal status—whether you are a U.S. citizen or a lawful permanent resident (green card holder)—and in some cases, your age. Understanding who you can sponsor and under which visa category is critical to a successful family-based immigration petition.

A knowledgeable New Jersey immigration lawyer at Parikh Law Group can help you determine the best path forward based on your family’s unique situation.

If You Are a U.S. Citizen, You Can Sponsor:

Your spouse
Children of any age, whether married or unmarried
Parents, if you are 21 years or older
Siblings, if you are 21 years or older

If You Are a Lawful Permanent Resident (Green Card Holder), You Can Sponsor:

Your spouse
Your unmarried children, regardless of age

Note: Lawful permanent residents must use the family preference visa category to sponsor a spouse or unmarried children. U.S. citizens must also use this category when sponsoring adult children or siblings.

Understanding Family Preference Categories

Since the number of family preference visas issued each year is limited, visa processing times can vary based on category and country of origin. Below are the preference categories and who qualifies for each:

F1 – Unmarried sons and daughters (age 21 or older) of U.S. citizens, and their minor children
F2A – Spouses and unmarried minor children (under 21) of lawful permanent residents
F2B – Unmarried adult children (21 or older) of lawful permanent residents
F3 – Married children of U.S. citizens, along with their spouses and minor children
F4 – Siblings of U.S. citizens (21 or older), along with their spouses and minor children

Work with a Trusted New Jersey Family Immigration Attorney

The family-based immigration process can be complex, especially when navigating priority categories, required documentation, and USCIS procedures. That’s why having an experienced legal team by your side is essential.

At Parikh Law Group, our New Jersey immigration attorneys have successfully helped numerous families reunite in the United States. We will assist you at every step—from selecting the appropriate visa category to preparing your petition and ensuring that all necessary forms and evidence are submitted accurately and on time.

If you’re ready to sponsor a family member for a green card or want to learn more about your options, contact our office today to schedule a consultation.

Navigating Adjustment of Status vs. Consular Processing

In family-based immigration cases, your relative may be eligible to apply for a green card from either inside or outside the United States. The correct process depends on their current location and immigration status.

Consular Processing (Outside the U.S.)

If your family member is currently living abroad, once your family-based petition (Form I-130) is approved, they will need to complete the green card process through consular processing. This involves:

Attending an interview at a U.S. embassy or consulate in their home country
Submitting required documentation and undergoing medical exams
Receiving an immigrant visa to enter the United States

Consular processing is typically required when the applicant has no legal immigration status in the U.S. or has not previously entered the country.

Adjustment of Status (Inside the U.S.)

If your relative is already legally present in the United States—such as on a student, work, or visitor visa—they may be eligible for adjustment of status without having to leave the country.

To do this, you can file Form I-485 (Application to Register Permanent Residence or Adjust Status) alongside or after the Form I-130. This process allows your family member to:

Apply for a green card while remaining in the U.S.
Receive work and travel authorization during the application process
Possibly avoid consular processing abroad

USCIS may require your family member to attend a biometrics appointment or an adjustment of status interview, and to provide additional documentation depending on their case.

Why Legal Guidance Matters

Navigating family-based immigration—especially determining whether consular processing or adjustment of status is appropriate—can be complicated. Each option has specific eligibility rules, timelines, and procedural steps. Mistakes or delays can significantly impact your family member’s ability to obtain permanent residency.

At Parikh Law Group, our experienced New Jersey family immigration attorneys provide trusted, step-by-step guidance throughout the entire process. Whether your case involves adjustment of status, consular processing, or other immigration-related matters, we’re here to ensure your family’s future is protected.

Contact our office today to schedule a consultation and take the next step toward reuniting with your loved ones in the United States.

Frequently Asked Questions: Family Based Immigration

1. Can my family member stay in the U.S. while waiting for their green card?

If your family member is eligible to adjust status and has a valid visa or legal entry, they may remain in the U.S. while their Form I-485 is pending. They may also apply for work authorization (EAD) and advance parole (travel document) as part of the adjustment process.

2. What if my family member overstayed their visa—can they still adjust status?

It depends. If you’re a U.S. citizen sponsoring an immediate relative (spouse, parent, or unmarried child under 21), your family member may still be eligible for adjustment of status despite the overstay. However, if you’re a green card holder or the relationship falls under a preference category, visa overstay or unlawful presence may complicate the case. Consult with an immigration attorney to evaluate your options and possible waivers.

3. How long does adjustment of status take?

The adjustment of status process typically takes 8–14 months, depending on your local USCIS field office and whether additional evidence or interviews are required. Immediate relatives of U.S. citizens usually experience faster processing compared to family preference categories, which may involve longer wait times due to visa backlogs.

4. What is the difference between consular processing and adjustment of status?

Adjustment of Status is used when the applicant is already inside the U.S. and eligible to apply for a green card without leaving.
Consular Processing is required for applicants living abroad or those who do not qualify for adjustment. The green card interview takes place at a U.S. embassy or consulate in the applicant’s home country.

5. Can my relative work while waiting for a green card in the U.S.?

Yes, if your family member applies for and receives a work permit (Form I-765) while their adjustment of status is pending. This allows them to legally work in the U.S. while USCIS processes their green card application.

6. What documents are needed to file Form I-485 for a family-based green card?

Typical supporting documents include:

A copy of the approved Form I-130 receipt or concurrent filing
Proof of legal entry (I-94, visa stamp)
Birth certificate and passport
Medical examination (Form I-693)
Affidavit of Support (Form I-864) from the sponsor
Two passport-style photos
Additional identity, relationship, or immigration status documents depending on the case

7. What happens if the adjustment of status application is denied?

If denied, USCIS will issue a written explanation. Denials may be appealed or reopened in some cases, depending on the reason for the denial. If the applicant is out of status, they may be placed in removal proceedings. Legal representation is essential in these situations to explore appeals, motions to reopen, or waivers.

8. Should I hire an attorney for my family member’s green card application?

Yes. Immigration laws and procedures are complex and constantly changing. An experienced immigration attorney can:

Determine your family member’s eligibility
Help choose between adjustment of status and consular processing
Ensure all required forms and evidence are properly filed
Address complications such as visa overstays, unlawful presence, or inadmissibility issues

At Parikh Law Group, our team is here to guide you through every step of the family immigration process.

Ready to Work with Trusted New Jersey Family-Based Immigration Attorneys?

At Parikh Law Group, we know how important it is to build your future in the United States alongside the people you love. That’s why we are committed to helping families navigate the complex U.S. immigration system with confidence and care.

Whether you’re seeking to sponsor a relative for a green card, apply for U.S. citizenship, or protect a loved one facing removal proceedings, our experienced immigration attorneys are here to guide you every step of the way. We offer strategic legal planning, individualized attention, and compassionate advocacy tailored to your family’s unique needs.

Your immigration goals matter—and we’re ready to help you achieve them.

Contact Parikh Law Group today at 973-577-5159 to schedule a consultation and learn how our New Jersey family immigration lawyers can support your journey toward reunification and permanent residency.