US citizens and Green Card holders can offer spouses and family members the opportunity to immigrate and reside here lawfully. Family-based Green Cards (GCs) for immediate relatives are always available. However, for other relatives, they can take several years or even a decade to receive, depending on the immigrant’s country of origin.
Unfortunately, the process is full of new pitfalls in 2025. An applicant can face a sudden adverse decision without warning—at best, causing delay, pain, and expense; at worst, immediate deportation. To protect yourself and your family, work with a California immigration attorney who understands local conditions and national policy changes.
Who Can Sponsor Relatives and Which Ones?
The law allows US citizens to sponsor spouses, children, and (if the citizen is 21 or older) parents, brothers, and sisters. The US citizens must file the initial petitions, although the widows or widowers of citizens can file petitions on their own behalf. Lawful permanent residents (LPRs), who hold Green Cards, can sponsor their spouses and unmarried children. However, the government has annual limits on some categories of family-based visa applicants.
There is no annual limit on immigrant visas for immediate relatives of US citizens—parents of adult citizens, unmarried children under 21, and spouses, including widows and widowers.
For other relatives, family-based visas are limited to 226,000 applicants per year (as of 2025). The government prioritizes them in this order:
- First preference (F1) – unmarried children (21+ years old) of citizens
- Second preference (F2A) – spouses and children (unmarried and under 21) of LPRs
- Second preference (F2B) – unmarried children (21+ years old) of LPRs
- Third preference (F3) – married children of citizens
- Fourth preference (F4) – siblings of citizens, if the citizen is 21+ years old
Eligibility for Admission—Bars and Waivers
The relatives must also be admissible to the US on the same terms as any other visa applicant. Immigration law specifies many possible bars to admissibility for a visa applicant, most of which fall under the following categories:
Health Reasons
These include drug addiction, communicable diseases, lack of specific vaccinations, or disorders that cause “harmful behavior that is likely to recur.”
Criminal History
Several types of criminal violations will bar admission, including drug offenses and crimes involving moral turpitude (CIMTs). CIMTs generally involve violence, theft, fraud, and other “base, vile, and depraved” acts, but policy changes can result in a broader interpretation of this term.
National Security Concerns
This is theoretically limited to anyone whom an immigration official or judge “knows or has reasonable ground to believe” intends to commit espionage, sabotage, or overthrow the US government, as well as anyone associated with terrorists or presenting “a threat to foreign policy.” However, an official’s prejudice against the applicant’s political opinions may be enough. Please talk to an immigration attorney about any possible issues that could arise here.
Likelihood of Becoming a Public Charge
Officials will consider the applicant’s age, health, personal resources, family status, work history, and other factors to determine whether they will likely be “primarily dependent on” government assistance.
Fraud or Misrepresentation
These are major disqualifiers in the visa process, particularly marriage fraud. Officials will examine citizens and their spouses carefully to confirm that they are in bona fide relationships.
Prior Removals or Unlawful Presence
Anyone over 18 years old who stayed in the US without documentation for more than 180 days is inadmissible. However, they may be eligible for admission again within three to ten years, depending on the circumstances. Prior removal or deportation also acts as a bar for a certain period.
Waivers of Inadmissibility
Provisional unlawful presence waivers may be available for immediate relatives of US citizens if they are currently outside the US. Applicants under other bars to admissibility can also file for a waiver of inadmissibility. However, they must show that their US citizen or LPR relatives will suffer “extreme hardship” if they are not admitted.
Victims of crime, domestic violence, or human trafficking in the US may also be eligible for waivers. Talk to an immigration attorney about the legal options.
How to Apply for a Visa
The citizen or LPR sponsor begins the process by filing Form I-130, Petition for Alien Relative. Many filings can be made online, although some paper filings are still required. The next steps depend on whether the relative is currently outside the US or lawfully in the country.
Outside the Country: Consular Processing
US embassies and consulates, together with the National Visa Center (NVC), manage the visa process for applicants outside the US. The consular office will schedule an interview and process the application.
As soon as Form I-130 has been approved, an immediate relative can apply. However, relatives from other categories enter the visa queue—those waiting for available visas. They must review the monthly Visa Bulletin to determine when they can send their application for permanent residence. Depending on their country of origin, this may take many years.
Inside the Country: Adjustment of Status
Relatives who are physically present in the US must have been lawfully inspected and admitted or paroled into the country. (There may be exceptions for certain victims of crime.) USCIS service centers handle their applications and visa interviews.
A stateside applicant can file Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time as their relative files Form I-130.
Guidance in Uncertain Times
In 2025, having strong immigration counsel has become a matter of personal safety. As an immigrant herself, Attorney Irina Lemberg has always understood the challenges of the system, and she defends her clients against them every day. Contact the North Hollywood office today at 213-583-5737 to schedule a consultation.
