Family Based Immigration

Green Cards Through Family

Immediate Relatives of U.S. Citizens

Spouses, parents and unmarried children (under the age of 21) of U.S. citizens qualify as immediate relatives. 

The advantage of being placed in this category is that there are no quota restrictions on number of applicants. Therefore, they get green cards relatively quickly as compared to some other categories. The typical processing time for such applications is between 6 and 12 months. 

To qualify as an immediate relative child (unmarried sons and daughters of U.S. citizen), the child must be under 21 years old and unmarried. If the visa petition is filed before the child's 21st birthday, the child may still qualify for a green card even if s/he "ages out" and attains the age of 21 years due to application processing delays.

It is noteworthy that unmarried does not mean never married. Therefore, to qualify as unmarried, the child may be divorced or widowed. Moreover, as long as s/he is under 21 and unmarried, the child's children (grandchildren of U.S. citizen petitioner) may also qualify to immigrate at the same time as their parent. 

Other relative of a U.S. citizen or relative of a LPR under the family-based preference Categories

Family member of a U.S. citizen: 

  • Unmarried son or daughter of a U.S. citizen and you are 21 years old or older; 
  • Married son or daughter of a U.S. citizen; 
  • Brother or sister of a U.S. citizen who is at least 21 years old.

Family member of a lawful permanent resident:  

  • Spouse of a lawful permanent resident; 
  • Unmarried child under the age of 21 of a lawful permanent resident; 
  • Unmarried son or daughter of a lawful permanent resident 21 years old or older.  

Widow(er) of a U.S. citizen

Widow or widower of a U.S. citizen and you were married to your U.S. citizen spouse at the time your spouse died. 

VAWA self-petitioner – victim of battery or extreme cruelty

  • Abused spouse of a U.S. citizen or lawful permanent resident.
  • Abused child (unmarried and under 21 years old) of a U.S. citizen or lawful permanent resident.
  • Abused parent of a U.S. citizen  

Visas for Spouses and Children of U.S. Ciitzens

K-3 Visas for spouses of U.S.

U.S. Citizens residing in the U.S. may shorten the amount of time they remain separated from their spouses and children under 21 years of age with K-3 and K-4 visas respectively. The children get the visa at the same time the spouse's petition is approved. 

Required Documents

  1. Birth Certificate
  2. Current Marriage Certificate
  3. Past Divorce/Death of Spouse Certificates
  4. Medical Examination
  5. Police Certificates
  6. Valid Passport for Travel
  7. Form DS-160 (Online Non-Immigrant Visa Application
  8. Two 2x2 Photographs
  9. Evidence of Relationship with the U.S. Citizenship Spouse
  10. Evidence of Financial Support may be required

K-1 Fiancé(e) Visa


U.S. Citizens who plan to get married in the United States can apply for a K-1 for their fiancé(e) living abroad. The Visa allows the fiancé(e) to enter the United States for 90 days to have the marriage ceremony in the United States

Contact Us

Law Office of Jagat Kooner, J.D.

343 East Main Street Suite 310 Stockton CA 95202 USA

Phone: 209.565.3979; Fax: 209.336.0176

Hours (By Appointment)

Mon - Friday 9:00 am - 7:00 pm

Sat -10:00 am - 3:00 pm

Sun - By appointment only