Family Immigration

Help for Children and Youth

  • Special Immigrant Juvenile Status (SIJS) (Form I‑360)
    SIJS is for certain unmarried youth under 21 in the U.S. who cannot safely reunify with one or both parents due to abuse, neglect, or abandonment. The process requires a state juvenile court order before applying with USCIS. SIJS can provide protection from removal, work authorization, and a pathway to a green card, though it generally does not allow the youth to later petition for their parents.

  • Adopted Child Family Petitions (Form I‑130)
    In certain circumstances, adopted children can immigrate through the regular family petition system. These cases depend heavily on meeting strict definitions of a "child," including timing and custody requirements.

  • Citizenship for Children of U.S. Citizens
    In most cases, children automatically become U.S. citizens if they have a green card and live in the U.S. in the legal and physical custody of a U.S. citizen parent. Families often still need to file paperwork to obtain proof, like a U.S. passport or a Certificate of Citizenship.

  • CSPA Age Protection (Child Status Protection Act)
    CSPA can protect a child from "aging out" (turning 21) and losing their eligibility during a long immigration process. The age calculations are complex and depend on the specific type of case.

Family Green Cards and Visas

  • Family Petitions (Form I‑130)
    A U.S. citizen or green card holder files this form to prove a qualifying family relationship. Approval of the I‑130 is the first step; the next step is either Adjustment of Status in the U.S. or Consular Processing abroad.

  • Immediate Relatives
    This category is for a U.S. citizen's spouse, unmarried child under 21, and parents. These cases are not subject to annual visa limits, meaning there is generally no waiting line for a visa to become available.

  • Family Preference Categories
    These capped categories include spouses and children of green card holders, adult children of U.S. citizens, and siblings of U.S. citizens. Because limits apply, people often wait in a visa line for years based on their "priority date."

  • Adjustment of Status (Form I‑485)
    This is the process of applying for a green card from inside the U.S. Eligibility depends on how you entered the country, your current status, and whether any legal bars apply.

  • Consular Processing
    Many people must obtain their immigrant visa through a U.S. consulate abroad after an I‑130 is approved. Leaving the U.S. can trigger penalties for past unlawful presence, making waiver screening essential before traveling.

  • K‑1 Fiancé(e) Visa (Form I‑129F)
    This allows a U.S. citizen to petition for a fiancé(e) to enter the U.S. to marry within 90 days of entry. After the marriage, the spouse typically applies for a green card through adjustment of status.

  • Removing Conditions on a Green Card (Form I‑751)
    Spouses who receive a green card based on a recent marriage are given "conditional" 2‑year status. To keep permanent status, they must file to remove the conditions. If filing together is not possible due to divorce, death, or abuse, the person may request a waiver to file alone.

Family Hardship & Survivor Protections

  • Non‑LPR Cancellation of Removal (INA § 240A(b)(1))
    This is a way to ask an immigration judge for a green card while in removal proceedings. In most cases, you must show 10 years of continuous physical presence, good moral character, and that your deportation would cause "exceptional and extremely unusual hardship" to a qualifying U.S. citizen or resident spouse, parent, or child.

  • Widow(er) of a U.S. Citizen (Form I‑360)
    If your U.S. citizen spouse passes away, you may still be able to apply for a green card. You must show the marriage was real and meet strict filing deadlines.

  • Surviving Relative Relief (INA § 204(l))
    This law can allow certain petitions to keep going even after the petitioner or principal family member dies, provided the beneficiary was residing in the U.S. at the time of the death and continues to do so.

  • Humanitarian Reinstatement
    If a family petition was approved and the petitioner later dies, USCIS has the discretion to reinstate the approval for humanitarian reasons, usually requiring a substitute financial sponsor.