Family Immigration Attorney
Orange County, California

Family-Based Immigration in the United States

Family-based immigration allows U.S. citizens and lawful permanent residents (green card holders) to petition for certain foreign national family members to obtain permanent residency. The process starts with Form I-130, a Petition for Alien Relative, which establishes the qualifying family relationship.

There are two main categories: Immediate Relatives (spouses, unmarried children under 21, and parents of U.S. citizens) — who have no annual visa cap and typically wait shorter processing times — and Family Preference Categories (adult children, married children, and siblings) — which are subject to annual numerical limits and often face multi-year waiting periods.

Who Can Be Petitioned

• U.S. Citizens can petition for: Spouses, unmarried children under 21 (IR), parents (IR), unmarried adult children (F1), married children (F3), and siblings (F4).
• Green Card Holders can petition for: Spouses and unmarried children under 21 (F2A), and unmarried adult children (F2B).

Family Preference Categories and Priority Dates

When a relative falls into a family preference category (F1 through F4, plus F2A and F2B for green card holders), a green card is not available right away. Congress caps the number of preference visas issued each year, so beneficiaries wait in line based on their priority date — the date USCIS received the I-130 petition.

The U.S. State Department publishes a monthly Visa Bulletin showing which priority dates are current for each category and country of birth. A visa becomes available only once your priority date is earlier than the listed cut-off date. Waits range from roughly a year or two in the F2A category (spouses and minor children of green card holders) to well over a decade for F4 siblings of U.S. citizens. Because Korea is not an oversubscribed country for most categories, Korean nationals generally follow the worldwide dates rather than a longer country-specific backlog.

Adjustment of Status vs. Consular Processing

Adjustment of Status (AOS) allows a family member already in the U.S. on a valid visa to apply for a green card without leaving. Filed with Form I-485, it is processed by USCIS and typically allows work and travel authorization (EAD/AP) while pending.

Related: our analysis of the 2026 USCIS adjustment-of-status policy change (PM-602-0199) and what it means for pending I-485 applicants.

Consular Processing is used when the beneficiary is outside the United States. The case is processed through the National Visa Center (NVC) and a U.S. consulate abroad. Upon approval, the beneficiary enters the U.S. as a permanent resident.

The K-1 Fiancé(e) Visa

U.S. citizens who plan to marry a foreign national fiancé(e) can petition for a K-1 fiancé visa using Form I-129F. The fiancé(e) enters the United States on the K-1 visa and must marry the petitioner within 90 days, after which they apply to adjust status to a green card. The K-1 is available only to U.S. citizens, not green card holders, and typically takes a year or more from filing to the consular interview. Couples often weigh it against marrying abroad and using consular processing — the better route depends on where the couple is living, timing, and travel needs.

The Affidavit of Support (Form I-864)

Nearly every family-based case requires an Affidavit of Support (Form I-864), in which the petitioning sponsor takes on a legally enforceable obligation to financially support the immigrant. The sponsor must generally show household income of at least 125% of the Federal Poverty Guidelines (100% for a spouse or child of an active-duty service member) for their household size. If the sponsor's income is not enough, a qualifying joint sponsor can accept the same obligation. Getting the affidavit and its supporting documents right is one of the most common places a family petition stalls.

Family Immigration for Orange County's Korean Community

H&H Law's Santa Ana office serves Korean families throughout Orange County — Irvine, Fullerton, Buena Park, Garden Grove, and the surrounding cities — with every consultation available in Korean or English. Attorney Austin Kim, J.D., handles spousal petitions, parent and child petitions, K-1 fiancé cases, and family preference filings, and can advise on how a family green card fits with a later path to U.S. citizenship. The office sits directly across from the Santa Ana USCIS building.

Frequently Asked Questions

Answers by Austin Kim, J.D. · Updated May 2026