Episode 24: An Overview on Family-Based (FB) Immigration

* EB immigration (I-140) versus FB immigration (I-130)* EB immigration has EB-1 and EB-2 and EB-3 versus FB immigration has F-1, F-2A, F-2B, F-3, F-4, but importantly FB immigration has “immediate relative.”* The perks of “immediate relative” status -* No Visa Bulletin limits.* Potential ‘forgiveness’ for overstay and work without authorization.* Who are immediate relatives?* Spouses of US citizens.* Unmarried children under the age of 21.* Parents of US citizens, when the US citizen is at least 21 years old.* Spouses of US citizens are subject to “conditional” permanent residence if married less than 2 years, to prevent fraud.* Note that spouses of US permanent residents are NOT immediate relatives, they are F-2A immigrants. * Spouses of EB immigrants who are married prior to EB green card approval are derivative of the EB case - either as I-485 applicants or “follow-to-join” immigrant visa applicants; but spouses of permanent residents are F-2A immigrants subject to the Visa Bulletin.* November 2025 Visa Bulletin (Chart A for FB Immigration):* Note that adopted children and step-children have special considerations on eligibility which need to be analyzed carefully on whether they qualify as “immediate relatives.”* Note that a US citizen who has a child outside the United States - that child MIGHT be a US citizen at birth and eligible for a US passport.* FB immigration begins with an I-130 petition (relative petition), filed with USCIS. Premium processing is NOT available.* The FB immigrant is potentially eligible for I-485 adjustment of status or immigrant visa processing at a US consulate in the relatives’ home country.* Key issue in the I-130 is documenting the relationship with qualifying documentation of the legal marriage or birth.* An I-130 filing demonstrates immigrant intent.* Entering on a visitor visa or F-1 visa or J-1 visa is entering the United States on a temporary visa with temporary intent. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe