FAMILY IMMIGRATION SERVICES At Burgos Law
Family immigration is one of the most common ways people seek to live permanently in the United States. It’s also one of the most complex. Between backlogs, eligibility rules, and legal hurdles, it’s easy to feel overwhelmed.
At Burgos Law, we’re here to simplify the process and guide you through every step—whether you’re applying for a spouse, parent, child, or sibling.
WE HELP YOU FIND The Right Path
Every family’s situation is different. Whether you’re applying as an immediate relative or through a family preference category, we’ll:
Help you understand which category you fall into
Identify potential risks or issues in your application
Explain any waivers or legal steps needed to move forward
Keep you updated as we guide your case from start to finish
TWO PATHS TO FAMILY-BASED Immigration
Immediate Relatives (of U.S. citizens)
This category gets priority because there’s no limit to how many people can be approved each year. It also comes with important benefits—like being exempt from certain immigration violations that might otherwise block your case.
You may qualify as an immediate relative if you are:
The spouse of a U.S. citizen
The unmarried child under 21 of a U.S. citizen
The parent of a U.S. citizen (if the citizen is 21 or older)
Immediate relatives can often:
Avoid long wait times
Apply for a green card inside the U.S. (even if they’ve overstayed a visa)
Be exempt from certain grounds of inadmissibility
Family Preference Immigrants
This category applies to other types of family relationships and is subject to annual quotas. Unfortunately, that means there are waitlists—sometimes lasting many years—depending on your category and country of origin.
You fall under a family preference category if you are:
The unmarried adult child (21 or older) of a U.S. citizen
The spouse or unmarried child (under 21) of a green card holder
The unmarried adult child of a green card holder
The married child of a U.S. citizen
The brother or sister of a U.S. citizen (if the citizen is 21 or older)
Because of the wait and added restrictions, family preference immigrants must carefully prepare their applications and may need to explore additional options.
UNDERSTANDING Inadmissibility
One major difference between immediate relatives and family preference applicants is how “grounds of inadmissibility” apply.
If you’re applying as a family preference immigrant, you must not have violated U.S. immigration laws—such as overstaying a visa or working without permission. If you have, you may need a waiver (special permission) to be eligible for a green card.
If you’re applying as an immediate relative, some of those violations can be forgiven, which often makes the process smoother.
That’s why it’s so important to know where you stand. At Burgos Law, we’ll review your immigration history and let you know what to expect—and what’s possible.
LET'S TALK ABOUT YOUR Immigration Options
If you’re sponsoring a family member—or hoping to adjust your own status—Burgos Law can help. We’ll make sure your case is handled with care, precision, and a deep understanding of immigration law.
FAQs
What’s the difference between immediate relative and family preference categories?
Immediate relatives don’t have to wait in line for a green card. Family preference applicants are subject to annual limits and often face long wait times.
Can an undocumented person apply for a green card through a family member?
It depends. Immediate relatives may qualify for a green card even after overstaying a visa or working without permission. Others may need a waiver.
What is a waiver, and who needs one?
A waiver is special permission to forgive certain immigration violations. Whether you need one depends on your immigration history and the category you’re applying under.
How long will I have to wait if I’m in a family preference category?
It varies widely—anywhere from a few months to 20+ years. The wait depends on your country of origin and which family member is sponsoring you.
Can a green card holder sponsor their spouse or child?
Yes. Green card holders can petition for their spouses and unmarried children, but they must wait for a visa to become available in their category.