Family-Based Immigration and Adjustment of Status
Preference categories and immediate relatives
Family-based immigration splits into immediate relatives (spouses, parents, and unmarried children under 21 of U.S. citizens) - unlimited - and preference categories (F1 through F4) with annual caps and per-country limits. A candidate must know which relatives qualify and the priority-date system.
The petition and the affidavit of support
An I-130 establishes the qualifying relationship. The I-864 affidavit of support is a contract enforceable against the sponsor, requiring income at 125% of the federal poverty guidelines (100% for active-duty military sponsoring a spouse or child). Traps: joint sponsors, household size calculations, and the difference between the I-864 and I-864EZ.
Adjustment of status
Adjustment under INA §245 requires an immigrant visa immediately available, lawful admission, and no disqualifying grounds. Know §245(i) grandfathering and the bars to adjustment. Consular processing is the alternative when adjustment is unavailable.
Worked example
A U.S. citizen petitions for a sibling (F4). Rule of thumb: the priority date is the date USCIS receives the I-130, and the beneficiary must wait for the visa bulletin to reach that date - often years or decades - before either consular processing or adjustment can proceed.