Shihab Burke LLC Immigration Lawyers is a family immigration law firm with offices in Columbus and Dublin, Ohio. Our Columbus family immigration lawyers help U.S. citizens bring spouses, fiancé(e)s, parents, children, and siblings to the United States. We also help green card holders sponsor spouses and unmarried children. We serve families in the Columbus area, throughout Ohio, and across the United States, including relatives who live abroad.
Highlights
- A U.S. citizen or green card holder can sponsor certain close relatives for a green card.
- Spouses, unmarried children under 21, and parents of U.S. citizens do not wait for a visa number.
- Other relatives wait in line, sometimes for many years. The wait depends on the relationship and the relative’s country of birth.
- Most cases start with Form I-130. A relative in the United States may then apply for a green card through adjustment of status, without leaving the country. A relative abroad applies for an immigrant visa at a U.S. embassy or consulate, which is called consular processing.
- USCIS now reviews family cases more closely and may deny a case without first asking for more evidence. A complete first filing matters more than ever.
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Our Family Immigration Services in Columbus
Our family immigration lawyers handle every stage of a family case, from the first petition to U.S. citizenship. Our services include:
- K-1 fiancé(e) visas for couples who plan to marry in the United States
- Spouse visas and marriage green cards for husbands and wives in the United States or abroad
- Green cards for parents, children, and siblings
- Adjustment of status, which means applying for a green card without leaving the United States
- Consular processing, which means applying for an immigrant visa at a U.S. embassy or consulate abroad
- Green card interview preparation
- Removal of conditions on a two-year green card (Form I-751)
- Waivers of unlawful presence (Forms I-601A and I-601)
- Responses to a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID)
- Appeals and motions to reopen or reconsider after a denial
- Visitor visas for family members
- Naturalization, which means a green card holder applying to become a U.S. citizen
- U.S. citizenship for children born abroad to a U.S. citizen parent
Our Approach
Before we file, we review your entire case, so problems that could delay or stop it are found early and your family can move forward with confidence.
“…even if we had received an rfe, yet they held our hands and helped us through and through to have us approved again.”
— Google review
Talk with a Columbus family immigration lawyer: 866-665-0001.
What Is Family-Based Immigration?
Family-based immigration allows a U.S. citizen or a green card holder to sponsor certain close relatives for a green card. A green card gives a person the right to live and work in the United States permanently. A green card holder is also called a lawful permanent resident.
The person who sponsors the relative is called the petitioner or sponsor. The relative is called the beneficiary. Most family cases start with Form I-130, Petition for Alien Relative. A petition is a formal request to the government. The sponsor files the petition with U.S. Citizenship and Immigration Services (USCIS), the agency that decides immigration applications inside the United States.
Who Can I Sponsor for a Green Card?
The relatives you can sponsor for a green card depend on whether you are a U.S. citizen or a green card holder. U.S. citizens can sponsor more relatives than green card holders.
| Relative | U.S. citizen can sponsor? | Green card holder can sponsor? |
|---|---|---|
| Spouse | Yes (immediate relative) | Yes (F2A) |
| Fiancé(e) | Yes (K-1 visa) | No |
| Unmarried child under 21 | Yes (immediate relative) | Yes (F2A) |
| Unmarried son or daughter, 21 or older | Yes (F1) | Yes (F2B) |
| Married son or daughter | Yes (F3) | No |
| Parent | Yes, if the citizen is at least 21 (immediate relative) | No |
| Brother or sister | Yes, if the citizen is at least 21 (F4) | No |
U.S. immigration law does not allow sponsorship of grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, or in-laws. Some of these relatives may qualify later through another family member. For example, you cannot sponsor your spouse’s parents. However, if your spouse becomes a U.S. citizen, your spouse can sponsor them.
What Is the Difference Between Immediate Relatives and Preference Categories?
Immediate relatives of U.S. citizens do not wait for a visa number. Relatives in the family preference categories must wait for a visa number. Only a limited number of green cards are given in those categories each year.
Immediate relatives are spouses of U.S. citizens, unmarried children under 21 of U.S. citizens, and parents of U.S. citizens who are at least 21 years old. Immediate relatives still wait for the government to process the case.
The family preference categories are:
- F1: Unmarried sons and daughters (21 or older) of U.S. citizens
- F2A: Spouses and unmarried children (under 21) of green card holders
- F2B: Unmarried sons and daughters (21 or older) of green card holders
- F3: Married sons and daughters of U.S. citizens
- F4: Brothers and sisters of U.S. citizens who are at least 21 years old
In the preference categories, each relative has a priority date. The priority date is the relative’s place in line, and it is usually the date the petition was filed. Each month, the U.S. Department of State publishes the Visa Bulletin, a chart that shows which priority dates can move forward. Learn more about green cards for parents, children, and siblings.
How Long Does a Family-Based Green Card Take?
The time it takes to get a family-based green card depends on the family relationship, the sponsor’s status, and, for some categories, the relative’s country of birth. Immediate relatives of U.S. citizens wait mainly for government processing. Relatives in the preference categories also wait for a visa number to become available, which can take a few months or many years.
Government processing times change often and are different at each USCIS office and each U.S. embassy. We give each client a current estimate at the consultation. The USCIS Case Processing Times page also shows current times for each office.
Who Can Sponsor a Family Member?
A U.S. citizen or a green card holder can sponsor a family member. A U.S. citizen may file the petition while living abroad. The person who signs the Affidavit of Support must have a domicile in the United States, which means the person lives here or will move back to live here by the time the relative immigrates. The sponsor must also show enough income to support the relative.
- A financial sponsor, who signs the Affidavit of Support, must be at least 18 years old. A U.S. citizen must be at least 21 years old to file a petition for a parent, brother, or sister.
- The sponsor must sign Form I-864, Affidavit of Support. The Affidavit of Support is a legal promise to financially support the relative if the relative cannot support himself or herself.
- The sponsor’s household income must usually be at least 125% of the Federal Poverty Guidelines. The Federal Poverty Guidelines are income levels the government sets each year based on household size.
- If the sponsor’s income is too low, a joint sponsor may help. A joint sponsor is another person who meets the income requirement and also signs an Affidavit of Support.
What Is the Affidavit of Support (Form I-864)?
The Affidavit of Support (Form I-864) is a promise by the sponsor to support the relative financially. Most family green card cases need one. The sponsor files it with the green card application or with the National Visa Center.
The main rules for the Affidavit of Support are:
- Income. The sponsor’s household income must usually be at least 125% of the federal poverty guidelines for the household size. A sponsor on active duty in the U.S. armed forces who sponsors a spouse or child needs 100%.
- Household members. A relative who lives with the sponsor can add income by signing Form I-864A, a contract between the sponsor and that household member.
- Joint sponsor. If the sponsor’s income is too low, another person who meets the income rule can sign a separate Form I-864 as a joint sponsor. The sponsor must still sign a Form I-864.
- Assets. Savings and other assets can help a sponsor whose income is too low.
- Short form. Some sponsors can use Form I-864EZ, a shorter form. The sponsor must be the petitioner, the petition must be for only one relative, and the income must come only from wages, salaries, or pensions shown on W-2 forms.
- Exemptions. Some relatives do not need an Affidavit of Support. Examples are a relative who has worked, or can be credited with, 40 quarters (about 10 years) of work in the United States, and a child who will become a U.S. citizen automatically on entering the United States.
The income amounts are listed in Form I-864P, which USCIS updates each year. The Affidavit of Support is a binding contract. The sponsor’s duty usually lasts until the relative becomes a U.S. citizen or can be credited with 40 quarters of work. Divorce does not end the duty.
What Are the Steps in a Family Immigration Case?
- File the petition. The sponsor files Form I-130 with USCIS, with proof of the family relationship. For a fiancé(e), the U.S. citizen files Form I-129F instead. USCIS mails a receipt notice, often called NOA1 (Notice of Action 1). When USCIS approves the petition, it mails an approval notice, often called NOA2.
- File the green card application, or wait. A relative in the United States who is eligible for adjustment of status can file Form I-485 together with Form I-130 if a visa is available. This is called concurrent filing. Immediate relatives of U.S. citizens always have a visa available. Relatives in the preference categories can file together only when their category is current; otherwise, they wait until the priority date is current. A relative abroad waits for USCIS to approve the petition and, in the preference categories, for the priority date to be current. “Current” means the Visa Bulletin, a monthly report from the U.S. Department of State, shows that an immigrant visa is available for the relative.
- Complete the green card process. A relative in the United States finishes adjustment of status with USCIS. A relative abroad applies for an immigrant visa through consular processing, with the National Visa Center (NVC) and a U.S. embassy or consulate.
- Attend the interview. Most family cases include an interview at a USCIS office or at a U.S. embassy or consulate.
- Receive a decision. USCIS may approve the case or deny it. USCIS may also first send a Request for Evidence (RFE), which asks for more documents, or a Notice of Intent to Deny (NOID), which warns that the case may be denied. At an embassy or consulate, the officer may issue or refuse the immigrant visa. A 221(g) refusal puts the visa on hold until more documents or checks are completed. The officer may also send the petition back to USCIS with a recommendation to revoke it. A refusal for another reason sometimes can be forgiven with a waiver. If USCIS denies a case, an appeal or a motion to reopen or reconsider may be possible.
- Remove conditions, if required. A spouse whose marriage is less than two years old on the day the spouse becomes a permanent resident receives a two-year conditional green card. For a spouse in the United States, that day is the day the green card application is approved. For a spouse abroad, it is the day the spouse enters the United States. The couple later files Form I-751 during the 90 days before the card expires, which is about one year and nine months (21 months) after the spouse becomes a conditional resident. The spouse can then receive a 10-year green card. If the marriage is two years old or more on that day, the spouse receives a 10-year green card and does not file Form I-751.
Adjustment of Status or Consular Processing: Which Path Applies?
Adjustment of status is for an eligible relative who is already in the United States. The relative applies for the green card without leaving. Consular processing is the path for a relative who lives abroad and applies for an immigrant visa at a U.S. embassy or consulate.
Some relatives in the United States cannot adjust status. Examples include some people who entered without inspection or who did not keep legal status. Those relatives may need to process abroad, sometimes with a provisional waiver. We review which path applies before we file. Learn more about adjustment of status and consular processing.
Family Green Card Interviews in Columbus
Most people who live in the Columbus area and apply from inside the United States are interviewed at the USCIS Columbus Field Office. Relatives who apply from abroad are interviewed at a U.S. embassy or consulate, usually in the country where they live.
Our attorneys represent clients at USCIS interviews at any USCIS office in the United States. For cases at any U.S. embassy or consulate, we prepare the relative for the interview and handle communication with the embassy. Learn more about preparing for a green card interview.
What Are the Government Filing Fees for Family Immigration?
We update this information regularly, but government filing fees have changed frequently in recent years. The amounts below are provided for general information only and should not be relied on for a filing. For every case we file, our office calculates the applicable government fees and informs the client of the exact amounts at the time of filing.
The main government fees for family immigration cases are:
| Form or Service | Government Fee |
|---|---|
| Form I-130, Petition for Alien Relative | $675 by mail; $625 online |
| Form I-129F, Petition for Alien Fiancé(e) | $675 |
| Form I-485, Application to Adjust Status | $1,440 (age 14 and older); $950 (under 14, filing with a parent) |
| Form I-751, Petition to Remove Conditions on Residence | $750 by mail; $700 online |
| Department of State immigrant visa application | $325 per person |
| Affidavit of Support review by the National Visa Center | $120 |
| USCIS Immigrant Fee (paid after the immigrant visa is issued) | $235 |
Current amounts are listed on the USCIS fee schedule (Form G-1055) and on the Department of State’s Fees for Visa Services page.
How Our Columbus Family Immigration Lawyers Help
Our attorneys practice immigration law only. Before we file a family case, we look for problems that must be addressed at the start. These include:
- Earlier marriages and divorces
- Past visa refusals or immigration violations
- Time spent in the United States without legal status
- Arrests or criminal records
- Missing birth or marriage certificates, or other required documents
- A sponsor whose income may be too low
We prepare the forms and evidence, track deadlines, prepare clients for interviews, and, with your approval, respond to government requests.
Our experienced team reviews every part of a family case before filing. That review covers all requirements, all forms, and all supporting documents. For example, we compare the dates and facts on every form with the documents, and we confirm that each form meets the current filing requirements. Because USCIS can now deny some cases without first asking for more evidence, a complete review matters more than ever. If we see a problem, we tell you before you spend money on a filing and explain how it can be addressed. No attorney can guarantee how the government will decide a case, but careful preparation helps your family move forward with confidence.
Every family case is different. At the consultation, we review your situation, explain what our representation will cover, and quote a fee. Most cases are handled for a flat fee.
What Our Clients Say
“I had a wonderful experience with Shihab Burke LLC Immigration Lawyers, especially [the attorney], who helped with my brother’s immigration case. He was very helpful, professional, and supportive throughout the process.”
— Google review
“[The attorney] handled my family based petition and highly recommend his services.”
— Google review
“…an outstanding experience with my Family Based Adjustment of Status from start to end.”
— Google review
Frequently Asked Questions About Family Immigration
How long does family immigration take?
The time for a family immigration case depends on the relationship and on the sponsor’s status. Spouses, unmarried children under 21, and parents of U.S. citizens do not wait for a visa number, so the main wait is government processing time. Other relatives must also wait for a visa number. That wait can be a few months or many years, depending on the category and the relative’s country of birth.
What is Form I-130?
Form I-130, Petition for Alien Relative, is the form a U.S. citizen or green card holder files with USCIS to prove a qualifying family relationship. An approved Form I-130 does not give the relative a green card by itself. The relative must still apply for a green card through adjustment of status in the United States, or for an immigrant visa through consular processing abroad.
Can a green card holder sponsor a spouse?
Yes. A green card holder can sponsor a spouse and unmarried children under 21 in the F2A category. If the green card holder becomes a U.S. citizen while the case is pending, the spouse usually becomes an immediate relative, which can speed up the case.
Can a U.S. citizen sponsor a parent?
Yes. A U.S. citizen who is at least 21 years old can sponsor a parent. Parents of U.S. citizens are immediate relatives, so they do not wait for a visa number. A green card holder cannot sponsor a parent.
What happens if the sponsor’s income is too low?
If the sponsor’s income is too low, a joint sponsor can help. A joint sponsor is another person who meets the income requirement and signs a separate Affidavit of Support. In some cases, the sponsor’s assets, such as savings, can also be counted.
Can a relative visit the United States while a family petition is pending?
Sometimes. However, a pending family petition can make it harder to get a visitor visa. A relative who enters as a visitor while already planning to stay can face serious problems. One example is a finding of misrepresentation. Travel during a pending case must be handled carefully, so the relative should speak with an immigration lawyer before traveling.
Do I need to live in Columbus to work with Shihab Burke LLC Immigration Lawyers?
No. From its offices in Columbus and Dublin, Ohio, Shihab Burke LLC Immigration Lawyers represents families across the United States, including relatives who live abroad. Consultations are available in person, by phone, or by video conference.
What Changed in Family Immigration in 2026?
These are the main recent changes that affect family immigration cases. We update this section whenever possible.
- New public charge rule. “Public charge” means a person the government believes will depend mainly on government support. Since September 18, 2026, officers may look at the applicant’s whole situation. This includes public benefits based on low income received on or after that date. The rule applies to green card applications filed inside the United States (Form I-485) on or after September 18, 2026. Strong financial evidence is now more important.
- Travel restrictions. Since January 1, 2026, a presidential proclamation has limited visas for people from 39 countries. The proclamation does not have a general exception for spouses, children, and parents of U.S. citizens. Families from these countries should speak with a lawyer before filing.
- End of the 75-country immigrant visa pause. In January 2026, the State Department stopped issuing immigrant visas to people from 75 countries. A court order ended that pause on August 21, 2026.
- Worldwide interview pause. In late August 2026, the State Department paused most immigrant visa interviews worldwide for officer training on the public charge rules. Some embassies have restarted interviews, but many have not. Families should check with the embassy before making plans.
- Interviews in the country of residence. Since November 1, 2025, immigrant visa applicants are generally interviewed at a U.S. embassy or consulate in the country where they live.
- Closer review of green card applications. USCIS checks whether a marriage is real at both the petition stage and the green card stage. In May 2026, USCIS also told officers to look more closely at positive and negative factors before approving a green card inside the United States.
- Denials without a warning. Since August 5, 2026, USCIS may deny a case without first sending a Request for Evidence or a Notice of Intent to Deny. This can happen when the required initial evidence is not submitted with the application. Filing a complete case is now more important than ever.
Related reading: Received an RFE, a NOID, or a Denial? What Changed in 2026 and How to Respond and Adjustment of Status RFE: 5 Critical Trends for 2026 and How to Prepare.
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Related Videos
- Consular Processing vs. Adjustment of Status: Which Is Right for You?
- What Happens at a USCIS Green Card Interview?
- Overcoming Family-Based Adjustment of Status Denials
Talk With a Columbus Family Immigration Lawyer
Our Columbus office is at 4449 Easton Way #200, Columbus, OH 43219. Our Dublin, Ohio office is at 565 Metro Pl S #100, Dublin, OH 43017. Both offices are open by appointment only, Monday through Friday, 9 a.m. to 5 p.m.
Contact our Columbus or Dublin, Ohio office, or call 866-665-0001, to schedule a consultation in person, by phone, or by video conference.
