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Family-Based Immigration

  • U.S. citizens may petition for the following immediate relatives:

    • Spouse of a U.S. citizen

    • Unmarried child under 21 of a U.S. citizen

    • Parent of a U.S. citizen (where the citizen is at least 21 years old)
       

    Immediate relatives are not subject to numerical caps or preference category backlogs. Once the I-130 petition is approved and the beneficiary is otherwise eligible, a visa number is immediately available — meaning the path to permanent residence can proceed without delay.

  • Depending on where the beneficiary is located, there are two ways to obtain permanent residence through family-based immigration.
     

    Adjustment of Status (Inside the United States)

    If the beneficiary is already present in the United States and was inspected and admitted or paroled, they may be eligible to adjust status to lawful permanent resident without leaving the country. This process is handled entirely through USCIS and involves filing three applications concurrently:

    • Form I-485 — Application to Register Permanent Residence or Adjust Status

    • Form I-765 — Application for Employment Authorization (work permit while the case is pending)

    • Form I-131 — Application for Travel Document (advance parole, allowing international travel during the process)

    Filing these together allows the beneficiary to obtain work authorization and travel permission while the green card application is pending — often within a few months of filing.


    Consular Processing (Outside the United States)

    If the beneficiary is abroad, or is not eligible to adjust status inside the United States, the case proceeds through the U.S. Department of State via consular processing. After the I-130 is approved by USCIS and the case is transferred to the National Visa Center, the beneficiary completes:

    • Form DS-260 — Immigrant Visa Application (submitted online through the Consular Electronic Application Center)

    • Document collection and review through the National Visa Center

    • A medical examination and immigrant visa interview at a U.S. Embassy or Consulate
       

    Upon approval, the beneficiary is issued an immigrant visa and becomes a lawful permanent resident upon entry into the United States.

  • 1. Petition Filing — Form I-130

    The process begins with the U.S. citizen petitioner filing Form I-130 (Petition for Alien Relative) with USCIS. This establishes the qualifying family relationship. For immediate relatives, approval of the I-130 means a visa is immediately available — there is no waiting period.
     

    2. Pathway Selection — Adjustment or Consular Processing

    Once the I-130 is approved (or concurrent with filing, in some adjustment cases), we determine whether the beneficiary will pursue adjustment of status through USCIS or an immigrant visa through the Department of State. This decision depends on the beneficiary's current location, immigration history, and eligibility.

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    3. Application Preparation & Filing

    For adjustment of status cases, we prepare and file the I-485, I-765, and I-131 as a complete package. For consular cases, we guide the petitioner and beneficiary through NVC processing and DS-260 submission, including document requirements and fee payments.

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    4. Biometrics, Medical Examination & Interview

    USCIS will schedule a biometrics appointment for adjustment applicants. A medical examination by a USCIS-designated civil surgeon is required in all cases. Depending on the USCIS field office or consular post, an in-person interview may be required.

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    5. Approval & Green Card Issuance

    Upon approval, adjustment applicants receive their green card by mail. Consular applicants receive an immigrant visa, which serves as their green card upon arrival in the United States. Immediate relatives of U.S. citizens receive a 2-year conditional green card if the marriage is less than 2 years old at the time of approval, or a 10-year permanent green card otherwise.

  • Our family-based immigration practice focuses on straightforward immediate relative cases — those that do not require waivers of inadmissibility or involve complex immigration history. These are cases where the relationship is clear, the beneficiary is admissible, and the path forward does not require overcoming bars or grounds of inadmissibility.

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    If your case involves prior removal orders, unlawful presence bars, prior visa violations, criminal history, or other factors that may require a waiver, we will assess your situation and discuss next steps with you during your consultation.

  • Even uncomplicated family-based cases involve multiple agencies, strict documentation requirements, and procedural decisions that can significantly affect timing and outcome. Common issues that arise even in simple cases include:

    • Incomplete or inconsistent documentation of the relationship

    • Prior immigration filings that must be addressed accurately

    • Travel during a pending adjustment case without proper advance parole

    • Delays caused by missing financial sponsorship documentation (Form I-864)

    • Errors in the DS-260 or NVC document submissions that cause processing delays
       

    Having experienced counsel ensures the case is built correctly from the start — and that you understand your rights and obligations throughout the process.

  • In all family-based immigrant visa and adjustment of status cases, the U.S. citizen petitioner must file Form I-864 (Affidavit of Support) demonstrating that the beneficiary will not become a public charge. This is a legally enforceable contract. We guide petitioners through the income requirements, documentation, and — where needed — the use of a joint sponsor.

  • Family-based immigration is not just a legal process — it is the beginning of a life together in the United States. We approach these cases with the care and precision they deserve, ensuring your family's path forward is clear, well-documented, and as efficient as possible.

Reuniting Families Through the U.S. Immigration System

Family-based immigration is one of the most meaningful pathways in U.S. immigration law — and for many families, it is the most direct route to permanent residence. For immediate relatives of U.S. citizens, including spouses, unmarried children under 21, and parents, there is no annual visa cap and no waiting list. A visa is available as soon as the petition is approved, making this one of the most straightforward paths to a green card the system offers

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Our firm handles the full spectrum of family-based immigration for straightforward cases — from the initial petition through permanent residence — with clear guidance at every step.

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