What is the difference between immediate relative and preference categories?

Immediate relatives (spouses, parents, unmarried children under 21 of U.S. citizens) have unlimited visa numbers and no waiting period. Preference categories have annual limits and may have multi-year waiting periods.

Can I petition for my sibling?

Only U.S. citizens (not permanent residents) can petition for siblings, and the wait time is typically very long (10-20+ years).

What if I don't meet the income requirements?

You can use a joint sponsor who meets the requirements, or combine household income with assets.

Can I work while my family petition is pending?

If you're in the U.S. and filed for adjustment of status, you can apply for work authorization. If abroad, you must wait for the immigrant visa.

What happens if my I-130 is denied?

You can file a motion to reopen/reconsider or appeal to the AAO. An attorney can help identify the issues and determine the best path forward.

Family-Based Immigration

Family-Based Petition Attorney

Petition to bring family members to the United States

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Serving Grand Rapids, MI | Charlotte, NC | Nationwide

What is Family-Based Petition?

Petition to bring family members to the United States

Who Qualifies?

You are a U.S. citizen or lawful permanent resident

You have a qualifying family relationship with the beneficiary

U.S. citizens can petition for: spouse, children, parents, and siblings

Permanent residents can petition for: spouse and unmarried children

You meet the minimum income requirements to sponsor

The Process

Determine Eligibility

Verify the qualifying relationship and petitioner's status as U.S. citizen or permanent resident.

Prepare Form I-130

Complete the Petition for Alien Relative with all required supporting documentation.

File Supporting Documents

Gather proof of relationship, citizenship/permanent residence, and financial support documents.

Submit Petition to USCIS

File the complete petition package with appropriate filing fees.

Wait for Priority Date

Monitor visa bulletin for priority date to become current (immediate relatives skip this).

Complete Green Card Process

Once priority date is current, proceed with adjustment of status or consular processing.

Required Documents

Form I-130 (Petition for Alien Relative)

Proof of U.S. citizenship or permanent resident status

Proof of qualifying family relationship (birth certificate, marriage certificate)

Passport-style photos

Form I-864 (Affidavit of Support) when required

Proof of income (tax returns, W-2s, pay stubs)

Proof of termination of prior marriages (if applicable)

Translation of foreign documents

Processing Time

8-24 months depending on relationship and visa category

Processing times are estimates based on current USCIS data and are subject to change. Actual times depend on individual circumstances and agency workload.

Common Challenges

Long waiting times for preference categories

Per-country visa limitations can cause delays

Meeting minimum income requirements

Proving bona fide relationship

Complicated for families with mixed immigration status

How We Help

At Elizabeth Rosario Law, we have extensive experience navigating these challenges. We provide comprehensive guidance, meticulous preparation, and vigorous representation to build a strong foundation for your case.

Frequently Asked Questions

Related Services

I-130 Family Petition

Petition for your family member to get a green card

Learn More

Adjustment of Status (I-485)

Process to become permanent resident while in United States

Learn More

Consular Processing

Immigrant visa processing through U.S. embassy or consulate abroad

Learn More

K-1 Fiancé Visa

Bring your fiancé to the U.S. to get married

Learn More

Start Your Family-Based Petition Application

Get a Free Case Evaluation with an experienced immigration attorney

Need Immediate Help?

Call us now for urgent cases and immediate evaluation.

(855) 627-2292

Available Monday - Friday, 9 AM - 6 PM EST

Why Choose Us?

15+ years of immigration law experience

Focused practice in Family-Based Petition cases

Two convenient office locations

Serving clients nationwide

Compassionate, personalized service

Family-Based Petition Services in Your City

We proudly serve Latino families across the United States. Find experienced family-based petition representation in these top metropolitan areas with the highest Latino populations.

Miami, FL

Serving the vibrant Latino community of Miami with bilingual immigration services in Little Havana, Hialeah, and surrounding areas.

El Paso, TX

Dedicated border immigration services for El Paso families, with deep understanding of cross-border issues and consular processing.

San Antonio, TX

Compassionate immigration representation for San Antonio residents, serving the West Side, South Side, and greater metro area.

Los Angeles, CA

Comprehensive immigration services for LA families in Boyle Heights, East LA, Pico-Union, and throughout Los Angeles County.

Phoenix, AZ

Experienced immigration attorneys serving Phoenix, with local knowledge of Arizona immigration courts and USCIS procedures.

Hartford, CT

Trusted immigration services for Hartford's Latino community, with expertise in Connecticut immigration processes and regulations.

Don't see your city? We serve clients nationwide.

Ready to Start Your Family-Based Petition Application?

Don't navigate the immigration process alone. Let our experienced team guide you.

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