Immediate Relatives of U.S. Citizens
These relatives are not subject to yearly visa limits. They still must meet all other legal and filing rules.
- Spouse of a U.S. citizen
- Unmarried child under age 21
- Parent of a U.S. citizen who is at least 21
Family-Based Immigration
A Clear Path to Bring Your Family Together.
A family petition can help a spouse, child, parent, or sibling start the U.S. immigration process. Filing the petition is only the first step. You must also choose the right family category. Your relative then follows the right path to a green card.
Bilingual guidance
Immigrant-led firm
Truth-first review
Careful Eligibility Review We review the family tie, status, age, marital status, and immigration history.
Structured Case Preparation Forms, records, translations, and family proof are organized clearly.
Realistic Timeline Guidance Clear guidance on immediate-relative and preference cases.
Human, Bilingual Support Calm support for families in an important legal process.
What a Family Petition Does
Form I-130 Starts the Case. It Does Not Grant a Green Card.
A U.S. citizen or green card holder may start the case by asking USCIS to confirm a qualifying family tie.
Approval can confirm the family tie. It may also set a priority date when one is needed. But approval does not give legal status, work permission, travel permission, protection from removal, or a green card.
- The sponsor’s status and family tie determine the immigration category.
- Visa availability shows whether the next step can begin now or requires a wait.
- The relative must still qualify for the final green card process.
The goal is a complete plan. We review the petition, wait time, green card route, and any risk that should be addressed before filing.
Who This Service Is For
The Right Family Category Depends on the Sponsor and Relationship.
Family immigration has several categories. The right one depends on the sponsor’s status, the relative’s age and marital status, and whether a visa is available.
Family-Preference Relatives
These cases have yearly visa limits. The priority date and Visa Bulletin help show when the next step may start.
- Unmarried adult sons and daughters of U.S. citizens
- Married sons and daughters of U.S. citizens
- Siblings of U.S. citizens who are at least 21
Relatives of Green Card Holders
Green card holders may file for certain relatives under the family second-preference categories.
- Spouse of a lawful permanent resident
- Unmarried child under age 21
- Unmarried son or daughter age 21 or older
The Legal Reality
A Valid Petition Can Still Lead to a Complex Green Card Process.
Families often ask if a citizen or green card holder can file for a relative. That is only part of the plan. We also look at how the relative can finish the case. Any risk should be reviewed before another filing or trip abroad.
Petition Eligibility
Can this sponsor file for this relative? Which family category applies?
Visa Availability
Is a visa available now, or must the family wait?
Final Processing Route
Can the relative apply for a green card in the United States, or must the case go through a U.S. consulate?
Admissibility and Risk
Could unlawful presence, a past removal, fraud, criminal history, or another problem require a waiver or a different plan?
Two Common Processing Routes
Where Your Relative Finishes the Green Card Process Matters.
The right route depends on more than the family tie. We also review entry history, current location, visa category, past immigration records, and possible legal bars.
Adjustment of Status
Some relatives may apply for a green card from inside the United States. A family petition alone does not make a person eligible for adjustment of status.
- Review of entry, inspection, or parole
- Visa timing and category check
- Review of status issues and legal bars
Overstays and unauthorized work may be treated differently by category. A family tie does not automatically make adjustment of status available.
Consular Processing
A relative outside the United States may need immigrant visa processing. Some people inside the country may also need this route. The case usually goes through the National Visa Center and a U.S. embassy or consulate.
- Prepare documents and civil records
- Prepare financial support records
- Prepare for the medical exam and interview
Leaving the United States may trigger a bar or expose another problem. Review any possible I-601A provisional waiver or other waiver before you leave.
Problems to Identify Early
Common Problems Can Affect More Than the Petition.
Good preparation starts with a full history. Missing facts or mixed records can cause delays. A rushed filing can also lead to more questions, a denial, or other immigration problems.
Wrong Category
Age, marital status, naturalization, or a family change can affect the category and timing.
Weak Relationship Evidence
Missing records, mixed names or dates, and weak marriage proof can hurt a valid case.
Unlawful Presence
Leaving the United States after some periods of unlawful presence may trigger a three- or ten-year bar. Review this risk before travel.
Prior Removal or Immigration Orders
Past immigration cases, voluntary departure, border stops, or removal orders may change the legal path.
Fraud or Misrepresentation
False statements, false papers, citizenship claims, or false facts on a visa case can cause serious problems.
Criminal History
Arrests, charges, convictions, and dismissed cases should be shared with the lawyer. Certified court records may be needed.
How the Firm Helps
A Clear Process From First Review to Final Preparation.
The firm first reviews the facts and finds the right category. Next, it maps the steps and prepares the proof. The family stays informed as the case moves forward.
Initial Legal Assessment
We review the sponsor, family tie, entry history, current status, past filings, and known problems.
Route and Risk Map
We check the visa category, visa timing, green card route, and any waiver issues.
Evidence and Filing
We organize forms, civil records, translations, proof of the family tie, and any needed legal notes.
Case Guidance
We explain notices, next steps, interview prep, and choices that need action.
Immigrant-Led Legal Guidance
Families Deserve Clear, Honest Answers.
Attorney Gilda McDowell is an immigrant from Chihuahua, Mexico, and a native Spanish speaker. She explains immigration law in clear language. She helps families make informed choices about their cases.
An approved petition is not the whole plan. The firm also reviews the next step, likely wait, needed proof, and possible risks. These issues can affect the path to a green card.
Client photos show the human side of family immigration. They do not promise the same result in another case.
Preparing the Record
Common Documents for a Family-Based Case.
The exact document list depends on the family category and stage of the case. Records that are not in English usually need a full certified English translation.
Sponsor’s status U.S. passport, birth record, naturalization record, or green card.
Relationship records Birth, marriage, adoption, and other records that show the family tie.
Prior marriage records Divorce, annulment, or death records when needed.
Bona fide marriage evidence Shared home, finances, duties, photos, and a consistent history.
Immigration history Passports, visas, I-94 records, notices, past filings, and court records.
Financial sponsorship Tax, income, household, and joint-sponsor records when needed.
Related Immigration Services
A Family Petition May Lead to Another Legal Step.
These pages explain other legal steps that may be part of a family immigration case.
Frequently Asked Questions
Clear Answers Before the Next Step.
These answers are general. Your answer may change based on entry history, status, past filings, age, marital status, country, or another legal issue.
Who qualifies for family-based immigration?
U.S. citizens may file for certain family members, including a spouse and children. A U.S. citizen who is at least 21 may also file for parents and siblings.
Green card holders may file for a spouse and unmarried children. The exact category depends on the sponsor’s status and the relative’s age and marital status.
Does filing or approving Form I-130 give my relative lawful status?
No. Form I-130 confirms a qualifying family tie. It does not give legal status, work permission, protection from removal, or a green card by itself. The relative must usually complete the green card process and still meet the legal rules.
Can a petition help someone who entered without permission?
A qualifying relative may still be able to file Form I-130. Approval does not fix an entry without inspection, unlawful presence, or another violation. A waiver, parole, consular processing, or another form of relief may help in some cases. Get legal review before filing or leaving the United States.
What is the difference between adjustment and consular processing?
Adjustment of status is the green card process used inside the United States. Consular processing takes place through a U.S. embassy or consulate abroad. The right route depends on entry history, visa timing, current location, past immigration issues, and possible legal bars.
How long does it take to bring a sibling or preference relative?
Family-preference categories have yearly limits and may involve long waits. Sibling cases can take a long time. Timing depends on the priority date, family category, country, Visa Bulletin, government processing, and case details.
What documents are required?
Common proof includes the sponsor’s passport, birth record, naturalization record, or green card. You may also need records that show the family tie, identity papers, translations, and records from past marriages. Marriage cases often need proof that the marriage is real. Later steps may require income records, a medical exam, civil records, and more forms.
What happens if a petition or immigrant visa case is denied?
First, find the exact reason for the denial or other decision. Then check the deadline. Options may include a response, motion, appeal, corrected filing, waiver, or another immigration plan.
The Next Step
Find the Family-Based Path That Fits Your Case.
A good review should do more than confirm that someone can file. It should identify the family category, likely wait, green card route, needed proof, and any problem that needs more planning.
By sending the form, you agree that the firm may contact you about your inquiry. Sending the form does not create an attorney-client relationship. Do not use the form for urgent deadlines or private legal messages.
Attorney advertising. The Law Office of Gilda McDowell is a private law firm. It is not part of USCIS or any U.S. government agency. This page gives general information, not legal advice. Viewing this page or sending a form does not create an attorney-client relationship. Immigration results depend on each person’s facts and current law. Past results do not guarantee future outcomes.