Family-Based Immigration Lawyer

If you want to reunite your family in the United States, working with a family-based immigration lawyer can help you pursue one of the primary legal pathways available. 

The process begins when a U.S. citizen or lawful permanent resident files Form I-130 with USCIS to establish the existence of a qualifying family relationship. 

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Approval of this petition does not grant U.S. permanent residence by itself, but it allows the case to move forward to the next stages if all requirements are met. At Lluis Law, we guide immigrants through every case from the beginning.

What Does a Family-Based Immigration Lawyer Do?

This legal pathway allows U.S. citizens and lawful permanent residents to petition for permanent residence for certain family members. To begin the process, the petitioner must: 

• Be a U.S. citizen or lawful permanent resident and have a family relationship with the beneficiary that is recognized under immigration law.
• Complete Form I-130 and file it with USCIS. This is the document that starts the process.

Form I-130 establishes the relationship between the two individuals, but it does not automatically grant a Green Card, work permit, or authorization to remain lawfully in the country. However, it is the first step toward obtaining a Green Card.

What Is Family-Based Immigration?

Family-based immigration refers to the laws that allow U.S. citizens and lawful permanent residents to sponsor certain relatives. 

The U.S. Embassy in Mexico summarizes these categories in its guide to family-based immigration.

Benefits of Obtaining Permanent Residence

A Green Card allows you to:

• Live and work lawfully in the United States.
• Plan your education, housing, employment, or business with greater stability.
• Access certain educational opportunities, healthcare services, and public programs, subject to the applicable eligibility requirements.
• Apply for U.S. citizenship in the future if you meet the naturalization requirements.

In some family-preference categories, the principal beneficiary’s spouse and unmarried children under age 21 may qualify as derivative beneficiaries. For immediate relatives of U.S. citizens, a separate petition generally must be filed for each person.

Who Can a Family-Based Immigration Lawyer Help?

Not every relationship qualifies. Eligibility depends on the petitioner’s immigration status and the family relationship. 

Which Relatives Can a U.S. Citizen Petition For?

If you are a U.S. citizen, you may file a petition for:

• Your husband or wife. The marriage must be legal and bona fide, regardless of whether your spouse lives inside or outside the United States.
• Your unmarried children under age 21. Stepchildren may qualify if you married their biological parent before the child turned 18.
• Your unmarried sons or daughters age 21 or older.
• Your married sons or daughters of any age.
• Your parents, provided you are at least 21 years old.
• Your siblings, also provided you are at least 21 years old.

Which Relatives Can a Lawful Permanent Resident Petition For?

If you are a lawful permanent resident, your Green Card allows you to petition for:

• Your husband or wife.
• Your unmarried children, whether they are under or over age 21.

Immediate Relatives and Family-Preference Categories

Immigration law divides these petitions into two main groups, which determines the applicable waiting periods:

• Immediate relatives. This category includes spouses, unmarried children under age 21, and parents of U.S. citizens. The citizen must be at least 21 years old to petition for a parent.
• Family-preference categories (F1, F2, F3, and F4). These apply when the family relationship is more distant or the petitioner is a lawful permanent resident. Visa numbers are limited, which creates waiting lists that vary by category and country of chargeability.

Because family-preference cases depend on visa availability, you should monitor your immigration priority date to determine when your case can move forward. The Department of State explains these categories in its guide to family immigration and preference visas.

Who Is Not Eligible to File Form I-130?

A petition cannot proceed when:

• There is no relationship recognized under immigration law. Friends, unmarried romantic partners, godparents, cousins, fraudulent marriages, marriages annulled before filing, and adoptions that do not meet the legal requirements do not qualify.
• The petitioner is neither a U.S. citizen nor a lawful permanent resident.
• The age requirements are not met. A U.S. citizen under age 21 cannot petition for parents or siblings, and a lawful permanent resident cannot petition for siblings.

When a situation is complex, other immigration options may be available depending on the circumstances.

Types of Family Petitions We Handle

Lluis Law has immigration lawyers in Los Angeles, California, who focus on family petitions. We prepare, file, and monitor each case to help clients meet USCIS requirements.

Practical example: A Salvadoran mother obtains permanent residence after USCIS approves the Form I-130 filed by her U.S. citizen daughter. Throughout the process, a Lluis Law attorney assists her at every stage, including financial sponsorship and the interview.

How Does the Family-Based Green Card Process Work?

Obtaining a Green Card through a family relationship is a step-by-step process. Every case is unique, but the process generally works as follows:

Step 1: File Form I-130

A separate petition must be filed for each qualifying relative. Approval recognizes the family relationship but does not yet grant permanent residence. 

Step 2: Wait for a Visa to Become Available

Immediate relatives are not subject to annual visa caps. Family-preference applicants must wait until their priority date is current under the Visa Bulletin.

Step 3: Adjustment of Status or Consular Processing

Applicants inside the United States may pursue adjustment of status by filing Form I-485. Applicants outside the country generally complete consular processing.

Step 4: Interview and Final Decision

Consular processing includes an interview with a consular officer. In adjustment-of-status cases, USCIS may schedule an interview or waive it. Permanent residence may be approved if the beneficiary meets the requirements and no ground of inadmissibility applies.

After USCIS approves the petition, it is important to review what happens after Form I-130 approval so you do not lose time during the next stage.

Can the Beneficiary Work During the Process?

Form I-130 alone does not authorize the beneficiary to work in the United States. A beneficiary inside the country may apply for employment authorization using Form I-765 when eligible for adjustment of status and while Form I-485 is pending. 

A beneficiary outside the United States generally cannot work lawfully in the country until entering with an immigrant visa and becoming a lawful permanent resident.

Note: Form I-130 and Form I-485 cannot always be filed together. Concurrent filing requires eligibility to adjust status and an immediately available visa. 

How Long Does a Case With a Family-Based Immigration Lawyer Take?

There is no single processing time because the timeline depends on:

• The family relationship and visa category.
• Visa availability.
• The USCIS office, National Visa Center, or consulate handling the case.
• The process used, such as adjustment of status or consular processing.

Immediate relatives are not subject to annual visa caps. In contrast, siblings, married sons and daughters, adult sons and daughters, and other family-preference applicants may wait many years or even decades.

After obtaining permanent residence, the spouse of a U.S. citizen may apply for naturalization after three years as a permanent resident, provided the couple has lived in marital union throughout that period and all other requirements are met.

In most other cases, a lawful permanent resident may apply for naturalization after five years.

How Can You Petition for Your Parents to Live in the United States?

Only a U.S. citizen who is at least 21 years old may petition for a parent. A lawful permanent resident cannot do so.

The process begins by filing a separate Form I-130 for each parent. The required documents depend on the relationship:

• For a mother: The petitioner’s birth certificate listing both names and proof of U.S. citizenship.
• For a father: The documents listed above and, when applicable, the parents’ marriage certificate.
• If the petitioner was born outside marriage: Evidence of legitimation or proof of an emotional or financial relationship with the father before the petitioner turned 21 or married.
• For a stepparent: The marriage certificate that created the relationship, showing that the marriage occurred before the petitioner turned 18.
• For an adoptive parent: An adoption order or certificate issued before the child turned 16, plus evidence of at least two years of legal custody and joint residence.
• If there were name changes: A marriage certificate, court order, or other legal evidence.

Can Your Parents Work While They Wait?

It depends on where they are when the case is completed:

• If they enter with immigrant visas, they become lawful permanent residents upon admission. While waiting for their physical Green Cards, the immigrant visa endorsed in each passport temporarily serves as evidence of permanent resident status and employment authorization.
• If they are already in the United States and file Form I-485, they may apply for employment authorization using Form I-765 and advance parole using Form I-131 while the case is pending.

What Happens if USCIS Denies Form I-130?

If USCIS denies Form I-130, the denial notice will explain the available options and applicable deadlines. In general, the petitioner may appeal to the Board of Immigration Appeals (BIA) by filing Form EOIR-29.

How Can You Avoid Mistakes in a Family Petition?

The most common problems include:

• Incomplete forms or conflicting information.
• Insufficient or disorganized evidence.
• Questions about whether a marriage is bona fide.
• Mistakes when interpreting the Visa Bulletin.
• Traveling without the required authorization while an adjustment-of-status application is pending.

Frequently Asked Questions for a Family-Based Immigration Lawyer

How Long Does a Family-Based Petition Take?

It depends on the category. Parents, spouses, and minor children of U.S. citizens are immediate relatives, while adult children and siblings are subject to waiting lists. 

Which Relatives Can a Lawful Permanent Resident Petition For?

A lawful permanent resident may petition for a spouse and unmarried children. A U.S. citizen may also petition for parents, siblings, and married sons or daughters.

Which Relative Can Petition for You From the United States?

A U.S. citizen or lawful permanent resident with a relationship recognized by immigration law may petition for you, subject to the applicable category. 

What Is Required for a Family Petition?

You must establish the family relationship with strong documentation, such as birth or marriage certificates, and meet the requirements of the applicable category. 

Family Petition Lawyers in Los Angeles

At Lluis Law, our family petition lawyers in Los Angeles help U.S. citizens and lawful permanent residents prepare and file petitions for their relatives. Our team:

• Explains the process and required documents.
• Reviews the case to help prevent mistakes and delays.
• Develops a strategy when criminal history, prior denials, or immigration problems are involved.
• Keeps clients informed throughout adjustment of status or consular processing.

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Do not face this process alone. Call us to schedule a consultation with our immigration lawyers, who have more than 60 years of combined experience handling these matters in the United States.