Immigration
Family-Based Petitions
I-130 petitions, consular processing, and adjustment of status for spouses, children, parents, and siblings.
Family-based immigration is the principal lawful pathway for South Texas families. A U.S. citizen or lawful permanent resident files Form I-130 to establish a qualifying family relationship, and once the priority date is current and the beneficiary is otherwise admissible, the beneficiary either adjusts status inside the U.S. or processes through a U.S. consulate abroad.
The categories matter. Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents of citizens 21 and older) have visas immediately available. Preference categories (adult sons and daughters of citizens, family members of LPRs, siblings of citizens) have waiting lists that can run from a few years to two decades depending on the country of birth.
Inadmissibility can derail an otherwise valid petition. Prior unlawful presence triggers 3- or 10-year bars on return; certain criminal convictions, fraud, and misrepresentation create their own bars; and the public-charge inadmissibility ground remains in active enforcement. Many of these grounds have waivers - if pleaded correctly.
We handle the I-130 through approval, the I-485 adjustment of status with the supporting affidavit of support and required medical, and consular processing including DS-260, interview preparation, and waiver work where needed. We treat each case as a single planning matter, not a series of disconnected forms.
Common scenarios
Situations we see often
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U.S. citizen spouse petitioning for a Mexican spouse
Spouse may be eligible for adjustment of status in the U.S. (if entered lawfully) or for consular processing in Ciudad Juarez. Prior unlawful presence may require an I-601A provisional waiver.
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LPR parent petitioning for an adult son or daughter
The F2B preference category applies. Wait times can be long; we time the filing carefully and plan for the priority date.
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U.S. citizen petitioning for a parent
Immediate-relative category. Issues commonly include the parent's manner of entry, any prior immigration violations, and the affidavit of support.
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U.S. citizen sibling petition
F4 preference. The wait list is long. We file early to lock in the priority date even if the actual immigration is years away.
What to do
If this happens to you
Gather original civil documents: birth certificates, marriage certificates (and any prior divorce decrees), passports, and identification for both petitioner and beneficiary. Certified translations are required for any non-English document.
Do not leave the U.S. while an adjustment application is pending without first obtaining Advance Parole. Departure without it can be construed as abandonment of the application. Do not file pro se if there is any prior immigration history or criminal record.
How we help
How our firm can help
We assess eligibility, screen for inadmissibility issues, and design the right path - adjustment of status, consular processing, or one of the hybrid routes. We file the I-130 with supporting evidence that USCIS officers actually find convincing, including marriage-bona-fides evidence in spouse cases.
We prepare the adjustment package (I-485, I-864, I-693, I-765, I-131) or coordinate consular processing through the National Visa Center and the appropriate consulate. For inadmissibility issues, we evaluate waivers (I-601A provisional unlawful presence waiver, I-601 multi-ground waivers) and prepare them with full extreme hardship evidence.
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~1 million
lawful permanent residents are added each year via family-based petitions
DHS Office of Immigration Statistics, FY2022
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#1
country of origin for U.S. immigrant visas is Mexico
U.S. State Department, FY2022
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#1
consulate by immigrant visa volume is Ciudad Juarez
U.S. State Department, FY2022
Common questions
Questions about Family-Based Petitions
How long does an I-130 take?
Processing times vary by service center, category, and the beneficiary's country. Immediate relatives of citizens are not subject to a wait list once the I-130 is approved; preference categories often wait years for a visa to become available.
My spouse entered without inspection. Can I still petition for them?
Yes, you can still file the I-130. Adjustment of status inside the U.S. is generally not available without lawful entry (except in narrow exceptions), so the case typically requires an I-601A provisional waiver and consular processing.
What is the I-601A provisional waiver?
A waiver of the 3 / 10 year unlawful presence bar that can be filed inside the U.S. before departure for consular processing, allowing many spouses and adult children of U.S. citizens (and certain LPRs) to consolidate the wait time and travel only once for the visa interview.
Do we have to use the consulate in Ciudad Juarez?
Most Mexican nationals process in Ciudad Juarez. Other consulates may be available in specific circumstances. The case is assigned by the State Department once it reaches the NVC stage.
Related topics
More under Immigration
Direct consultation
Ready to talk about your case?
Call the firm or schedule a consultation. We speak Spanish and English. Initial consultations are confidential.