Guide
Family-based immigration roadmap
How family-based petitions actually work: who can file, who is eligible, how long it takes, and where most families get stuck.
Family-based immigration is the most common path to a green card. It is also the most misunderstood. This guide walks through the basic structure so a Valley family can plan realistically.
Who can file for whom
- A U.S. citizen can file for a spouse, parent (if the citizen is 21 or older), unmarried child under 21, unmarried child over 21, married child of any age, and sibling (if the citizen is 21 or older).
- A lawful permanent resident (green card holder) can file for a spouse and unmarried children.
- Citizens cannot file for cousins, aunts, uncles, grandparents, or in-laws.
How the process flows
- I-130 petition. The citizen or LPR files Form I-130 with USCIS to prove the qualifying relationship.
- Priority date and waiting line. Many categories have a wait - sometimes years - because the law caps the number of green cards issued each year. The Visa Bulletin shows where the wait is right now.
- Adjustment of status (in the U.S.) or consular processing (abroad). When the priority date is current, the beneficiary either files I-485 in the U.S. or attends an interview at a U.S. consulate (often Ciudad Juárez for our Valley families).
- Interview and decision. USCIS or the consulate interviews the beneficiary, reviews evidence, and issues a decision. Approval gets a green card.
Where families get stuck
- Unlawful presence. A spouse or child who entered without inspection may need a provisional waiver (I-601A) before consular processing.
- Criminal history. Some convictions trigger inadmissibility. Talk to an immigration attorney before any plea in state court.
- Public charge and affidavit of support. The petitioning sponsor must meet income thresholds or find a joint sponsor.
- Document gaps. Missing birth certificates, divorce decrees, or proof of bona fide marriage are the most common reasons cases stall.
How we work the file
We build every family-based case as if it might go to interview at Ciudad Juárez or in front of an immigration officer in McAllen. That means complete documentation, certified translations, a clean timeline, and a prepared client. The fee is flat and paid in phases tied to filing milestones.
Direct consultation
Ready to talk about your case?
Call the firm or schedule a consultation. We speak Spanish and English. Initial consultations are confidential.