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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

  1. I-130 petition. The citizen or LPR files Form I-130 with USCIS to prove the qualifying relationship.
  2. 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.
  3. 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).
  4. 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.