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Family Petitions

Help Your Family With the Immigration Process

At Alvelo Immigration Legal Solutions, PLLC, we know that family is everything. Whether you want to bring a loved one to the United States or help them obtain legal status, we are here to guide you through the family petition process with dedication and care. Keeping families together is our mission, and we are committed to making the process as smooth as possible.

Types of Family Petitions in Immigration Law

In U.S. immigration, family-based petitions allow U.S. citizens and lawful permanent residents (LPRs) to sponsor certain family members for immigration to the United States. These petitions are filed using Form I-130, Petition for Alien Relative, and are categorized into two main groups: Immediate Relatives and Family Preference Categories.

1. Immediate Relatives of U.S. Citizens

These petitions are for close family members of U.S. citizens. There is no annual limit on the number of visas available for this category, making it the fastest route for family-based immigration.

Spouse of a U.S. Citizen: Includes legally married spouses.
Unmarried Children Under 21 of a U.S. Citizen: Biological, stepchildren (if the marriage occurred before the child turned 18), or adopted children (if the adoption occurred before the child turned 16).
Parents of a U.S. Citizen: The U.S. citizen must be at least 21 years old to petition for their parents.

2. Family Preference Categories

These categories apply to more distant relatives of U.S. citizens and lawful permanent residents. Unlike immediate relatives, these categories are subject to annual visa limits, which can result in significant waiting periods.

First Preference

Unmarried Sons and Daughters (21 or older) of U.S. Citizens: Includes biological, stepchildren, or adopted children who are no longer minors.

Second Preference

F2A: Spouses and Unmarried Children (under 21) of Lawful Permanent Residents.
F2B: Unmarried Sons and Daughters (21 or older) of Lawful Permanent Residents.

Third Preference

Married Sons and Daughters of U.S. Citizens: Includes their spouses and minor children.

Fourth Preference

Brothers and Sisters of U.S. Citizens: The U.S. citizen must be at least 21 years old to petition for siblings. This category also includes the sibling’s spouse and minor children.

3. K Visa Categories (For Fiancés and Spouses)

These visas are technically nonimmigrant visas but are closely tied to family-based immigration.

K-1 Visa: For the fiancé(e) of a U.S. citizen to enter the U.S. and marry within 90 days.
K-2 Visa: For the unmarried children (under 21) of a K-1 visa holder.
K-3 Visa: For the spouse of a U.S. citizen to enter the U.S. while waiting for their immigrant visa to be processed.
K-4 Visa: For the unmarried children (under 21) of a K-3 visa holder.

4. Special Cases

Certain family-based petitions fall under unique circumstances:

Widow(er) of a U.S. Citizen: If the U.S. citizen spouse dies, the surviving spouse can self-petition within two years of the death, provided they were not legally separated at the time of death.
Adopted Children: Children adopted by U.S. citizens or LPRs may qualify if the adoption meets specific legal requirements.
Stepchildren: Eligible if the marriage creating the stepparent-stepchild relationship occurred before the child turned 18.
Orphans: U.S. citizens can petition for orphans they intend to adopt from abroad or have already adopted.

5. Conditional Green Cards for Spouses

Spouses of U.S. citizens or LPRs who have been married for less than two years at the time of receiving their green card are granted a conditional green card. They must file Form I-751, Petition to Remove Conditions on Residence, jointly with their spouse to obtain a permanent green card.

6. Derivative Beneficiaries

In certain family preference categories (F2A, F2B, F3, and F4), the spouse and unmarried minor children of the primary beneficiary can also immigrate as derivative beneficiaries under the same petition.

Key Considerations For Family Petitions

Priority Dates: For family preference categories, the visa availability is determined by the priority date (the date the petition was filed) and the Visa Bulletin.
Affidavit of Support: Petitioners must file Form I-864, Affidavit of Support, to demonstrate they can financially support the beneficiary.

Family petitions are a cornerstone of U.S. immigration, allowing families to reunite and build their lives together. However, the process can be complex, and wait times vary significantly depending on the category and the beneficiary’s country of origin.

How We Can Help You

Options Assessment: Whether you’re applying for residency for your spouse, child, parent, or sibling, we help you determine the best path based on your immigration status and family relationship.

Petition Preparation and Filing: We ensure the correct completion and submission of your Form I-130 and the required documents.

Adjustment of Status and Consular Processing: If your loved one is already in the U.S. or is applying from abroad, we guide you through the proper process to obtain permanent residence.

Waivers and Complex Cases: If you face legal obstacles, we explore waivers and other solutions to keep your case moving forward.

Ongoing Support: We keep you informed throughout the entire process, providing updates so you know what to expect at every stage.

Why Choose Us?

We know how important it is to be with your family, and we treat each case with the attention and care it deserves. Our goal is to help you navigate the immigration system with confidence and keep you connected with your loved ones.

Let’s take the next step together. Contact us today to start your family petition.