Who can petition for a family member
The rules depend on your status and your relationship. U.S. citizens can file for a spouse, for children of any age (married or unmarried), for parents (if the citizen is at least 21), and for brothers and sisters (also once the citizen is 21). Lawful permanent residents can file for a spouse and for unmarried children. Under current law, a green card holder cannot petition for parents or siblings.
Federal immigration law also splits relatives into two groups. Immediate relatives (the spouse, unmarried children under 21, and parents of a U.S. citizen) do not wait for a visa number. Everyone else falls into a preference category and waits until a visa is available under the State Department's monthly Visa Bulletin. That wait depends on the category and the country of birth, and it moves over time.
How the family petition process works
A family petition is a federal process. USCIS, the agency inside the Department of Homeland Security that handles immigration benefits, decides the petition itself. Here is the usual order of events.
- Step 1: The petitioner files Form I-130, Petition for Alien Relative, with USCIS, along with proof of status and proof of the family relationship.
- Step 2: USCIS reviews the file. It may approve it, deny it, or send a Request for Evidence (RFE) asking for more documents.
- Step 3: Immediate relatives move forward right away. Preference-category relatives wait until the Visa Bulletin shows their priority date is current.
- Step 4: If the relative is in the United States and qualifies, they apply for a green card with Form I-485 (adjustment of status). If they are abroad, the case goes to the National Visa Center and then to the U.S. embassy or consulate for an interview.
- Step 5: Once the second stage is approved, your relative receives permanent residence.
What USG Law Group does for your family petition
We begin with a free consultation to learn who you want to petition for, how they entered the country, and whether anything in their history could cause a problem. Then we tell you plainly which path fits your family and what to expect along the way.
From there we gather and review your documents, prepare the I-130 and any related forms, and file the complete package. Gigi Mejia, our USCIS Practice Manager, works the USCIS petition side and keeps you informed as the case moves. If USCIS sends an RFE, we answer it with the evidence requested. When an interview is scheduled, we prepare you for it and can attend with you.
Common problems that slow down or sink a family petition
An approved I-130 confirms the relationship and holds a place in line. It does not give your relative legal status on its own, and it does not fix problems in their history. These issues come up often, and most can be handled if we know about them before filing.
- Entering without inspection or overstaying a visa, which can affect whether the relative may finish the case inside the U.S.
- A prior marriage that was never legally ended, for either spouse.
- Thin proof of the relationship, or birth and marriage records that are missing or do not match.
- Petitioner income below the level required for the Affidavit of Support (Form I-864), which may call for a joint sponsor.
- A past removal order, a criminal record, or an earlier finding of immigration fraud.
Why families in Northern Virginia, Maryland and DC choose USG
Marianela Uribe, our lead attorney, is an immigrant herself. She is licensed in Maryland and Virginia and serves clients in Washington DC, and family cases have been part of her practice since she began practicing immigration law. She explains what each form does and why each document matters.
Clients tell us their cases were prepared sooner than other offices had quoted, and that we explained everything in detail. We offer payment plans, evening and weekend appointments, and consultations by phone or Zoom, so you can start even if you live in Baltimore, Annapolis, Richmond or Washington DC.
Related services for your family
A family petition is usually the first of two steps. If your relative is already here, read our Adjustment of Status page. If they are abroad, see Consular Processing. For spouses, our Marriage-Based Green Card page covers the extra proof those cases need, and our I-130 Petition page goes deeper into the form itself.
