Family Immigration

A family case starts with the relationship. If you're a U.S. citizen petitioning for a spouse, a parent, or an unmarried child under 21, that petition falls into the immediate relative category, which carries no annual cap on how many visas are issued. Nearly everyone else, siblings, married children, and the relatives petitioned for by a lawful permanent resident rather than a citizen, falls into one of the family preference categories, where the number of visas issued each year is limited and the wait is usually longer. Which category applies changes the shape of the whole case, so we start there. From that point, the path runs one of two ways. If the relative is already in the United States, the case often proceeds through Adjustment of Status, filed with USCIS. If they're abroad, it proceeds through Consular Processing at a U.S. embassy or consulate instead. We handle both. Marriage-based green cards are the family petition we see most often, alongside the fiance(e) visa for couples who plan to marry in the United States rather than overseas. We also represent survivors of abuse who qualify to self-petition under the Violence Against Women Act, a path that does not require the abusive spouse's knowledge or cooperation. And when a marriage-based green card is granted on a conditional basis, we file to remove those conditions so the residence becomes permanent.

What we ask for early

Most family petitions require an Affidavit of Support, showing the petitioning relative can financially support the immigrating family member. We'll walk you through what that requires, along with the civil documents, translations and evidence of the relationship itself that USCIS or the consulate will expect to see.

Ghoshal Law, Member, State Bar of California. AILA member. Call (512) 456-3536.