Family is the foundation of most immigration cases in the United States. Whether you are a U.S. citizen petitioning for your spouse, a green card holder bringing your children, or a Dreamer trying to bring a parent — family-based immigration is the most common path to lawful status. This guide explains how it works in Denver in 2026 and how to choose a family immigration lawyer.
Who can petition for whom?
U.S. citizens (21 or older) can petition for:
- Spouse — immediate relative, no waiting list.
- Unmarried children under 21 — immediate relative.
- Married children — F3 category, longer wait.
- Parents — immediate relative.
- Siblings — F4 category, longest wait.
Lawful permanent residents (green card holders) can petition for:
- Spouse — F2A category.
- Unmarried children of any age — F2A or F2B depending on age.
The petition process
Step 1 is filing Form I-130 with USCIS to establish the qualifying relationship. Required evidence:
- Birth certificates, marriage certificates, or other relationship proof.
- Petitioner's proof of U.S. citizenship or LPR status.
- Translations of any non-English documents.
Step 2 depends on whether the beneficiary is inside or outside the U.S.:
- Inside the U.S. with lawful entry: File I-485 adjustment of status.
- Outside the U.S.: Consular processing through the National Visa Center.
- Inside the U.S. without inspection: Generally requires consular processing with an I-601A waiver.
Wait times in 2026
- Immediate relative cases (citizens petitioning spouse, parents, minor children): 12-24 months.
- F2A (LPR petitioning spouse/minor children): currently around 24 months, sometimes shorter.
- F1, F2B, F3, F4: years to decades depending on category and country.
What an experienced family immigration lawyer adds
- Identifies the strongest petition strategy when multiple paths exist.
- Prepares evidence packages that prevent Requests for Evidence (RFEs).
- Spots issues that could trigger denial — prior unauthorized employment, prior overstays, criminal history.
- Coordinates I-601A or other waivers when needed.
- Prepares clients for USCIS or consular interviews.
- Handles emergencies — visa bulletin retrogression, aging-out concerns, urgent travel.
Frequently Asked Questions
Can my U.S. citizen children petition for me?
Yes — once they turn 21. Until then, they cannot file the I-130.
I overstayed my visa. Can my spouse still petition for me?
If your spouse is a U.S. citizen, yes — overstays are usually forgiven for immediate relatives during adjustment of status. If your spouse is a green card holder, the analysis is different and may require leaving the U.S. for consular processing.
How much does a family-based case cost?
Attorney fees typically range $1,500-$5,000 plus USCIS fees. The free consultation gives you a specific estimate.
Do I need to use a Denver-based attorney?
Not strictly — immigration is federal — but local attorneys know the Denver field office's tendencies, the local Mexican consulate (if relevant for Ciudad Juarez processing), and the local immigration court.
Free consultation
Novo Legal Group has filed thousands of I-130 family petitions in Denver. Bilingual representation, payment plans available. Call 1 (888) 746-5245.
Related reading: Family Immigration & Marriage Green Card, Citizenship & Naturalization.
