Family-based immigration allows U.S. citizens and lawful permanent residents to petition for certain qualifying relatives. The available category and path depend on the petitioner’s status and age, the family relationship, visa availability, the beneficiary’s immigration history and admissibility, and whether the person may adjust status in the United States or must pursue consular processing. DACA or “Dreamer” status by itself does not authorize a person to petition for a parent; a U.S. citizen must be at least 21 years old to petition for a parent.
Who can petition for whom?
U.S. citizens can petition for:
- Spouse — immediate relative, no waiting list.
- Unmarried children under 21 — immediate relative.
- Unmarried sons and daughters age 21 or older — F1 family-preference category.
- Married sons and daughters — F3 family-preference category.
- Parents — immediate relative when the U.S. citizen petitioner is at least 21.
- Siblings — F4 family-preference category when the U.S. citizen petitioner is at least 21.
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 generally filing Form I-130 with USCIS to establish a qualifying family relationship. Approval of an I-130 does not by itself grant immigration status or resolve whether the beneficiary may adjust status or receive an immigrant visa. Evidence commonly includes:
- 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 United States: Adjustment of status through Form I-485 may be available if the person meets the applicable requirements, which can include inspection and admission or parole, an immediately available immigrant visa, admissibility or available relief, and freedom from applicable adjustment bars. Exceptions exist for certain categories.
- Outside the United States: After USCIS approves a petition, the Department of State’s National Visa Center may handle fees and documents before an immigrant-visa interview at a U.S. embassy or consulate. Family-preference cases also depend on priority-date and Visa Bulletin availability.
- Entry without inspection: A person who was not inspected and admitted or paroled generally does not meet the usual INA 245(a) adjustment requirement, although exceptions or other paths may apply. Some people pursuing consular processing may qualify for Form I-601A to request a provisional waiver of specified unlawful-presence grounds before departure. I-601A does not waive other inadmissibility grounds or eliminate the immigrant-visa interview abroad.
Timing and visa availability
There is no single completion time for a family-based case. USCIS processing estimates vary by form, office, and case circumstances. Immediate-relative visas are not numerically limited, but agency processing and any consular steps still take time. Family-preference categories depend on the priority date, category, country of chargeability, and the Department of State’s monthly Visa Bulletin. NVC publishes separate operational timeframes that cover only its portion of consular processing.
What an experienced family immigration lawyer adds
- Identifies the strongest petition strategy when multiple paths exist.
- Prepares organized, consistent evidence aimed at reducing avoidable Requests for Evidence (RFEs), although no filing can guarantee that USCIS will not request more information.
- Identifies issues that may affect eligibility or require additional analysis, such as unauthorized employment, status violations, prior overstays, or criminal history.
- Evaluates whether an I-601A provisional unlawful-presence waiver or another waiver may be available when a ground of inadmissibility is implicated.
- 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?
A spouse may file an I-130, but petition approval does not by itself establish adjustment eligibility. Immediate relatives of U.S. citizens are exempt from certain adjustment bars involving status violations and unauthorized employment, but the person must still satisfy other requirements, including the applicable admission-or-parole rule, admissibility, and any other bars. A case involving an LPR spouse follows different visa-availability and adjustment rules and may involve consular processing.
How much does a family-based case cost?
Attorney fees depend on case complexity plus USCIS filing fees. The consultation provides a specific estimate.
Do I need to use a Denver-based attorney?
Not strictly. Immigration law is federal, and representation may be provided across jurisdictions when professional rules permit. The relevant agency depends on the case: USCIS field offices handle certain scheduled USCIS matters, the Department of State and NVC handle consular immigrant-visa processing, and DOJ's EOIR administers immigration courts. Local knowledge may matter when a case actually involves the Denver field office or immigration court.
Schedule a consultation
Novo Legal Group represents families through I-130 petitions and the full family-based immigration process in Denver. Bilingual representation. Call 1 (888) 746-5245.
Related reading: Family Immigration & Marriage Green Card, Citizenship & Naturalization.
