Marriage-Based Cases
Marriage cases require proof of a legally valid relationship and, where required, evidence that the marriage is genuine rather than entered into solely for immigration purposes.
Dallas–Fort Worth Family-Based Immigration Lawyer
The petition proves the relationship.
The strategy gets the family there.
Family immigration representation for spouses, parents, children, adult sons and daughters, siblings, marriage-based green cards, Form I-130 petitions, adjustment of status, and consular processing.
A family petition is only one part of the immigration path. The right process depends on who is petitioning, the family relationship, where the beneficiary is located, visa availability, entry history, admissibility, and prior immigration or criminal issues.
SpouseImmediate relative or preference
ParentCitizen petitioner age 21+
ChildAge & marital status matter
SiblingCitizen petitioner age 21+
Dallas–Fort WorthServing families
At a Glance
Who can file a family-based immigrant petition?
U.S. citizens may generally petition for qualifying spouses, children, parents, adult sons and daughters, and siblings. Lawful permanent residents may generally petition for spouses and unmarried children or sons and daughters. The category determines whether an immigrant visa is immediately available or whether the beneficiary enters a preference-category line.
Choose The Correct Path
The same family relationship can lead to very different procedures.
Before filing, the case should be mapped from petition through permanent residence rather than treating Form I-130 as the finish line.
Parents & Children
Age, citizenship, permanent-resident status, marital status, and the legal parent-child relationship can determine the correct category.
Adult Sons & Daughters
Adult children may fall into preference categories where marital status and whether the petitioner is a citizen or permanent resident affect classification.
Siblings
A U.S. citizen who is at least 21 may petition for a sibling, but this is a numerically limited preference category rather than an immediate-relative category.
Adjustment Of Status
Some beneficiaries physically present in the United States may be eligible to apply for permanent residence with USCIS, subject to entry, visa availability, admissibility, and other requirements.
Consular Processing
Beneficiaries processing abroad generally move from an approved petition into National Visa Center and consular immigrant-visa processing when a visa is available.
Immediate Relative vs. Preference Category
One classification difference can change the entire timeline.
Spouses of U.S. citizens, unmarried children under 21 of U.S. citizens, and parents of U.S. citizens who are at least 21 are generally immediate relatives and are not subject to the numerical visa limits that apply to family preference categories. Other qualifying relatives may need to wait for visa availability based on the applicable preference category and priority date.
01Is the petitioner a U.S. citizen or lawful permanent resident?
02What is the exact qualifying family relationship?
03Is an immigrant visa immediately available?
04Will the beneficiary adjust status in the U.S. or process through a consulate?
Before Filing
Four questions to answer before the petition goes in.
How did the beneficiary enter?
Admission, parole, entry without inspection, and prior departures can materially affect whether adjustment of status is available.
Is there prior immigration history?
Overstays, removal orders, prior petitions, visa denials, unlawful presence, misrepresentation allegations, or prior border encounters can change the strategy.
Is there criminal history?
Arrests and convictions should be evaluated before filing because admissibility and waiver questions can affect the permanent-residence case.
Can the relationship be documented?
Birth, marriage, divorce, adoption, name-change, and bona-fide-marriage evidence should be organized before filing to avoid preventable gaps.
The Family Immigration Process
Classify. Petition. Process. Prove eligibility.
A complete strategy follows the case through the petition and the immigrant-visa or adjustment stage.
Confirm The Category
Identify petitioner status, relationship, beneficiary age and marital status, visa category, priority-date issues, and the intended processing route.
Build The I-130 Record
Prepare the petition with evidence establishing the petitioner's status and the qualifying family relationship.
Complete Green Card Processing
Proceed through adjustment of status or consular processing, including required supporting documents and financial sponsorship.
Resolve Complications
Address requests for evidence, interview issues, inadmissibility concerns, waivers where available, or other procedural problems.
I-130 Approval Is Not A Green Card
The petition establishes the family category. Permanent residence requires the next step.
USCIS expressly distinguishes approval of a family petition from lawful permanent residence. After the qualifying relationship is established, the beneficiary still must complete the appropriate immigrant-visa or adjustment process and satisfy the requirements that apply to that stage.
Frequently Asked Questions
Family immigration questions.
Does an approved I-130 automatically give my relative a green card?
No. Approval establishes the qualifying family relationship and classification. The beneficiary still must complete adjustment of status or immigrant-visa processing, as applicable.
Who counts as an immediate relative of a U.S. citizen?
For the principal family categories, immediate relatives include a U.S. citizen's spouse, unmarried child under 21, and parent when the citizen petitioner is at least 21.
Can an immediate relative file the I-130 and I-485 together?
In certain cases, yes. Immediate relatives physically present in the United States who are eligible to adjust status may be able to file concurrently because an immigrant visa is immediately available to that category.
Can a green card holder petition for a married child?
Lawful permanent residents generally may petition for spouses and unmarried children or sons and daughters. A married son or daughter is not in the family preference categories available to an LPR petitioner.
What if the beneficiary has an overstay, unlawful entry, criminal case, or prior removal?
Those facts should be analyzed before filing. They can affect adjustment eligibility, admissibility, consular-processing risk, waiver strategy, or whether another immigration issue must be addressed first.
Family Immigration Consultation
Who Are You Trying To Bring Or Keep Together?
Tell us whether the petitioner is a U.S. citizen or permanent resident, the family relationship, where your relative is currently living, and whether any immigration or criminal issues may affect the case.
Ready to discuss your family immigration case?
Use the firm's secure contact page to request a consultation, or call 833-FOR-PIRI.
Request a Consultation → Call 833-FOR-PIRIContacting the firm does not create an attorney-client relationship.