Family Petitions Handled with Careful Preparation

Family Petitions | AG Immigration Law P.A.

If you are considering a family petition for a relative, the first question is whether your relative can be petitioned for at all. A family petition is the filing that asks U.S. Citizenship and Immigration Services (USCIS) to recognize a family relationship. It is the first step in a family-based green card, not the last. This page explains who it’s for, what the filing covers, and how the process moves.

What a Family Petition Is and Who It Is For

A family petition is the form a U.S. citizen or green card holder files to ask USCIS to recognize a qualifying family relationship. The person who files is the petitioner. The relative is the beneficiary.

Supporting documents play an important role in proving a family relationship. These often include birth and marriage records and proof of citizenship or green card status. The rules for these documents are in 8 CFR 204.1.

Some relatives are “immediate relatives.” These are the children, spouses and parents of a U.S. citizen. In the case of parents, such citizens must be at least 21 years of age, under 8 U.S.C. § 1151. 8 U.S.C. § 1151 reads: “In the case of an alien who was the spouse of a citizen of the United States and was not legally separated from the citizen at the time of the citizen’s death, the alien (and each child of the alien) shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen’s death but only if the spouse files a petition under section 1154(a)(1)(A)(ii) of this title within 2 years after such date and only until the date the spouse remarries.” Other relatives, such as siblings and adult children, fall in family categories that have annual limits.

A petition does not finish a green card. Adjustment is generally available, at the government’s discretion, to a relative who was inspected and admitted or paroled (or who has an approved VAWA self-petition), who is eligible for an immigrant visa and admissible, and for whom a visa is immediately available. Adjustment is generally available, at the government’s discretion, to a relative who was inspected and admitted or paroled (or who has an approved VAWA self-petition), who is eligible for an immigrant visa and admissible, and for whom a visa is immediately available. Or the relative may go through a U.S. consulate abroad. Some spouses who get a green card through marriage receive conditional status first, under 8 U.S.C. § 1186a.

What Our Family Petition Services Cover

Our team handles the petition work from the first review through the appeal stage. Adriana Gomez is the responsible lawyer for this page. The work includes:

• Reviewing the relationship and each person’s eligibility before anything is filed.
• Preparing the petition and organizing evidence such as birth, marriage and citizenship records.
• Checking whether each document counts as primary or secondary evidence, and whether originals or true copies are needed.
• Preparing the adjustment of status application (Form I-485) or the consular path, depending on the facts.
• Preparing the joint petition to remove conditions (Form I-751) for a spouse with conditional status. Both spouses must file it within the 90-day period before the second anniversary of permanent residence, under 8 CFR 216.4. If the joint petition cannot be filed due to the termination of the marriage through annulment, divorce, or the death of the petitioning spouse, or if the petitioning spouse refuses to join in the filing of the petition, the conditional permanent resident may apply for a waiver.
• Answering USCIS Requests for Evidence and other notices.

How the Process Works, Step by Step

The process moves through six steps: consultation, documents, preparation, filing, USCIS requests and a decision. Each step builds on the one before it.

1. Paid consultation. The attorney reviews the relationship, past immigration filings and documents, and the options. Consultations are paid, and fees are set out in writing before work begins.
2. Document checklist. You receive a written list based on your relationship and where the relative is living now.
3. Preparation and review. Forms and evidence are checked before anyone signs.
4. Filing. The office files with USCIS and keeps track of the receipt notice.
5. USCIS requests. Biometrics, interviews or a Request for Evidence may follow. We handle them with you.
6. Decision and next step. An approval leads to adjustment of status, consular processing or another step. A denial may lead to an appeal.

The applicant carries the burden of proof. Under 8 U.S.C. § 1361, the person applying must show eligibility for the status claimed. A complete file matters for that reason.

Processing times change by category, USCIS office and workload. We give a current estimate at consultation, not a fixed date.

Why Work With Our Team

AG Immigration Law P.A. focuses on immigration matters. These include family petitions, removal defense, adjustment of status, naturalization, removal of conditions on green cards, waivers and BIA appeals.

Our support staff help organize documents and filings, so each step is tracked from start to finish.

Family petitions often connect to other immigration matters. Some decisions cannot be appealed: no appeal lies from the director’s decision denying a joint petition, and in that case the alien may seek review of the decision in removal proceedings. A relative with a pending removal case may need the petition reviewed alongside that case. Our team covers each of these areas, so one team can review the whole file.

We explain in writing what was filed, what USCIS asked for and what you need to send next.

Questions Before You File: Common Concerns Answered

Most early questions come down to eligibility, evidence and timing.

Book a Paid Consultation With Our Office

To start, contact the office and book a paid consultation about your petition. The first step toward filing your family petition with our team is one message.

Bring what you have. That includes passports, birth and marriage certificates, proof of your citizenship or green card, any USCIS notices and past immigration filings for each person.

Use the contact form, call the office, or message us on WhatsApp to set up your consultation.