Family Petitions: Understand the Process Before You File

Family Petitions for Clients in Houston: How the Process Works

If you’re looking for help with family petitions, start here. A family petition is a filing by a U.S. citizen or green card holder that shows a qualifying family relationship with a relative. This page explains how the process works, what our practice covers, and what affects the timeline. Adriana Gomez is the lawyer responsible for this page.

What a family petition is and who it is for

A family petition is the first step toward a green card for a relative. The petitioner is the U.S. citizen or green card holder who files, or, in certain cases, a widow or widower of a U.S. citizen or a spouse or child of an abusive citizen or lawful permanent resident who self-petitions. The beneficiary is the relative the petition is for.

Petitions can also cover children, parents and other relatives (8 C.F.R. § 204.1).

Immediate relatives are the children, spouses and parents of a U.S. citizen. Under 8 U.S.C. § 1151, the term “immediate relatives” includes the parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. Those categories have their own limits and waits.

USCIS approves a family petition when it determines that the facts stated in the petition are true and that the relative qualifies for the classification requested.

The petition is only the first step. The relative may then seek a green card from inside the U.S. through adjustment of status, or from abroad through consular processing. Which route applies turns on where the relative is and his or her immigration history.

What our family petitions practice covers

Our family petitions practice covers the filing and the steps that follow it. It focuses on these areas:

• Preparing and filing the petition with evidence of the family relationship and of the petitioner’s status.
• Evidence. Primary evidence, such as civil birth or marriage records, comes first when available. Secondary evidence may be accepted when primary evidence is not available (8 C.F.R. § 204.1).
• Sworn statements. If both primary and secondary evidence are unavailable, USCIS may accept two or more sworn affidavits from people with personal knowledge (USCIS Policy Manual).
• That makes the relative’s category an early question. That makes the relative’s category an early question.
• Removing conditions on a green card for conditional residents, covered in more detail below.
• Responding to notices from USCIS, including Requests for Evidence and Notices of Intent to Deny.

If your matter needs another lawyer or firm, we will tell you so.

How the process works, step by step

Most family cases follow the same basic path. Here is what to expect.

1. Consultation. We review the family relationship, the immigration history and the documents you already have.
2. Evidence plan. We give you a checklist of what the petitioner and the beneficiary each need to gather.
3. Preparation and review. The responsible lawyer reviews the forms and evidence before anything is filed.
4. Filing and receipt. You receive a receipt notice from USCIS. We explain what it means and help you track the case.
5. Next stage. USCIS may issue a Request for Evidence, issue a Notice of Intent to Deny, schedule an interview, or deny the petition, based on the record and the law (USCIS Policy Manual).

Timing varies by relationship category and by case. Processing times also change over time.

Why our team handles family petitions this way

Adriana Gomez is the lawyer responsible for this page’s family petitions practice. Our team includes support staff who handle document intake, scheduling and filing logistics. That support lets the lawyer focus on the legal questions in your file.

Our practice also covers adjustment of status, naturalization, removal of conditions on green cards, waivers, removal defense and BIA appeals. Because removal defense is part of the practice, a family case that moves into removal proceedings can be reviewed in the same consultation. Every case is different, so we review your documents and history before recommending a filing route.

What affects the timeline and the outcome

The relationship category and the relative’s immigration history shape the path more than anything else. These facts often decide which route is open.

• Relationship category. Immediate relatives and preference relatives follow different paths and timing.
• Status on the filing date. For relatives who are not immediate relatives, the adjustment statute’s unlawful-status bar can apply (8 U.S.C. § 1255).
• Prior filings, prior removal orders, or unlawful entry. Any of these can change which filing route is available.
• Conditional green cards. The joint petition to remove conditions must be filed within the 90-day period right before the second anniversary of permanent residence (8 C.F.R. § 216.4). If it is not filed on time, permanent residence ends automatically and removal proceedings begin. Late filing requires good cause shown in writing.
• Waivers. If divorce, annulment, death or refusal prevents a joint filing, the conditional resident may apply for a waiver of the joint-filing requirement (8 C.F.R. § 216.4).
• Denied joint petitions. Under 8 C.F.R. § 216.4(d)(2), if the director denies the joint petition, the alien’s lawful permanent resident status is terminated as of the date of the director’s written decision, and no appeal lies from that decision; the alien may seek review of the decision in removal proceedings. The person may seek review in removal proceedings, where the government must prove its case by a preponderance of the evidence (8 U.S.C. § 1186a).

The right path depends on the facts of each case.

Frequently asked questions about family petitions in Houston

Talk with our team about your case

If your spouse, child, parent or sibling needs a petition and the next filing date is close, don’t wait to sort out which form applies. Our team reviews your relationship documents, immigration history and filing options in a paid consultation. Reach out through the contact form, by calling the office, or by messaging us on WhatsApp.