Fort Myer Immigration Attorney Handling Parent, Children & Sibling Petitions

Comprehensive Family-Based Immigration Services

The process through which a U.S. citizen or lawful permanent resident (LPR) petitions for certain non-citizen family members can be a long and complicated process with many potential pitfalls. U.S. citizens may petition for their spouse, children, parents, and siblings, while LPRs may petition for their spouse and unmarried children.

If you are a citizen or LPR hoping to petition on behalf of a loved one, work with Hurtado Immigration Law Firm. We have decades of experience representing families in complicated immigration matters. Our Fort Myers family immigration attorney is passionate about reuniting loved ones and seeing families strengthen bonds in the U.S.

Who is Considered an Immediate Relative?

The spouse, parents, and minor children of U.S. citizens are considered “immediate relatives” and have visas immediately available.

Relatives who are not “immediate relatives” must wait for a visa to become available for them and are assigned a “priority date.” When the priority date becomes current, the non-citizen relative’s visa will become available. Visa availability is determined by the U.S. State Department and announced through its visa bulletin. You can check the current visa bulletin here.

When the priority date on your I-130 receipt notice is the same or earlier than the date in your visa category, you may be eligible to apply for LPR status. Please make an appointment with our law office before filing any application for LPR status. 

Eligibility Requirements for Family-Based Petitions

Family-based immigration allows U.S. citizens and lawful permanent residents (LPRs) to bring their eligible relatives to the United States. However, there are specific requirements for who can file these petitions.

U.S. Citizens:
U.S. citizens can petition for their:

• Spouse
• Parents
• Children (unmarried, under 21 years old)
• Siblings (brothers and sisters)

Lawful Permanent Residents (LPRs):
LPRs have more limited options and can petition for:

• Spouse
• Unmarried children (under 21 years old)

Important Note:
Family members must meet specific eligibility criteria, such as age, relationship status, and residency status, to qualify for the petition.

The I-130 Petition Process

The I-130 petition is the first step in the family-based immigration process. It is filed by a U.S. citizen or LPR to bring a family member to the U.S.

• Step 1: Complete Form I-130
  The petitioner must fill out and submit the I-130 form, which establishes the relationship between the petitioner and the family member.
• Step 2: Gather Supporting Documents
  Documents typically required include:
  • Proof of U.S. citizenship or LPR status
  • Birth or marriage certificates to prove the relationship
  • Passport-style photos of the petitioner and family member
• Step 3: Submit the Petition
  After completing the form and gathering documents, the petition is submitted to the United States Citizenship and Immigration Services (USCIS).
• Step 4: Wait for USCIS Decision
  USCIS will process the petition and notify the petitioner of its decision. If approved, the family member can apply for a visa or adjust status.

Priority Dates and Visa Bulletin

When a family member is not an "immediate relative" (spouse, parent, or minor child of a U.S. citizen), they will need to wait for a visa to become available.

• Priority Dates:
  The "priority date" is the date USCIS receives the petition. This date is important because it determines when a family member can move forward with the visa application.
• Visa Bulletin:
  The U.S. Department of State releases a monthly visa bulletin that shows the current availability of visas for different family categories. Applicants can track their priority date and check when it becomes "current" to apply for a visa.

Processing Times for Family-Based Visas

The processing time for family-based immigration petitions varies depending on the relationship between the petitioner and the beneficiary.

Immediate Relatives (spouse, parents, children):

• These visas are generally available immediately, meaning there is no waiting period.
• Processing times usually range from 6 months to 1 year.

Family Preference Categories (siblings, adult children, etc.):

• These categories have limited visas available each year, so applicants must wait for their priority date to become current.
• The waiting period can vary from several years to decades, depending on the category and country of origin.

Factors That Affect Processing Times:

• Country of origin (some countries have more applicants, leading to longer waits)
• USCIS workload and service center efficiency
• Whether the petition is completed correctly and with the necessary documents

Understanding these timelines can help set expectations and plan accordingly.

Frequently Asked Questions (FAQ)

• How long does the family-based immigration process take?
  The timeline can vary based on the relationship between the petitioner and the beneficiary. Immediate relatives (spouses, parents, and minor children) usually experience faster processing, often between 6 months to 1 year. However, for family preference categories (such as siblings or adult children), the waiting period can extend from several years to even decades, depending on the country of origin and visa availability.
• Can a Lawful Permanent Resident (LPR) petition for siblings or parents?
  No, LPRs are only allowed to petition for their spouse and unmarried children under 21 years old. U.S. citizens, however, can petition for their parents, siblings, and adult children, as well as spouses and minor children.
• What happens if my priority date is not current?
  If your priority date is not current, you will need to wait until it becomes current to proceed with your visa application. You can track your priority date by regularly checking the U.S. Department of State’s Visa Bulletin, which is updated monthly.
• What documents do I need to file a family-based petition?
  In addition to Form I-130, you will need:
  • Proof of U.S. citizenship or LPR status (e.g., birth certificate, passport, green card)
  • Birth or marriage certificates to prove your relationship to the beneficiary
  • Passport-style photos of both you and your family member
  • Additional supporting documents that may be required based on the specific case
• Can my family member apply for a visa while their I-130 petition is being processed?
  In most cases, your family member cannot apply for a visa until the I-130 petition is approved and the priority date is current. However, if your family member is already in the U.S. and eligible, they may be able to apply for adjustment of status while the petition is being processed.
• What is the difference between an immediate relative and other family categories?
  Immediate relatives (spouse, parent, or minor child of a U.S. citizen) have visas available immediately. Other relatives, such as siblings or adult children, are classified under family preference categories, which have a limited number of visas available each year. These applicants must wait for their priority date to become current before proceeding with their visa application.

Call us at (239) 800-0580 to learn more about your family immigration options.