Family Based Petitions

Welcome to The Kuba Law firm, PC.

At The Kuba Law firm, our New York City immigration attorneys have extensive experience with family-based petitions. With a commitment to excellence, our team of immigration lawyers puts clients first. If you have any questions about a family-based immigration petition, we are here to help. Contact our New York City family immigration lawyers today for your completely confidential, no obligation consultation.

Family Immigration is the Backbone of Our System

The majority of people who immigrate to the United States do so through a family member. Indeed, family immigration is at the very foundation of the American immigration system. It reflects national values that put a strong priority on family unity. Through family-based visas, U.S. citizens and lawful permanent residents can sponsor close relatives—such as spouses, children, parents, and siblings—for green cards. Family immigration matters: It strengthens communities, promotes stability, and supports economic integration by allowing families to build their lives together. Family ties foster support networks that help new immigrants thrive in New York City.

An Overview of Family Based Immigration Petitions

Navigating the family immigration process requires completing and submitting a petition. Through a family-based immigrant petition, American citizens and lawful permanent residents (LPRs) can sponsor certain relatives for lawful permanent residence (green cards). To initiate the process, you must file a document called Form I-130, Petition for Alien Relative with United States Citizenship and Immigration Services (USCIS). The purpose of the petition is to establish a qualifying familial relationship between the petitioner and the beneficiary. Notably, family-based petitions fall into two primary categories:

• Immediate Relatives: Immediate relatives include spouses, unmarried children under 21, and parents of U.S. citizens over age 21. These categories are not subject to annual numerical limits—meaning there is no statutory cap on the number of approvals.
• Family Preference: On the other hand, family preference categories are subject to annual quotas and priority date backlogs. This category includes adult children and siblings of U.S. citizens and certain relatives of LPRs.

Upon approval of Form I-130 and the availability of a visa number (if required), the beneficiary may apply for adjustment of status (Form I-485) if they are in the U.S., or consular processing through the National Visa Center (NVC) if abroad. Petitioners must also submit evidence of financial support via Form I-864, Affidavit of Support, to show the immigrant will not become a public charge. Only once all criteria have been satisfied, will a family member be permitted to immigrate to the U.S.

Know the Steps in Petitioning for a Family Member

Step #1: Determine Eligibility of the Relationship

Before beginning the process, confirm that you are eligible to sponsor a family member under U.S. immigration law. U.S. citizens can petition for spouses, children, parents, and siblings, while lawful permanent residents are limited to spouses and unmarried children. You must be prepared to prove the legitimacy of your relationship.

Step #2: File Form I-130, Petition for Alien Relative

You must complete and submit Form I-130 to USCIS. A key thing to remember is that you need to submit this paperwork with supporting evidence of the qualifying relationship. A filing fee and documentation such as proof of status and family ties are required.

Step #3: Wait for Visa to Become Available (If Required)

Immediate relatives of citizens do not need to wait for a visa number. However, preference category beneficiaries must wait for a visa to become available based on the Department of State’s Visa Bulletin. Each approved I-130 is assigned a priority date that determines when the case proceeds.

Step #4: Apply for Green Card (Adjustment or Consular Processing)

Once the visa is available, the beneficiary can apply for lawful permanent residency. If inside the United States, this is done through Form I-485 (Adjustment of Status). If abroad, it is done through consular processing via the National Visa Center and the appropriate U.S. Embassy or Consulate.

Why Trust the Family Immigration Lawyers at The Kuba Firm

While family-based immigration forms much of the foundation of the U.S. immigration system, the application process can be complicated. If you have a lot of questions about how family-based immigration petitions work, you are far from alone. At The Kuba Law firm, your fight is our battle. Our team has winning results across many different types of cases. We are proactive and devoted to personalized advocacy. Among other things, our New York City family immigration lawyer will:

• Listen to your story and answer questions about your family immigration case;
• Help you gather supporting documents/records and complete and paperwork; and
• Develop a comprehensive strategy focused on obtaining the best possible outcome.

Family Immigration: Frequently Asked Questions (FAQs)

How long does it take for a family-based immigration petition to be processed?

It depends. The processing times for a family immigration petition can vary widely based on a wider range of different factors, including the specific relationship. Immediate relative petitions are typically processed faster. Most often, within 12 to 18 months. However, family preference category petitions may take longer. .

Can I work or travel while my family-based petition is pending?

You need to have the specific authorization to do so. Filing Form I-130 alone does not provide work or travel authorization. However, if the beneficiary files Form I-485 for adjustment of status, they may also file Forms I-765 (for employment authorization) and I-131 (for advance parole). These benefits are discretionary and may or may not be approved by USCIS.

What documents do I need to submit with a family-based immigration petition?

You must provide proof of your status (such as a U.S. passport, naturalization certificate, or green card) and evidence of the qualifying family relationship. Common documents include birth certificates, marriage certificates, and divorce decrees.

Contact Our New York City Family Immigration Attorney for Immediate Help

At The Kuba Law firm, our New York City family immigration attorneys are skilled, experienced, and driven by a passion for excellence service. If you have any questions or concerns about any aspects of family immigration, we can help. Get your free consultation now! From our offices in New York City, Rockland, and Hauppauge, we handle family immigration all across the wider region.