Florida Family-Based Immigration Lawyer

Family-based immigration allows U.S. citizens and lawful permanent residents to petition for certain close relatives to immigrate to the United States. For many families in Florida, this is the most common path to a green card. The process is run entirely by the federal government, so the same rules apply whether you live in Coral Gables, Miami, Orlando, Tampa, or anywhere else in the state. The Law Offices of Albert Goodwin helps families throughout Florida, and because immigration law is federal, we also assist clients located in other states and abroad.

The pages below explain who can be petitioned, how the I-130 petition works, how priority dates and wait times function, the difference between adjustment of status and consular processing, and some of the common problems that come up along the way.

Who Can Be Petitioned

The relatives who can be sponsored depend on the immigration status of the person filing the petition and on the family relationship. The law divides eligible relatives into two broad groups: immediate relatives and the family preference categories.

Immediate Relatives of U.S. Citizens

Immediate relatives are the closest family members of a U.S. citizen. This category is not subject to annual numerical limits, which generally means there is no waiting line for a visa to become available once the petition is approved. Immediate relatives include:

• Spouses of U.S. citizens
• Unmarried children under twenty-one years old of U.S. citizens
• Parents of U.S. citizens, where the citizen is at least twenty-one years old

If you are seeking a green card through marriage, you may also want to read our pages on the marriage green card process and on adjustment of status.

Family Preference Categories (F1 through F4)

The family preference categories cover more distant relationships and relatives of lawful permanent residents. These categories are limited by annual numerical caps, so applicants usually wait for a visa number to become available. The categories are:

• F1: Unmarried sons and daughters (twenty-one or older) of U.S. citizens
• F2A: Spouses and unmarried children under twenty-one of lawful permanent residents
• F2B: Unmarried sons and daughters (twenty-one or older) of lawful permanent residents
• F3: Married sons and daughters of U.S. citizens
• F4: Brothers and sisters of U.S. citizens, where the citizen is at least twenty-one years old

Lawful permanent residents cannot petition for parents, married children, or siblings. Those relationships only qualify once the sponsor becomes a U.S. citizen, which is one reason many residents look into citizenship and naturalization.

The I-130 Petition Process

Family-based immigration begins with Form I-130, the Petition for Alien Relative. The sponsoring relative files this form with U.S. Citizenship and Immigration Services to establish that a qualifying family relationship exists.

1. The sponsor files Form I-130 with supporting documents that prove the relationship, such as a marriage certificate, birth certificates, or other records.
2. USCIS reviews the petition and may request additional evidence.
3. Once USCIS approves the petition, the case moves toward the green card stage, either through adjustment of status inside the United States or through consular processing abroad.

It is important to understand that an approved I-130 does not by itself grant any immigration status or work authorization. It only confirms the family relationship and reserves the relative's place in line. The green card is obtained in a later step. For a broader overview of the green card process, see our green card page.

Priority Dates and Wait Times

For immediate relatives, a visa is generally considered available right away, so there is no preference line to wait in. For the family preference categories, the wait can be significant because of the annual numerical limits and per-country caps.

When an I-130 is filed in a preference category, the filing date becomes the priority date. This date marks the applicant's place in line. The U.S. Department of State publishes a monthly Visa Bulletin that shows which priority dates are current for each category and country of birth. When the priority date becomes current, a visa number is available and the case can move forward.

Wait times vary widely depending on the category and the applicant's country of birth. Some categories move relatively quickly, while others can take many years. Because the Visa Bulletin changes each month, it is worth checking the current status of your category rather than relying on older information.

Adjustment of Status vs. Consular Processing

Once a visa is available, there are two main routes to the green card. The right choice depends mostly on where the relative is and whether they are eligible to complete the process inside the United States.

Adjustment of Status

Adjustment of status is the process of obtaining a green card while remaining in the United States, using Form I-485. It is generally available to relatives who are already in the country, entered lawfully, and meet the other eligibility requirements. This route avoids travel abroad and allows the applicant to apply for work and travel authorization while the case is pending. Our adjustment of status page explains this option in more detail.

Consular Processing

Consular processing is used when the relative is outside the United States or is not eligible to adjust status here. The case is handled through the National Visa Center and a U.S. embassy or consulate in the relative's home country. The applicant attends an interview abroad and, if approved, enters the United States with an immigrant visa that becomes a green card.

Common Obstacles

Family-based cases are often straightforward, but several issues can complicate or delay them. Identifying these problems early usually leads to better outcomes.

• Prior unlawful presence. Time spent in the United States without authorization can trigger bars to reentry if the person leaves the country. In some situations a waiver may be available, but the analysis is fact specific.
• Prior removals or deportation orders. A past removal order can create serious complications and may require additional applications before a new case can proceed. If this applies to you, our deportation and removal defense page may be relevant.
• Criminal issues. Certain criminal records can make a person inadmissible. Whether a particular offense causes a problem depends on the nature of the conviction and the immigration consequences attached to it.
• Affidavit of support. The sponsor must usually file Form I-864, the Affidavit of Support, agreeing to financially support the relative and showing income at or above the required threshold. When the sponsor's income is not sufficient, a joint sponsor may be needed.
• Documentation and relationship evidence. Missing or inconsistent documents can lead to requests for evidence or denials, so it helps to assemble a complete record from the start.

Frequently Asked Questions

How long does the I-130 petition take?

Processing times depend on the category, the service center handling the case, and the applicant's country of birth. Immediate relative cases are not held back by the preference line, while family preference cases can take years because of numerical limits. Checking the current Visa Bulletin and USCIS processing times gives the most accurate picture for your situation.

Can a green card holder petition for a spouse or children?

Yes. A lawful permanent resident can file an I-130 for a spouse and for unmarried children under the F2A and F2B categories. Permanent residents cannot, however, petition for parents, married children, or siblings. Those relationships require the sponsor to first become a U.S. citizen.

What happens if my relative entered the country without inspection?

Entry without inspection can affect whether the relative is eligible to adjust status inside the United States and may raise unlawful presence concerns if the person travels abroad. The available options depend on the specific facts, so it is worth reviewing the details before deciding how to proceed.

Do I need a lawyer for a family-based petition?

You are not required to hire a lawyer, but many families find it helpful, especially when there are complications such as prior immigration violations, criminal history, or questions about which process to use. A careful review at the outset can reduce the risk of delays and denials.

Speak With a Florida Family-Based Immigration Lawyer

If you would like help petitioning for a relative or moving an existing case forward, the Law Offices of Albert Goodwin is ready to assist. We work with families across Coral Gables, throughout Florida, and with clients in other states and abroad. Call us at 786-522-1411, email [email protected], or visit our contact page to discuss your family's situation.