Family Petitions

Austin Family Petition Immigration Lawyer

Helping Immigrants Petition for Family Immigration

Family petitions through the U.S. Citizenship and Immigration Services allows family to petition for relatives to immigrate to the United States.

Family on beachAt Zavala Law, PLLC, we have assisted hundreds of individuals with family petitions from every continent, notwithstanding Antarctica. We understand the crucial need to bring family members together. We also have a deep familiarity with the family-based immigration process and the potential mistakes that can be made.

We know the challenges and contingencies that can arise, how to prevent them, and address them if they occur. Our job is to ensure that this detailed process is handled to give you the best chance of an approval without unnecessary delays or setbacks. We will explain everything at the outset and keep you informed and involved along the way.

Need a family-based immigration petition? Contact Zavala Law, PLLC at (512) 488-3970 or online. We serve all Texans and clients across America.

The Family-Based Immigration Petition

U.S. citizens, green card holders, refugees, and asylees all may sponsor certain relatives through a family petition.

For example, a U.S. citizen can submit petitions for:

  • A spouse.
  • Unmarried children under the age of 21.
  • Sons or daughters who are married and/or over the age of 21.
  • Parents if the citizen is over the age of 21.
  • Brothers or sisters if the citizen is over the age of 21.
  • A fiancé(e) who resides outside the U.S. and his or her minor children.

Relatives who are considered “immediate” come first in visa availability; that means visas will always be available to these relatives of U.S. citizens. Immediate relatives are considered spouses, minor children (under 21), and parents. The process is begun by filing Form I-130 that is called Petition for Alien Relative.

This form demonstrates the family relationship upon which the petition is based. In some cases this can also be filed with an application for lawful permanent residence that is known as Form I-485 Application to Register Permanent Resident or Adjust Status.

Preference categories have been established for other relatives of U.S. citizens and for the relatives of green card holders (lawful permanent residents).

These preferences categories include the following:

  • First preference for unmarried adult children of U.S. citizens (adult is aged 21 or older)
  • Second preference (2A) for the spouses and minor children (under 21) of green card holders
  • Second preference (2B) for the unmarried adult children of green card holders
  • Third preference for the married children of any age of U.S. citizens
  • Fourth preference for the siblings of adult U.S. citizens

The family-based application process for current green card holders also includes the Form I-130 Petition for Alien Relative as well as proof that you are a green card holder and accompanying evidence showing the family relationship. That evidence can include such documentation as birth certificates, marriage certificates, or other paperwork.

Once a visa becomes available for your family member, he or she can either go through the adjustment of status process if living within the U.S. or the consular processing route if living outside the U.S.

Family Member of Refugees and Asylees

For those who have entered the U.S. as refugees or were granted asylee status within the past two years, you may also petition for specific family members to be granted similar status. Refugee or asylee family members for whom you may petition include spouses and unmarried children under the age of 21.

Only principal refugees or asylees may petition in this manner; that means you did not attain your refugee or asylee status through a relative but directly on your own. You must also have continued with a status as a refugee or asylee and the family relationship must have existed prior to entry into the U.S. or prior to being granted asylum.

Talk to an Austin family petition immigration attorney about your case at (512) 488-3970.

Let Zavala Law, PLLC Help You

Immigration law can be confusing and complicated. To ensure that you are on the right track, it is always best to work with a trusted professional who knows how the system works. Our firm devotes it entire practice to immigration law and has done so for decades. We have helped innumerable individuals and their families come together in the U.S. through all of the various immigration processes. Our job is to ensure that you have the best chance of success. To accomplish that, we can use our vast experience as well as a dedication to your dreams and the results you seek. Let us help you move through the U.S. immigration system with peace of mind and confidence that your case is being addressed with compassion and competence from start to finish.

Hablamos Español

Our team is fluent in Spanish. We want you to understand every step of your case. We will make sure that nothing is lost in translation.

Let Us Help You & Your Loved Ones With Your Immigration Case

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