Family-Based Green Cards and I-130 Petitions
Form I-130 establishes a qualifying family relationship for immigration purposes. An approved petition does not by itself give the beneficiary permanent residence. What comes next depends on the petitioner's status, the family relationship, visa availability, where the relative is living, and whether the person is eligible to complete the green card process in the United States or through a U.S. consulate abroad.
We prepare family petitions with the later stages in mind. That means reviewing immigration history and eligibility before treating the I-130 as an isolated filing. For the permanent-residence stage, see our Green Card & Adjustment of Status service page.
Who Can Be Petitioned for?
U.S. citizens may petition for spouses, children, sons and daughters, parents, and brothers or sisters when the statutory relationship and age requirements are met. Lawful permanent residents may petition for spouses and unmarried sons or daughters. The category matters because some relatives are considered immediate relatives of U.S. citizens, while other family relationships fall into preference categories with annual visa limits.
- Spouses of U.S. citizens and lawful permanent residents
- Unmarried children under 21
- Adult sons and daughters in qualifying family preference categories
- Parents of U.S. citizens who are at least 21
- Brothers and sisters of U.S. citizens who are at least 21
Marriage Green Cards
Marriage cases require proof of the legal marriage and evidence that the relationship is genuine. The filing strategy can differ depending on whether the foreign-national spouse is already in the United States or will complete immigrant-visa processing abroad. We help couples organize the petition and supporting record and prepare for the stages that follow.
USCIS may evaluate evidence of the shared life behind the marriage. The appropriate evidence depends on the couple's actual circumstances; a case should tell the truth of the relationship rather than imitate a generic document checklist.
Adjustment of Status or Consular Processing
Some beneficiaries who are in the United States may be eligible to apply for adjustment of status with USCIS. Others complete immigrant-visa processing through the Department of State and a U.S. embassy or consulate abroad. The correct route depends on the person's immigration history and eligibility, not simply on where the family would prefer to file.
For family-preference categories, visa availability is tied to the priority date and the applicable category. Families should understand that approval of the I-130 and availability of an immigrant visa are separate parts of the process.
Affidavit of Support
Most family-based immigrants require Form I-864, Affidavit of Support. The petitioner generally must submit the affidavit even when another qualifying person will serve as a joint sponsor. Income, household size, assets where relevant, and the sponsor's documentation should be reviewed as part of the overall filing rather than left until the end of the case.
When a Family Petition Intersects With Immigration Court
A pending or approved I-130 does not automatically stop removal proceedings. When a beneficiary is already in Immigration Court, has a prior removal order, or is detained by ICE, the family petition and the court case must be evaluated together. See our Deportation & Removal Defense and ICE Detention & Immigration Bond pages for related representation.
Prior Entries, Overstays and Other Immigration History
Family cases can become more complicated when there are prior entries, visa overstays, removal proceedings, previous applications, alleged misrepresentation, criminal history, or periods of unlawful presence. The existence of a qualifying relative does not answer every admissibility or procedural question. We review those issues before deciding how the family-based case should proceed.
Brooklyn Office, Family Immigration Nationwide
Meyerovich & Associates P.C. is based in Brooklyn and serves families in New York, New Jersey and Pennsylvania, as well as clients in federal immigration matters nationwide. Consultations are available in multiple languages, including Russian, Ukrainian, Georgian, Tajik, Uzbek, Turkmen and Spanish.