Family-Based Immigration
Bringing spouses, parents, children, and siblings together through the family-based green card process.
Most family immigration starts with one idea: a U.S. citizen or lawful permanent resident wants a relative to live here legally. American Dream Advocacy Group, PLLC helps you turn that goal into an approved petition and, in time, a green card. Lincy Thomas works directly with you from the first filing through the interview, so you always know who is handling your case and what comes next.
This work fits U.S. citizens petitioning for a spouse, parents, children, or siblings, and green card holders petitioning for a spouse or unmarried children. It also covers engaged couples using a K-1 fiance visa and couples who need to remove the conditions on a two-year green card. Every family is different, so the plan we build starts with your specific relationships, immigration history, and timing, not a template.
Who qualifies, and how the categories work
Family petitions fall into two groups, and the group you are in decides how long you wait. Immediate relatives of U.S. citizens (a spouse, an unmarried child under 21, or a parent when the citizen is 21 or older) have no annual limit and no waiting line for a visa number. Everyone else falls into the family-preference categories, which are capped each year and move according to the monthly Visa Bulletin.
The family-preference categories include the spouses and unmarried children of green card holders, the adult unmarried and married children of citizens, and the brothers and sisters of adult citizens. Because these categories are limited, a petition gets a priority date (the day it is filed), and you often wait for that date to become current before the case can finish. We check the Visa Bulletin and your category early so you know whether the wait is measured in months or years, and what may change that.
- Immediate relatives of U.S. citizens: spouse, parent, and unmarried child under 21, with no annual cap.
- Preference categories: spouses and unmarried children of LPRs, adult children of citizens, and siblings of adult citizens.
- Priority date and the Visa Bulletin control the wait for preference cases.
- Aging out, marriage, or a petitioner naturalizing can move a case into a faster or slower category.
The forms and the two paths to a green card
Nearly every family case begins with Form I-130, the petition that proves the qualifying relationship. From there, the case takes one of two paths. If the relative is already in the United States and eligible, we often file adjustment of status on Form I-485 so they can get the green card without leaving the country. If the relative is abroad (or is not eligible to adjust here), the case goes through consular processing at a U.S. embassy or consulate using the National Visa Center and Form DS-260.
While an adjustment case is pending, the applicant can usually apply for a work permit on Form I-765 and, if travel is needed, advance parole on Form I-131, so life does not stop while you wait. Almost every family case also requires an Affidavit of Support, Form I-864, in which the petitioner (and sometimes a joint sponsor) promises to support the immigrant financially. We prepare these together so the income and document requirements are met the first time.
- I-130: the family petition that establishes the relationship.
- I-485 (adjustment of status) inside the U.S. versus DS-260 (consular processing) abroad.
- I-765 for a work permit and I-131 for advance parole while an adjustment case is pending.
- I-864 Affidavit of Support to meet the financial requirement.
Marriage cases, fiance visas, and removing conditions
Marriage-based cases get extra scrutiny, so the heart of the case is proving a real, bona fide marriage. That usually means joint financial records, a shared lease or mortgage, insurance and beneficiary designations, photos over time, and statements from people who know you. We help you assemble evidence that tells your actual story and we prepare you both for the interview so honest answers do not sound rehearsed.
If you are engaged and your partner is abroad, a K-1 fiance visa lets them enter to marry within 90 days, after which they apply for the green card here. And when a marriage is under two years old at approval, the first green card is conditional. Roughly 90 days before it expires, you file Form I-751 to remove conditions and prove the marriage is still genuine. We calendar that deadline for you, because a missed I-751 can put status at risk.
Common pitfalls and timing
The problems that derail family cases are usually predictable, and most are avoidable when spotted early. A common one is unlawful presence: time spent in the U.S. without status can trigger a three-year or ten-year bar once a person leaves for a consular interview, which is why the choice between adjusting here and processing abroad matters so much. Prior removal orders, certain criminal issues, and misrepresentations can also complicate an otherwise straightforward case.
Where a bar applies, a waiver may be available, such as the I-601 or the I-601A provisional unlawful presence waiver, which can let a spouse or relative resolve the issue before traveling for the interview. These waivers are fact-specific and turn on hardship to a qualifying relative, so we review your full history before anyone leaves the country. It is much easier to build the right strategy at the start than to fix a stuck case later.
- Unlawful presence can trigger three-year or ten-year bars once a person departs.
- Prior orders, some criminal records, and past misrepresentations need review before filing.
- I-601 and I-601A waivers may address certain bars but depend on hardship and the facts.
- Choosing the wrong path can add years, so we map the route before filing.
How a family petition moves, start to finish
Free initial consultation
We review your relationships, immigration history, and goals to confirm who can petition for whom. You leave knowing your category, the likely path, and a plain-language fee.
File the I-130 petition
We prepare and submit the family petition with proof of the qualifying relationship. For preference cases, this sets your priority date and your place in line.
Choose adjustment or consular processing
Once a visa is available, we file I-485 to adjust status here or move the case to the National Visa Center and DS-260 abroad, plus I-765 and I-131 where they apply.
Prepare the Affidavit of Support and evidence
We assemble the I-864 with income documents and, for marriage cases, the evidence that shows your relationship is real. Then we prepare you for the interview.
Interview, approval, and next steps
We get you ready for the USCIS or consular interview and follow the case to approval. For marriages under two years, we track the I-751 deadline to remove conditions.
Family immigration questions we hear often
Can I petition for my relative if I only have a green card, not citizenship?
Yes, but for fewer relatives and often with a longer wait. A green card holder can petition for a spouse and unmarried children, while a U.S. citizen can also petition for parents, married children, and siblings. If you naturalize while a case is pending, some relatives move into a faster category.
Does my spouse have to leave the country to get a green card?
Not always. If your spouse is in the U.S. and eligible, we can often file adjustment of status on Form I-485 so they never have to leave. If they are abroad or not eligible to adjust here, the case goes through a U.S. consulate. We review your history first, because leaving with unlawful presence can trigger a bar.
How do we prove our marriage is real?
You show a shared life. Joint bank accounts, a lease or mortgage in both names, insurance and beneficiary listings, travel and photos over time, and statements from people who know you all help. There is no single required document, so we build a package that reflects your actual relationship and prepare you both for the interview.
What is a conditional green card and the I-751?
If your marriage is less than two years old when the green card is approved, the first card is conditional and lasts two years. About 90 days before it expires, you file Form I-751 to remove the conditions and show the marriage is still genuine. Missing that deadline can put status at risk, so we track it for you.
How long does a family green card take?
It depends on the category and where the case is filed, and processing times change often, so we avoid promising a fixed number. Immediate relatives of citizens usually move fastest, while preference categories can wait for a visa number under the Visa Bulletin. At your consultation we give a realistic range for your situation.
Start your family's immigration case with a real attorney
Tell us who you want to bring here and where they are now, and we will map the path in a free initial consultation. Reach Lincy Thomas at attorney@americadv.com to set up a time.