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Family & Marriage Petitions

Reuniting families through immigration.
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At Alsalman Law Office, we understand how important it is to keep families together. If you are a U.S. citizen or lawful permanent resident (green card holder), you may be able to sponsor your spouse, children, parents, or siblings for a green card through the USCIS Family-Based Petition process.

This process can be complex, with different requirements depending on whether your loved one is inside or outside the U.S. Our experienced team is here to guide you every step of the way, helping you navigate the legal requirements and increase your chances of a successful outcome.

What is a USCIS Family-Based Petition?

The USCIS Family Petition allows U.S. citizens and lawful permanent residents (LPRs) to sponsor their relatives for immigration benefits. This process requires proving a legitimate family relationship and meeting financial and eligibility requirements set by U.S. immigration law.

Types of Family-Based Petitions:

Immediate Relatives
(No Visa Waiting Period)

Available only for U.S. citizens sponsoring:
  • Spouses
  • Unmarried children under 21
  • Parents (if the petitioner is over 21)

Family Preference Categories
(Visa Availability is Limited)

Available for U.S. citizens and green card holders:
  • F1: Unmarried adult children (over 21) of U.S. citizens
  • F2A: Spouses and unmarried children (under 21) of green card holders
  • F2B: Unmarried adult children (over 21) of green card holders
  • F3: Married children of U.S. citizens
  • F4: Siblings of U.S. citizens (if the petitioner is over 21)

The Family/Marriage Petition Process

The application process depends on whether your relative is inside or outside the U.S. Below is an overview of how the process works.
1

Filing Form I-130
(Petition for Alien Relative)

This form establishes the qualifying family relationship between the U.S. petitioner and their relative.
—
Processing times vary depending on the
relationship and visa category.
—
If the beneficiary is inside the U.S. and eligible, they may be able to apply for Adjustment of Status (Form I-485) concurrently with Form I-130. Consult with an attorney to determine eligibility.
—
Eligible applicants inside the U.S. may also apply
for work authorization (Form I-765) and travel permission (Form I-131 - Advance Parole) while
waiting for a decision.
2

USCIS Processing
& Approval

USCIS reviews the petition and
supporting documents.
—
If approved, the case moves to either the National
Visa Center (NVC) for further processing if the beneficiary is outside the U.S. or Adjustment of Status (AOS) if the relative is inside the U.S. and eligible.
3

Consular Processing or
Adjustment of Status

If the beneficiary is outside the U.S., the case is processed by the National Visa Center (NVC), and the relative will attend an interview at a U.S. embassy or consulate in their home country.
—
If the beneficiary is inside the U.S. and eligible, they may file Form I-485 (Adjustment of Status) to obtain a green card without leaving the U.S.
4

Interview & Decision

Most applicants will have an interview either at a USCIS office for AOS or at a U.S. consulate for consular processing.
—
If approved, the family member receives their green card (permanent resident status).

Concurrent Filing of Adjustment of Status with Form I-130

For immediate relatives of U.S. citizens who are already inside the U.S., USCIS allows concurrent filing of Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Adjust Status).

Benefits of Concurrent Filing:

  • Faster processing, as immediate relatives can apply for a green card sooner instead of waiting for I-130 approval first.
  • Ability to apply for work authorization (Form I-765) while the green card application is pending.
  • Ability to apply for travel authorization (Form I-131 - Advance Parole) while waiting for the green card.
  • No need for consular processing, allowing the applicant to remain in the U.S. while their case is processed.

What is a USCIS Family-Based Petition?

Adjustment of Status (AOS)
Consular Processing
Applicant Location
Inside the U.S.
Outside the U.S.
Processing Agency
USCIS
NVC & U.S. Consulate
Work Authorization
Available (with I-765)
Not available before approval
Travel Restrictions
Must apply for Advance Parole
Must remain outside U.S. until approval
Interview Location
USCIS field office
U.S. embassy/consulate

How Alsalman Law Office Can Help

Navigating the USCIS family-based petition process can be overwhelming, but Alsalman Law Office is here to assist you with:
  • Determining eligibility by analyzing your case and confirming your qualifications for a family petition.
  • Preparing and filing accurate and complete forms to avoid delays or denials.
  • Developing a petition strategy that clearly demonstrates the family relationship and meets USCIS requirements.
  • Addressing potential inadmissibility issues, prior denials, or missing documents.
  • Preparing you and your relative for interviews at USCIS or the U.S. embassy or consulate.
  • Guiding eligible family members already in the U.S. through the Adjustment of Status process, including filing Form I-485, work permits, and travel authorization.
We work diligently to give your case the best possible chance of success, minimizing errors and delays that could impact your family’s ability to reunite.

Get Started Today

If you are ready to bring your loved one to the U.S. or help them adjust their status, Alsalman Law Office is here to guide you through the process. Contact us today for a consultation and take the first step toward reuniting with your family.

At Alsalman Law Office, we are committed to helping families stay together. Let’s make your immigration journey smoother and more successful.
Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Immigration laws are complex and subject to change. For personalized legal guidance, consult a licensed immigration attorney.

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Alsalman Law Office PLLC

325 West Main Street, Suite 2104
Louisville, KY 40202

info@alsalmanlaw.com

(502)785-8866

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