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Family-Based Immigration Petitions in Los Angeles and Southern California

For many immigrants, the ultimate goal is not just their own legal status, it is bringing their family together. U.S. immigration law provides a path for U.S. citizens and lawful permanent residents to petition for certain family members to come to the United States legally and obtain permanent residency.

The process involves multiple government agencies, strict filing requirements, and in many cases lengthy wait times that depend on visa availability. Having an experienced immigration attorney guide the process from start to finish helps avoid mistakes that cause delays, or outright denials.

The Law Office of Martín O’Hara assists families across Southern California with family-based immigration petitions, adjustment of status applications, and consular processing cases. We handle cases in English and Spanish.

Hablamos español. Call (213) 265-7348 to schedule a consultation.

Who Can File a Family Petition

The answer depends on your immigration status. U.S. citizens have broader petitioning rights than lawful permanent residents (green card holders), and the family relationships that qualify differ between the two groups.

If you are a U.S. Citizen, you may be able to petition for:

  • Your spouse
  • Your unmarried children under 21
  • Your parents (if you are 21 or older)
  • Your unmarried sons and daughters 21 and older
  • Your married sons and daughters
  • Your brothers and sisters (if you are 21 or older)

If you are a Lawful Permanent Resident (Green Card Holder), you may be able to petition for:

  • Your spouse
  • Your unmarried children under 21
  • Your unmarried sons and daughters 21 and older

The distinction between “children” (under 21, unmarried) and “sons and daughters” (21 and older, or married) matters significantly in immigration law because they fall into different visa categories with different wait times.

Immediate Relatives vs. Family Preference Categories

Not all family petitions move at the same speed. The category your family member falls into determines how long the process takes.

Immediate Relatives of U.S. Citizens. Spouses, unmarried children under 21, and parents of U.S. citizens are classified as “immediate relatives.” This is the fastest path in family-based immigration because there is no annual cap on immediate relative visas, meaning a visa is available as soon as the petition is approved. Processing still takes time, but there is no waiting in line behind a quota.

Family Preference Categories. All other family relationships fall into one of four preference categories, each with its own annual visa cap. Because demand exceeds supply in most of these categories, there is often a significant wait (sometimes years or even decades) between the approval of a petition and the availability of a visa. The categories are:

  • F-1: Unmarried sons and daughters (21+) of U.S. citizens
  • F-2A: Spouses and children (under 21) of lawful permanent residents
  • F-2B: Unmarried sons and daughters (21+) of lawful permanent residents
  • F-3: Married sons and daughters of U.S. citizens
  • F-4: Brothers and sisters of U.S. citizens

Wait times vary significantly by category and by the family member’s country of birth. Your attorney can give you a realistic picture of current wait times based on your specific situation.

How the Family Petition Process Works

Family-based immigration generally moves through several stages. The exact steps depend on whether your family member is already in the United States or is applying from abroad.

Step 1: File the I-130 Petition. The process begins when the U.S. citizen or lawful permanent resident files a Form I-130 (Petition for Alien Relative) with USCIS. This petition establishes the qualifying family relationship. We prepare all forms and supporting documentation and handle the filing on your behalf.

Step 2: Wait for Approval and Visa Availability. For immediate relatives, a visa becomes available as soon as the I-130 is approved. For preference categories, there may be a wait between I-130 approval and visa availability depending on the category and your family member’s country of birth. We monitor your case and keep you informed throughout this period.

Step 3: Adjustment of Status or Consular Processing. Once a visa is available, your family member applies for permanent residence either through:

  • Adjustment of Status. If the family member is already lawfully present in the United States, they may be able to apply for their green card without leaving the country through a process called adjustment of status.
  • Consular Processing. If the family member is outside the United States, they apply for an immigrant visa at a U.S. consulate or embassy in their home country and then enter the U.S. as a lawful permanent resident.

Step 4: Interview and Decision. Most family-based green card cases require an interview, either at a USCIS office (for adjustment of status) or at a U.S. consulate (for consular processing). We prepare clients thoroughly for these interviews and accompany adjustment of status clients to their USCIS appointments.

Ready to bring your family together?

Family petition cases require careful preparation from the very first filing. The earlier you start, the sooner the process moves. Call (213) 265-7348 or email Martin@MartinOharaLaw.com to schedule a consultation. Hablamos español.

Complications and Special Situations

Family-based immigration is not always straightforward. Several factors can complicate or delay a case:

Prior Immigration Violations. If a family member has overstayed a visa, entered without inspection, or has a prior removal order, additional waivers or special procedures may be required. In some cases these issues can be addressed; in others they create significant barriers. An attorney can assess the specific facts and explain what options exist.

Family Members in Removal Proceedings. If a family member is currently in immigration court, it may still be possible to pursue adjustment of status, but the process is more complex and requires coordination between the family petition and the removal proceedings. We handle cases at both stages.

Criminal History. Certain criminal convictions (both of the petitioner and the beneficiary) can affect eligibility for family-based immigration benefits. The interaction between criminal law and immigration law is complex, and even minor convictions can have major consequences. We review the full picture before any filing is made.

Priority Date Retrogression. Visa availability fluctuates month to month based on the State Department’s Visa Bulletin. In some months, priority dates that were previously current move backward, meaning people who were eligible to apply for a green card one month may have to wait again the next. We monitor the Visa Bulletin and keep clients informed of how these changes affect their case.

Frequently Asked Questions

It depends entirely on the visa category and your family member’s country of birth. Immediate relative cases for spouses of U.S. citizens can take anywhere from 12 to 24 months or more end to end. Preference category cases can take several years to well over a decade for some countries and categories. We can give you a more specific estimate based on your situation.

Yes, if you are a U.S. citizen and 21 years of age or older. Parents of U.S. citizens are classified as immediate relatives, which means there is no annual cap and no wait for visa availability once the petition is approved.

Potentially yes, but the path depends heavily on how your spouse entered the United States and whether they have any prior immigration violations. Spouses who entered without inspection and have been in the U.S. continuously may qualify for a provisional unlawful presence waiver that allows them to pursue consular processing with a reduced risk of being barred from returning. This is a fact-specific analysis that requires careful legal review.

No. Only U.S. citizens can petition for brothers and sisters. If you are a lawful permanent resident, you can petition for your spouse and unmarried children only.

A visa allows someone to travel to the United States and seek admission. A green card (lawful permanent residence) allows someone to live and work in the United States permanently. A family petition is the first step in the process of obtaining a green card for a family member.

Start the Process of Bringing Your Family Together

Family immigration cases require patience, but they also require getting the paperwork right from the very beginning. Errors or omissions at the filing stage can cause significant delays or jeopardize eligibility.

Martín O’Hara guides families through every stage of the petition process, from the initial I-130 filing through the green card interview. His office is based in Hawthorne, CA and serves clients throughout Southern California.

Call (213) 265-7348 Now