If you are a United States Citizen or Legal Permanent Resident or the spouse, parent or child of one there may options to obtain lawful status in the United States for your family members or yourself. This process generally involves the filing of a family petition and then depending on the circumstances an application for adjustment of status or consular process. Under certain circumstances a waiver may be required. For United States Citizens considering marriage to their significant other a fiancé petition may also be an option.

If you or your family member are considering a family petition it is important obtain legal counsel. The options for obtaining lawful status through a family petition may vary based on individual circumstances and it is important to be aware of one’s options before beginning the process.

If you are considering a family petition, contact Dominguez Law Firm, PLLC today for a consultation in order to discuss your options and how we can help.

Key Issues We Address in Family-Based Immigration Cases

Petitioning for a family member involves more than just forms and deadlines. It’s a process that carries deep personal meaning—whether bringing a spouse to the U.S., adjusting the status for a child, or reuniting with a parent after years apart. Many individuals have questions about eligibility, timing, and what steps to take first. Legal guidance can offer clarity through each stage.

Immigration benefits tied to family relationships are not all treated the same. Immediate relatives—spouses, children under 21, and parents of U.S. citizens—are not subject to annual limits. However, petitions for siblings, adult children, or relatives of lawful permanent residents fall into preference categories with yearly caps. These distinctions affect processing time, documentation, and the path to lawful status. It’s also essential to account for visa bulletin movement, priority dates, and how country of origin impacts wait times, especially in backlogged preference categories where demand exceeds available visas.

Important Considerations When Starting the Process

Every case begins with the relationship between the petitioner and the intending immigrant. That relationship determines the category of the petition and the steps that follow. Some clients file from inside the U.S. and seek adjustment of status; others need to apply through a U.S. consulate abroad. Each route has different requirements, and it’s essential to begin with a complete understanding of what applies to your case.

We assist with identifying the best available option, including using waivers when necessary. Consular processing may involve added risks such as reentry bars for those who entered the country without inspection or overstayed a visa. In those cases, a hardship waiver may be required. Timing is also critical, especially when visa categories are limited or backlogged. We prepare these submissions carefully to meet the specific standards that USCIS and the Department of State require.

When Waivers Become Necessary

Not everyone is immediately eligible to adjust their status. Certain immigration violations, prior deportation orders, or misrepresentations can block approval unless a waiver is granted. These waivers—such as Form I-601 or I-601A—must show that the application denial would cause extreme hardship to a qualifying U.S. citizen or lawful permanent resident family member.

Our firm has experience preparing waiver applications with clear, well-documented evidence, including medical reports, financial records, and affidavits. We understand how immigration officers evaluate these requests and how to frame hardship in a way that meets legal standards. A family-based immigration lawyer at our firm can assess whether a waiver is necessary and guide you through preparing a strong application.

Marriage-Based Petitions and Conditional Residency

Marriage to a U.S. citizen remains one of the most common bases for a family-based petition. However, these petitions often come under close review. USCIS may schedule interviews to verify that the marriage is genuine. For newly married couples, the grant of permanent residency is conditional for the first two years.

Both spouses must file a joint petition to remove conditions and provide continued proof of the marriage. A waiver may be available if the marriage has ended or the U.S. citizen spouse refuses to cooperate. We assist with joint filings and waivers, helping clients maintain their status and comply with immigration law. A family-based immigration lawyer in Coral Gables, Florida, can support you throughout this process, from the initial petition through the I-751 filing.

Issues That Affect Children of Petitioners

Timing is crucial for children involved in a family-based petition. Delays can often affect whether a child qualifies as a minor under immigration law. The Child Status Protection Act (CSPA) may allow a child to keep that status even after turning 21, but only if certain conditions are met.

Understanding how CSPA works requires careful analysis. It may involve calculating the child’s age when a visa becomes available and subtracting processing delays. We work with families to preserve eligibility for minors who may otherwise lose their status because of backlogs. Strategic filing, clear communication, and anticipating category changes can help prevent children from aging out.

Common Pitfalls That Delay or Derail Petitions

Even well-intentioned families can run into delays or denials when minor missteps occur during the petitioning process. Some of the most frequent and preventable issues include:

  • Using outdated or incorrect forms – USCIS regularly revises application forms, and submitting an older version can result in automatic rejection. It’s essential to verify form editions before filing. 
  • Submitting incomplete or inconsistent documentation – Applications lacking proper civil records, certified translations, or proof of the claimed relationship often trigger Requests for Evidence or denials. 
  • Overlooking prior immigration history – Unlawful entries, visa overstays, or prior removal orders can carry long-term consequences. These issues may require waivers or legal strategies that must be addressed early. 
  • Missing deadlines or USCIS appointments—Failure to attend biometrics, respond to notices, or file on time may cause a case to be closed or denied without review. 
  • Receiving advice from unqualified individuals—Many families rely on document preparers or notaries who are not authorized to provide legal guidance. This often leads to preventable errors or misfiled forms. 
  • Misjudging eligibility or visa availability—Some petitions are filed without confirming the correct category or reviewing the Visa Bulletin, which can result in several-year delays.

These problems can significantly affect processing timelines and, in some cases, lead to family separation. Early case review and professional oversight help ensure filings are timely, accurate, and in line with current immigration policies.

The Role of Affidavits of Support and Sponsor Obligations

Every family-based petition requires financial sponsorship, and the legal responsibility goes beyond a signature. Sponsors must show that their income meets or exceeds 125% of the federal poverty guideline based on household size. A joint sponsor may be added when the sponsor does not meet this threshold, but both individuals carry equal financial obligations.

This commitment remains enforceable until the sponsored individual becomes a U.S. citizen, works 40 quarters under Social Security, or leaves the country permanently. Many sponsors are unaware of this long-term obligation. We explain these requirements clearly and help clients understand what documents will satisfy the financial evidence USCIS needs. In addition to financial documents, sponsors must submit supporting identification and employment proof, matching the information provided in the petition to avoid delays or requests for additional evidence.

What to Expect During USCIS and Consular Interviews

Whether you are applying from inside the United States or abroad, an interview will be a key part of the process. USCIS will schedule an in-person interview to verify the relationship and assess admissibility for adjustment-of-status applicants. These interviews often focus on shared life details—particularly in marriage-based petitions—to confirm that the relationship is genuine and ongoing.

For applicants completing the process at a U.S. consulate abroad, the stakes can be higher. Consular officers have broad discretion, and even minor errors on paperwork or inconsistencies in testimony can lead to delays or refusals. Applicants should be fully prepared with documentation and an understanding of the types of questions that may be asked.

Our firm regularly prepares clients for these interviews, providing mock sessions, reviewing documentation for accuracy, and flagging any concerns that should be addressed in advance. Support from a family-based immigration lawyer ensures that clients do not walk into an interview unprepared or uncertain about the process.

Frequently Asked Questions

  1. What is the difference between adjustment of status and consular processing?
    Status adjustment is done within the U.S., while consular processing happens at a U.S. embassy or consulate abroad. Each option has its own requirements. 

  2. Do I need to submit financial documents for a family-based petition?
    Yes. A sponsor must submit an Affidavit of Support to show they can support the applicant at a level above the poverty guideline. 

  3. Can I file a petition if my relative is undocumented?
    Possibly. Some relatives may still qualify, depending on their entry, current status, and relationship to the petitioner. 

  4. How long will it take to bring my family member to the U.S.?
    Processing times depend on the relationship, country of origin, and visa availability. Immediate relatives of U.S. citizens often wait less time. 

  5. What happens if my spouse and I are separated when it’s time to remove conditions?
    You may still be able to file a waiver to remove conditions based on divorce, abuse, or hardship. We can assist with building a waiver request. 

  6. What if my family-based petition is denied?
    Depending on the reason for the denial, an appeal or refile may be an option. We evaluate each case to determine the next steps.

We Proudly Serve Families Across South Florida

Dominguez Law Firm, PLLC, is based in Coral Gables and proudly works with clients across the region, including:

  • Miami
  • South Miami
  • Coconut Grove
  • Pinecrest
  • West Miami
  • Coral Terrace
  • Kendall
  • Doral
  • Westchester
  • Sweetwater
  • Hialeah

Frequently Asked Questions

Who may I petition for as a United States Citizen or Legal Permanent Resident?

United States Citizens may generally petition for their spouse, parent, child, or sibling. Legal Permanent Residents may generally petition for their spouse, minor child under 21, and unmarried adult child over 21. A US Citizen or Legal Permanent resident may also petition for a step-child/parent or adopted child/parent under certain circumstances.

How long will the process take?

The time the family-based process will take varies widely and depends on various factors. For example, if a waiver is required the case will take longer. Petitions filed by Legal Permanent Residents will also take longer as well as petitions filed for adult children versus those filed for minor children.

Will I be interviewed?

Generally there will be an interview for someone to obtain Legal Permanent Resident Status- either at the consulate abroad or at a USCIS office in the United States. It is important to be prepared for the interview and ensure you have the proper documentation. An experienced Immigration Attorney will be able to assist with this.

Start Your Journey With Us

If you or a loved one needs assistance with an Immigration matter contact us today or schedule a consultation online to determine how we can help you.

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