Reuniting Families, One Case at a Time
Families belong together. If your loved one is outside the United States — or here without permanent status — a family-based petition may be the first step to securing their future and keeping your family united.
At Diaz and Gaeta Law, our immigration team guides families through every step of the petition process with care, clarity, and respect.
What Is a Family-Based Petition?
A family petition (Form I-130 and related applications) is how a U.S. citizen or lawful permanent resident (green card holder) asks the U.S. government to recognize a qualifying family relationship and start the process for their relative to obtain a green card (permanent residency) or take the next step toward immigrating legally to the United States.
This process can be done whether your loved one is currently inside the U.S. (adjustment of status) or outside the U.S. and will complete the process through a U.S. consulate (consular processing).
Who Can Petition for Whom?
U.S. Citizens can typically petition for:
- Spouse.
- Unmarried children under 21.
- Unmarried sons and daughters over 21.
- Married sons and daughters of any age.
- Parents (if the U.S. citizen is 21 or older).
- Sometimes, certain stepchildren and stepparents, if the relationship meets legal requirements.
Lawful Permanent Residents (Green Card Holders) can typically petition for:
- Spouse
- Unmarried children (under and over 21)
Each category has its own rules, waiting times, and visa availability. Our attorneys can review your family tree and explain which options may work best for your situation.
Common Family Petition Scenarios We Handle
- U.S. citizen petitioning a spouse who entered with or without a visa
- Green card holder petitioning a spouse or child abroad
- U.S. citizen petitioning parents living outside the U.S.
- Complex cases involving prior deportations, unlawful presence, or criminal history
- Cases requiring waivers or additional evidence to prove a real marriage or relationship
- Transition from fiancé visa (K-1) to marriage-based green card
How the Process Works (Overview)
While every case is different, most family petition cases involve steps like:
1. Consultation & Strategy
We listen to your story, review your immigration history, and identify risks, options, and timelines.
2. Filing the Family Petition (Form I-130)
We prepare and submit a detailed packet to prove your qualifying relationship, including evidence of a bona fide marriage or genuine parent/child relationship, when required.
3. Next Step: Green Card or Consular Process
Depending on where your loved one is and their immigration history, we guide you through adjustment of status inside the U.S., or consular processing at a U.S. embassy or consulate abroad.
4. Interview Preparation & Follow-Up
We prepare you and your family member for the interview, explain what to expect, and respond to any requests for additional evidence from USCIS or the consulate.
Why Work with an Immigration Attorney for a Family Petition?
Family petitions look “simple” on paper, but small mistakes can cause big problems:
- Delays of months or even years.
- Denials due to missing evidence.
- Triggering bars to reentry or other serious consequences in complex cases. Our immigration team helps you:
- Understand which option is safest for your family.
- Avoid common errors and missing documents.
- Prepare strong evidence of your relationship.
- Navigate possible waivers and complications- Stay informed at each stage of the process.
You focus on your family. We focus on the legal details.
What to Bring to Your Consultation
To make the most of your first meeting, bring:
- Green card, naturalization certificate, or U.S. passport (for the petitioner).
- Any visas, I-94 records, or prior immigration documents for your family member
- Marriage certificate, birth certificates, divorce decrees (if any).
- Any prior immigration applications, denials, or court papers- Criminal records or court dispositions, if applicable.
If you don’t have everything yet, don’t worry — we’ll help you figure out what’s missing and how to obtain it.
Ready to Start Your Family Petition?
If you’re thinking about petitioning for a spouse, child, parent, or other qualifying family member, don’t wait to get answers.
Contact Diaz & Gaeta Law today 678-503-2780 to schedule a confidential consultation with our immigration team.
Your family’s future in the United States matters. Let our team help you take the next step — together.
