Family-Based Immigration
Family petitions reunite spouses, children, and parents through legally recognized relationships. The details decide these cases.
Speak with the AttorneyWhat it is
Family-based immigration uses recognized family relationships — spouse, children, parents — as the basis to seek lawful status for a relative.
What the process can look like
Assessing eligibility for the specific relationship; documenting the qualifying family tie; preparing and filing the petition; and carrying the case through to decision.
How Montoya Law Group approaches it
Close attention to the documentation and timing that family cases turn on, with clear communication at each step.
Immediate relatives and preference categories
Spouses, unmarried children under 21, and parents of U.S. citizens are immediate relatives — a visa is always available to them once the petition is approved. Other relationships fall into preference categories, where waiting times are set by the monthly Visa Bulletin and can run from years to decades. Knowing which category a family fits, and what the realistic timeline looks like, is the first honest conversation.
Two paths to the green card
An approved petition leads to permanent residence through one of two routes: adjustment of status inside the United States, or consular processing at a U.S. embassy abroad. The right path depends on how the person entered, their current status, and whether any ground of inadmissibility requires a waiver first. The petitioner also signs a legally enforceable affidavit of support.
Documenting the relationship
These cases are decided on documents: proof the relationship is genuine, that prior marriages ended legally, and that the financial requirements are met. Where an interview is required, preparation means knowing your own file completely.
When a family case stops being routine
Family cases become complex when the record includes prior immigration violations, earlier petitions, criminal history, or a child at risk of aging out of a category. Protections exist for some of these situations — the Child Status Protection Act, for example, can preserve a child's classification in defined circumstances — but they are technical and unforgiving of missed deadlines. The time to identify these issues is before filing, not after a denial.
Where a consultation begins
A consultation maps the family relationships, the entry and immigration history of each person involved, and the category and path that fit — with the realistic timeline stated plainly.
Request a ConsultationThis page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case depends on its own facts, and prior results do not guarantee a similar outcome. Consult a qualified immigration attorney about your situation. This website is attorney advertising.