Immigration Law Since 2005 · Interest-free payment plans for most cases · Se habla español
Tell us about your family’s case
Leave a phone number or an email address — whichever you prefer.
Which part applies to you?
Each one opens the answer further down this page. If you are not sure which fits, call and we will point you to the right one.
Other areas: Citizenship & naturalization · Deportation defense · U visas · VAWA
Family Immigration Lawyers for Green Cards and Family Visas
Whether your relative is already in the United States or still abroad — marriage green cards, adjustment of status, consular processing, fiancé(e) visas and waivers.
U.S. immigration law recognizes the importance of keeping families together. Family-based immigration is one of the most common pathways toward permanent residence and citizenship. It’s important to get a professional assessment of your options when considering family-based immigration to the United States.
At Ramos Immigration Law in Longmont, Colorado, we can walk you through what to expect. Our immigration attorneys Francesca Ramos and Tyler Louth have years of immigration law experience. We handle all facets of family-based immigration and fiancé(e) visas. Just as we have helped numerous families successfully navigate the complex immigration process, we can help you, too.
An Overview Of The Process
Petitioning for a family member can be an extremely complicated and time-consuming process. Much depends on your unique circumstances, including:
- Your relationship with the family member
- Your immigration status (whether you are a U.S. citizen or permanent resident)
- Your family member’s country of origin
- Whether your family member is inside the U.S. or abroad
- Whether your family member is undocumented
Certain family members who are already in the United States may be eligible for adjustment of status, a generally easier and faster process that does not require leaving the country. Undocumented family members and those outside the U.S., however, may have to pursue consular processing in their home country. Unless one of several exception applies, our firm can determine which path is available to you.
How Long Will It Take?
Immigration law limits the number of family-based visas that can be awarded to prospective immigrants each year. Immediate relatives (spouses, unmarried children under age 21 and parents) of U.S. citizens are not subject to this limit, and they can avoid lengthy wait times for a visa number.
For all other family members, however, the law establishes preference categories based on your family relationship and your status as a citizen or permanent resident. Your relative’s country of origin also plays a key role. The sooner you file a proper petition, the sooner you will essentially reserve a spot “in line.”
Complicating Factors
As a prospective immigrant, your family member must individually qualify to become a green card holder. Certain factors – such as criminal activity, previous immigration violations and unlawful (undocumented) presence in the U.S. – can complicate or even derail your loved one’s ability to pursue a green card.
It’s important to identify potential problems before you embark on the expensive immigration process. We can alert you to any issues and guide you through possible ways to overcome obstacles – for example, by pursuing waivers.
Get Professional Guidance
As you can see, family-based immigration is a complex endeavor that involves many moving parts. The sooner you seek qualified legal guidance, the better.
Turn to the experienced immigration lawyers at Ramos Immigration Law. You can call us directly at 303-417-6370 or contact us online to get started.
Common questions: Can I petition for a family member? · How long will my case take? · See all frequently asked questions
Why families choose this firm
- Your consultation is with an attorney — Francesca Ramos or Tyler Louth — never a salesperson. A licensed attorney signs off on your case.
- Two Colorado attorneys and a real office you can walk into at 450 Main St in Longmont. Not a call center.
- Immigration Law Since 2005. Francesca Ramos has been an Attorney Since 1999.
- Interest-free payment plans for most cases.
- From home or face to face. Handle the whole case remotely, or sit down with your attorney in Longmont.
- Se habla español, from the first call to the end of your case.
Common questions about family green cards
Can I petition for a family member?
In many cases, yes. United States citizens and lawful permanent residents can file a petition, usually Form I-130, for certain qualifying relatives.
Which relatives qualify, and how long the process takes, depends on your status and the relationship. Spouses, parents, and unmarried minor children of United States citizens are treated as immediate relatives and do not wait for a visa to become available. Other categories, including relatives of permanent residents and adult or married children, fall into preference categories with waiting lines that can be long.
A petition establishes the relationship. It is not by itself permission to live or work here, and the second half of the process, whether that is adjustment of status or consular processing, has its own requirements.
I am married to a U.S. citizen. How do I get a green card?
It depends primarily on how you entered the United States and whether you are here now.
If you entered lawfully and are in the United States, you may be able to apply for adjustment of status without leaving. If you entered without inspection, or if you are outside the country, the path usually runs through a consulate abroad and may require a waiver first.
One thing that surprises many couples: if your marriage is less than two years old when residence is approved, you receive conditional residence, and you must file to remove those conditions before it expires. Missing that filing can put your status at risk.
Marriage-based cases also involve an interview about the relationship. Preparation for it matters.
What is adjustment of status?
Adjustment of status is the process of becoming a lawful permanent resident, a green card holder, without leaving the United States.
Not everyone qualifies. Eligibility generally depends on how you entered the country, whether an immigrant visa is available to you, your family relationship, and your immigration and criminal history.
Whether adjustment is available to you, or whether another path fits your situation better, is exactly the kind of question a consultation is meant to answer.
What is consular processing?
Consular processing is applying for an immigrant visa at a United States consulate or embassy abroad, rather than adjusting status inside the country.
It is the path for people who are outside the United States, and sometimes the required path for people who are here but not eligible to adjust.
It carries real risk that needs to be understood before anyone leaves. Departing the United States can trigger bars on returning, depending on how long you were here without status. This is one of the most common and most costly mistakes we see. Do not leave the country to attend an interview without knowing whether you can come back.
What is a fiance visa?
A fiance visa, often called a K-1, allows a United States citizen to bring a fiance to the United States in order to marry.
You must marry within 90 days of your fiance's entry, and then file for adjustment of status. The 90-day deadline is firm.
Whether a fiance visa or a marriage-based petition is the better route depends on where you both are, how long you are willing to wait, and your individual circumstances. We can walk through both.
What is a waiver, and would I need one?
Certain things in a person's history make them inadmissible, meaning the government will not grant the immigration benefit unless the problem is waived. Common examples include time spent in the United States without status, some criminal convictions, and prior misrepresentation.
A waiver asks the government to forgive that ground. Many waivers require showing that a qualifying United States citizen or permanent resident relative would suffer extreme hardship if you were not allowed to stay or return. That is a demanding standard, and these cases are built on evidence rather than assertion.
Whether you need a waiver, and which one, is a question to answer before filing anything else, because it shapes the entire strategy.
How long will my case take?
Honestly, it depends, and any lawyer who gives you a firm date without knowing your case is guessing.
Timing depends on the type of case, which government agency handles it, which office or court is assigned, and factors entirely outside anyone's control. Government processing times shift, sometimes significantly, and immigration court calendars can extend years out.
What we can do is tell you what the current timelines look like for a case like yours, and keep you informed as your case moves.
What is a notario, and why does it matter?
In many Latin American countries, a notario publico is a trained attorney with significant legal authority. In the United States, a notary public is not a lawyer and cannot give legal advice.
This difference has cost families a great deal. People who are not licensed attorneys sometimes charge substantial fees to prepare immigration paperwork, file the wrong applications, or file applications that expose a person to removal. When something goes wrong, they cannot appear in immigration court and often cannot be found.
Only a licensed attorney or a representative accredited by the Department of Justice may give you legal advice about your immigration case. You are entitled to ask anyone offering to help you whether they are a licensed attorney, and to verify it.