Family-Based Immigration Attorney in North Miami
Family-based immigration allows U.S. citizens and lawful permanent residents to petition for certain relatives to obtain permanent residence. Barbara Warren Loli, Board Certified in Immigration & Nationality Law by The Florida Bar, has guided families through this process for more than 40 years, from the first petition to the green card and beyond.
How the Process Works
The petition
The U.S. citizen or permanent resident files Form I-130 with USCIS to establish the family relationship.
Approval
USCIS reviews the petition and the evidence of the relationship.
Visa availability
Immediate relatives can move forward right away. Preference categories wait until the priority date is current in the Visa Bulletin.
The green card application
The relative applies through adjustment of status in the U.S., if eligible, or through consular processing abroad.
After the green card
Spouses married less than two years receive conditional residence and later file to remove the conditions (Form I-751).
What We Handle
Spousal petitions; petitions for parents, children and siblings; K-1 and K-3 visas; adjustment of status; consular processing; international adoption petitions; VAWA self-petitions; I-751 removal of conditions; and same-sex marriage petitions.
Who Can Petition
U.S. citizens may petition for a spouse, children of any age and, if 21 or older, parents and siblings. Lawful permanent residents may petition for a spouse and unmarried children.
Frequently Asked Questions
Who can a U.S. citizen petition for?
A spouse, children of any age, and, if the citizen is 21 or older, parents and brothers or sisters.
Who can a green card holder petition for?
A spouse and unmarried children.
What is an "immediate relative"?
The spouse, unmarried children under 21, and parents of a U.S. citizen who is 21 or older. Immediate relatives are not subject to annual visa limits, so they don’t wait in line for a visa number.
How long does the process take?
For immediate relatives, it depends mainly on USCIS and consular processing times. For other family categories, it also depends on visa availability, which can take years for some categories and countries. We review your expected timeline during your consultation.
Can my relative apply for the green card from inside the U.S.?
It depends on how they entered and their immigration history. Many spouses, parents and children of U.S. citizens who entered lawfully can apply from within the country. Others must complete the process at a U.S. consulate abroad, sometimes with a waiver.
What is a conditional green card?
If the marriage is less than two years old when residence is granted, the spouse receives a two-year conditional green card. The couple files Form I-751 during the 90 days before it expires to remove the conditions.
What is the difference between a K-1 visa and a marriage-based petition?
A K-1 visa lets the fiancé(e) of a U.S. citizen enter the U.S. to marry within 90 days and then apply for a green card. A marriage-based petition is for couples who are already married.
Are same-sex marriages treated the same?
Yes. A valid same-sex marriage receives the same treatment as any other marriage for immigration purposes.
What if I am being abused by my U.S. citizen or permanent resident spouse or parent?
Under VAWA, abused spouses, children and parents of U.S. citizens or permanent residents may self-petition, without the abuser’s knowledge or participation.
How do I get started?
Book a 60-minute consultation, virtual by Zoom or in person at our North Miami office.
Discuss your family’s case with a Board Certified attorney
60-minute consultations, virtual by Zoom or in person at our North Miami office. English and Spanish.
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