Family Immigration Attorney

Family-based immigration is the way a U.S. citizen or lawful permanent resident sponsors a spouse, child, parent or sibling for a green card. Capitol Law Partners prepares Form I-130 petitions, marriage-based and fiancé visa cases, adjustment of status applications, consular processing through the National Visa Center, and I-601 and I-601A waivers. We handle the case from the first eligibility review through approval and, for conditional residents, the I-751 stage.

Our family immigration services

Marriage-based green cards: I-130 and I-485 or consular cases for spouses of U.S. citizens and permanent residents, including the bona fide marriage evidence and the I-751 stage.
Green cards for parents and children: petitions by adult citizens for their parents, and by citizens and permanent residents for their children, with Child Status Protection Act planning.
K-1 fiancé visas: Form I-129F petitions that bring a fiancé to the United States to marry within 90 days and then adjust status.
Green cards for children: immediate relative and preference cases for children, stepchildren and adopted children, with age-out protection under the Child Status Protection Act.
Sibling green cards: F4 petitions by U.S. citizens for brothers and sisters, with their spouses and children.
Family reunification: consular processing, following to join, I-730 petitions and parole for relatives abroad.

What a family immigration attorney does for you

Most family petitions stall for avoidable reasons: the wrong filing route, an affidavit of support that misses the income test, or a prior entry or overstay nobody flagged. Our role is to:

Confirm your category and whether a visa number is available now or only after a wait under the Visa Bulletin.
Review the beneficiary's complete immigration history before anything is filed.
Choose between adjustment of status in the United States and consular processing abroad, and sequence the filings accordingly.
Prepare Form I-130 and I-130A, the I-485 or DS-260 package, and the Form I-864 affidavit of support.
Identify inadmissibility issues early, prepare any I-601 or I-601A waiver, and represent you at the interview and on any Request for Evidence.

Who qualifies: immediate relatives and preference categories

The petitioner must be a U.S. citizen or lawful permanent resident. The beneficiary's category determines how long the case takes.

Immediate relatives of U.S. citizens

Spouses of U.S. citizens, unmarried children under 21 of U.S. citizens, and parents of U.S. citizens who are at least 21 are immediate relatives. There is no annual limit and no waiting list. Immediate relatives in the United States after a lawful admission can usually file the I-130 and I-485 together, and an overstay or unauthorized work does not bar adjustment for this group.

Family preference categories

Every other relationship falls into a numerically limited preference category: unmarried adult sons and daughters of U.S. citizens (F1), spouses and unmarried children under 21 of permanent residents (F2A), unmarried adult sons and daughters of permanent residents (F2B), married sons and daughters of U.S. citizens (F3), and siblings of adult U.S. citizens (F4). The I-130 filing date becomes your priority date, and the case moves forward only when that date is current under the Visa Bulletin. Permanent residents cannot petition for parents, married children or siblings. The Child Status Protection Act may protect a child who turns 21 while waiting.

Adjustment of status or consular processing

If the beneficiary is in the United States and eligible, we file Form I-485 with Form I-765 for a work permit and Form I-131 for advance parole. Eligibility turns on how the beneficiary entered: someone who entered without inspection generally cannot adjust unless an older petition grandfathers them under section 245(i), and a marriage entered during removal proceedings must be proven genuine by clear and convincing evidence.

If the beneficiary is abroad or cannot adjust, the approved I-130 moves to the National Visa Center, which collects the DS-260, civil documents and affidavit of support and schedules the interview at the U.S. embassy or consulate. The beneficiary then enters on an immigrant visa.

The Form I-864 affidavit of support

Nearly every family case requires the petitioner to sign Form I-864 and show income of at least 125 percent of the Federal Poverty Guidelines for a household size that includes the intending immigrant. Active-duty military sponsors petitioning for a spouse or child need 100 percent. Where income falls short, assets, a household member on Form I-864A or a joint sponsor on a separate I-864 can close the gap. The affidavit is an enforceable contract, so we explain its obligations before anyone signs.

Marriage-based green cards and the I-751 stage

USCIS must be satisfied that the marriage is real and was not entered to obtain a benefit. Joint leases, bank accounts, insurance, tax returns, photographs over time and affidavits from people who know you as a couple all matter. If the marriage is less than two years old when residence is granted, the spouse receives conditional residence and must file Form I-751 jointly in the 90 days before the card expires. If the marriage has ended or involved abuse, we file the I-751 with a request to waive the joint filing requirement. Missing the window can terminate status and lead to a Notice to Appear.

K-1 fiancé visas

A U.S. citizen may bring a fiancé to the United States on a K-1 visa by filing Form I-129F. The couple must generally have met in person within the two years before filing and must marry within 90 days of entry. The K-1 holder then adjusts status through Form I-485 on the basis of that marriage, with no separate I-130. Children of the fiancé can accompany on K-2 visas.

I-601 and I-601A waivers

A prior overstay, an entry without inspection, a misrepresentation or certain convictions can make a relative inadmissible. Form I-601 asks USCIS to waive a ground of inadmissibility, usually by proving extreme hardship to a U.S. citizen or permanent resident spouse or parent. Form I-601A is the provisional waiver for unlawful presence alone, decided while the applicant is still in the United States, so the family knows the result before the applicant departs for the consular interview and faces the three-year or ten-year bar. Hardship evidence covering medical, financial, emotional, educational and country-conditions factors is where these cases are won or lost.

Process and timeline

Eligibility review. We confirm the category, the petitioner's status, the beneficiary's entry history and any inadmissibility issue.
I-130 preparation and filing. We assemble proof of status and of the relationship, including the bona fides of a marriage. Immediate relatives in the United States usually file the I-485 concurrently; preference cases wait for a current priority date.
Biometrics, medical exam and NVC stage. USCIS schedules fingerprints and a civil surgeon completes Form I-693. In consular cases the NVC reviews the DS-260, civil documents and I-864 before the consulate schedules the interview.
Interview and decision. We prepare you, attend USCIS interviews with you and answer any RFE.
After approval. We calendar the I-751 window for conditional residents and your naturalization eligibility date.

Processing times are published by USCIS and the National Visa Center.

Common problems we help you avoid

An RFE for bona fide marriage evidence because the file shows a wedding but not a shared life.
An I-864 that uses the wrong tax year, omits household members or relies on undocumented income.
A separated interview in which each spouse is questioned alone because the record raised doubts.
A marriage fraud finding, which permanently bars approval of any later family petition for that beneficiary.
Travel without advance parole while the I-485 is pending, which abandons the application, or departure for a consular interview before the I-601A is approved.

Your family immigration attorney

Cagatay Ersoy, founder and managing partner of Capitol Law Partners, is a graduate of Columbia Law School and handles family-based petitions, including marriage-based green cards and fiancé visas, alongside employment-based immigration, business and trademark matters. Our attorneys and staff work in English, Turkish, Spanish, Portuguese and French. We represent families from our offices in Washington, DC, Herndon, Virginia, New York and Minneapolis. If a relative is already in proceedings, our removal defense team can pursue adjustment of status before the immigration judge, and we also handle asylum and mandamus cases.

Learn more about family-based immigration

Start your family petition

Tell us who you want to sponsor and how they entered the United States, and we will map the route and timeline. Schedule a consultation or call +1 (202) 440-2272.

Frequently Asked Questions

What is the difference between an immediate relative and a preference category?

Immediate relatives are spouses, unmarried children under 21 and parents of U.S. citizens. They are not subject to annual limits, so the case moves as fast as the agencies process it. Everyone else, including spouses and children of permanent residents and siblings of citizens, falls into a preference category with a limited number of visas each year and must wait for a current priority date under the Visa Bulletin.

Can I file the I-130 and I-485 at the same time?

Yes, if the beneficiary is an immediate relative who is in the United States after a lawful admission. Concurrent filing lets the beneficiary apply for a work permit and advance parole while the case is pending. Preference category beneficiaries can file the I-485 only when their priority date is current, and they generally must have maintained lawful status.

How much income do I need for the I-864 affidavit of support?

The sponsor's household income must reach 125 percent of the Federal Poverty Guidelines for the household size, which includes the sponsor, dependents and the intending immigrant. Active-duty military sponsors petitioning for a spouse or child need 100 percent. If your income is too low, you can count certain assets, add a household member's income on Form I-864A, or bring in a joint sponsor who files a separate I-864.

What happens at the marriage-based green card interview?

A USCIS officer reviews your application, confirms your identity and eligibility, and asks questions about how you met, your wedding, your home and your daily life together. You bring originals and updated evidence of the shared life. If the officer has doubts, the couple may be interviewed separately. We prepare you in advance and attend the interview with you.

What is Form I-751 and when do I file it?

If your marriage was less than two years old when you became a resident, your green card is conditional and valid for two years. Form I-751 asks USCIS to remove the conditions. You and your spouse file it jointly in the 90 days before the card expires, with updated evidence of the marriage. If the marriage has ended or involved abuse, you can file alone and request a waiver of the joint filing requirement.

Should we use a K-1 fiancé visa or marry first and file an I-130?

It depends on where you want to wait and whether you can marry abroad. The K-1 brings your fiancé to the United States to marry within 90 days, after which they adjust status here. A spousal immigrant visa requires the marriage first and consular processing abroad, but the spouse arrives as a permanent resident with no second application. We compare both paths for your timeline and travel needs.

What is the difference between the I-601 and I-601A waivers?

Form I-601 can waive several grounds of inadmissibility, including misrepresentation and certain crimes, and is usually filed after a consular officer or USCIS finds you inadmissible. Form I-601A waives only unlawful presence and is filed from inside the United States before you depart for your immigrant visa interview, so you know the outcome before leaving. Both require extreme hardship to a qualifying U.S. citizen or permanent resident relative.

Can I sponsor my spouse if they entered the United States without a visa?

Often, yes, but the route is different. A spouse who entered without inspection usually cannot adjust status inside the United States unless an older petition protects them under section 245(i). Instead, the I-130 is approved, an I-601A provisional waiver is filed for the unlawful presence, and the spouse completes the case at a consulate abroad. We review the full entry history before recommending this path.

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Family-Based Immigration Attorney: Marriage Green Cards, I-130 Petitions and Waivers