A Friendly Family Immigration Lawyer in El Paso

It depends entirely on the relationship and the beneficiary's country of birth. Immediate relatives of U.S. citizens, like spouses, parents, and unmarried children under 21, face no visa backlog and can typically complete the process in 12 to 24 months in straightforward cases, sometimes faster. Preference category cases vary dramatically. Spouses of permanent residents in the F2A category may wait two to five years. Siblings of U.S. citizens born in Mexico (the F4 category) face some of the longest backlogs in the entire immigration system, potentially spanning many years or decades. Your attorney will give you a current, honest assessment at your consultation.

Possibly, but it depends on several factors. Most importantly: how they entered the country. If your spouse entered the United States with a valid visa and overstayed (what is called "entry with inspection"), they may be eligible to adjust their status inside the U.S. without leaving. If they entered without authorization, they generally cannot adjust status inside the country and would need to pursue consular processing abroad, which may trigger bars based on unlawful presence. In many such cases, a waiver of inadmissibility is required. This is one of the most nuanced situations in family immigration law, and getting proper legal advice before taking any action is critical.

Both lead to a green card, but through different procedures. Adjustment of status is completed entirely within the United States: the beneficiary files Form I-485, attends a USCIS interview domestically, and receives their green card without leaving the country. Consular processing requires the beneficiary to apply for an immigrant visa at a U.S. embassy or consulate in their home country, enter the U.S. on that visa, and receive their green card upon entry. Which process is available to an individual depends on their eligibility, their current location, and their immigration history.

A priority date is the date your immigrant petition was filed. It marks your place in the visa queue for preference category cases. Each month, the State Department publishes the Visa Bulletin, which shows the cutoff dates for each family preference category and country. When the Visa Bulletin's cutoff date reaches or passes your priority date, your date is "current" and you can proceed to the final stages of the green card process. Your attorney monitors the Visa Bulletin on your behalf and notifies you when your date becomes current.

Yes. A U.S. citizen or permanent resident can file simultaneous I-130 petitions for multiple qualifying family members. There is no rule limiting you to one petition at a time. However, each petition is processed independently, and different family members may fall into different categories with different timelines.

The death of a petitioner does not automatically terminate an approved petition. Under certain humanitarian provisions, an approved I-130 can survive the death of the petitioner in some circumstances, particularly if the beneficiary has already been admitted to the U.S. or has a pending adjustment of status application.

Yes. Every family-based petition requires the petitioner to file an Affidavit of Support (Form I-864), demonstrating that their household income meets or exceeds 125% of the federal poverty guidelines for their household size (which includes the intending immigrant). If your income falls short, you may be able to use assets or a joint sponsor — a separate qualifying individual who agrees to share financial responsibility. We help sponsors evaluate their financial eligibility and structure the affidavit correctly.

It depends on your status and when and how your child was born. Children born abroad to U.S. citizen parents may automatically acquire citizenship at birth under certain conditions. Children who are lawful permanent residents and under 18 living with a U.S. citizen parent may automatically acquire citizenship when that parent naturalizes, under the Child Citizenship Act. These rules are nuanced and depend on specific facts. Our attorneys assess citizenship acquisition questions as part of every family immigration consultation.

A USCIS officer will interview both the petitioner and beneficiary, usually together, though sometimes separately, to verify the legitimacy of the marriage. The officer will review your application, ask questions about how you met, your daily life together, your home, your finances, and other aspects of your relationship. The interview is thorough, and inconsistent or vague answers can raise red flags. Our attorneys conduct detailed preparation sessions with every marriage-based client before their interview so that nothing is a surprise.

In many cases, yes. A family petition can be filed even if the beneficiary is currently in removal proceedings. In fact, an approved family petition and a pending or approvable adjustment of status case can sometimes be grounds for the immigration court to terminate or administratively close removal proceedings. This is a situation that requires close coordination between the family petition process and the removal defense strategy. Because our firm handles both, we are well-positioned to manage both tracks simultaneously on your behalf.