Family-Based Immigration Lawyer in Miami

Family-based immigration lets U.S. citizens and lawful permanent residents petition for certain relatives to live and work in the United States. The most common petitions are for spouses, parents, children, and siblings. Godoy Law P.A. handles I-130 petitions, adjustment of status, K-1 fiancé visas, and consular processing for South Florida families.

Who You Can Petition For

Eligibility depends on your immigration status and your relationship to the relative you are petitioning for. The system divides relatives into two categories: immediate relatives (no annual cap) and family preference (annual caps with wait times).

Immediate Relatives (Faster Path)

U.S. citizens can petition for these family members with no annual numerical limit:

Spouse (IR-1 or CR-1)
Unmarried children under 21 (IR-2)
Parents, if the petitioner is at least 21 years old (IR-5)

Immediate relative cases typically move faster because there is no visa wait. Processing times depend on USCIS workload and whether the relative is inside or outside the U.S.

Family Preference Categories (Wait Times Apply)

These categories have annual caps. The Visa Bulletin tracks priority dates:

F1: Unmarried adult children (21+) of U.S. citizens
F2A: Spouses and unmarried children under 21 of lawful permanent residents
F2B: Unmarried adult children of lawful permanent residents
F3: Married children of U.S. citizens (any age)
F4: Siblings of U.S. citizens

Wait times in family preference categories range from a few years to over a decade depending on category and country of birth. Filing early matters – the priority date locks in the relative’s place in line.

The Two Paths: Adjustment vs Consular Processing

If your relative is already inside the U.S. and entered lawfully, they may be able to file for a green card without leaving (adjustment of status, Form I-485). If they are outside the U.S., they go through the U.S. consulate in their country (consular processing). Each path has different timelines, documents, and risks.

Adjustment of Status (Inside U.S.)

Filed with USCIS, typically alongside the I-130 petition for immediate relatives
Allows the applicant to stay in the U.S. while the case is pending
Eligible for work permit (EAD) and travel permit (advance parole) during processing
Requires lawful entry in most cases; some exceptions apply through 245(i)

Consular Processing (Outside U.S.)

Petition approved by USCIS, then forwarded to the National Visa Center, then to the consulate
Applicant attends an immigrant visa interview at the U.S. consulate
Enters the U.S. with an immigrant visa and becomes a green card holder on arrival
May require waivers (I-601 or I-601A) if there are inadmissibility issues

K-1 Fiancé Visa

If you are a U.S. citizen engaged to someone outside the U.S., the K-1 fiancé visa lets your fiancé enter the U.S. to marry you within 90 days. After marriage, the K-1 holder can adjust status to lawful permanent resident.

K-1 cases require proof of a bona fide relationship, in-person meetings within the past two years (with limited exceptions), and intent to marry. We prepare K-1 petitions and the adjustment of status that follows, including the I-485, I-765 work permit, and I-131 travel permit.

Marriage-Based Green Cards

Marriage cases are the most scrutinized family petitions because of fraud concerns. USCIS expects to see substantial proof that the marriage is real, including joint financial records, shared housing, photos over time, and statements from people who know the couple. We help clients build that record before filing rather than scrambling to produce it at the interview.

If you have been married less than two years when you receive your green card, you get a two-year conditional green card. You must file Form I-751 to remove the conditions within the 90 days before it expires. We handle both the initial green card and the I-751.

Common Issues We Handle

Unlawful Presence and the Three- and Ten-Year Bars

Relatives who have been in the U.S. unlawfully for more than 180 days face a three-year bar to reentry. More than one year of unlawful presence triggers a ten-year bar. The I-601A provisional unlawful presence waiver can clear this in many marriage and immediate relative cases. We handle the full I-601A package, including the extreme hardship analysis.

Criminal History

Criminal records can block family-based green cards. Some convictions are waivable, others are not. We review every disposition and arrest report before filing to know what we are walking into. In some cases the better strategy is to vacate or modify the underlying criminal disposition before the immigration case is filed.

Prior Removal Orders

A prior removal order does not always end a family case, but it changes the procedure. Reopening the removal case, filing a motion to terminate, or pursuing a stand-alone waiver may be necessary before the family petition can move forward.

Typical Timeline

Family case timelines vary heavily by category, USCIS workload, and country of birth. As of 2025, common ranges are:

Immediate relative adjustment of status (spouse of U.S. citizen inside the U.S.): 12 to 18 months
Immediate relative consular processing (spouse outside the U.S.): 12 to 24 months
F2A (spouse of LPR): often current; otherwise 1-3 years
F4 (sibling of U.S. citizen): 12+ years for most countries; longer for Mexico, India, and the Philippines

Fees

Family-based immigration carries two types of fees: government filing fees paid to USCIS and attorney fees paid to the firm. We quote flat attorney fees for most family case types in writing before you sign. Government fees are itemized separately. A typical adjustment of status case for a spouse of a U.S. citizen runs:

Attorney fees: [INSERT firm’s range]
USCIS filing fees: confirm at uscis.gov – fees changed in 2024
Medical exam: $200 to $500 depending on the civil surgeon

Meet Our Attorney

Hilmarys Godoy-Villard, Esq.

Hilmarys Godoy-Villard, Esq. is the founding attorney of Godoy Law P.A. in Miami, Florida. She represents clients in family-based immigration, citizenship, deportation defense, asylum, and Temporary Protected Status cases. She is admitted to the Florida Bar and practices in English, Spanish, and Haitian Creole.

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FAQ

Frequently Asked Questions

How long does it take to get a green card through marriage?

For a spouse of a U.S. citizen filing for adjustment of status inside the U.S., the typical timeline is 12 to 18 months from filing to green card interview. For a spouse outside the U.S. going through consular processing, expect 12 to 24 months. These ranges depend on USCIS field office workload and whether the case is selected for additional review.

Can I petition for my parents if I am a green card holder?

No. Only U.S. citizens (who are 21 or older) can petition for parents. Lawful permanent residents cannot petition for parents. If you are an LPR planning to petition for a parent, naturalization should be part of the long-term strategy.

My spouse is undocumented. Can I still file for them?

Often, yes, but the analysis is fact-specific. If your spouse entered the U.S. lawfully and overstayed, adjustment of status inside the U.S. is usually available. If your spouse entered without inspection, you typically need consular processing plus an I-601A provisional unlawful presence waiver. Either way, do not file the I-130 without understanding the full path - filing first and figuring it out later is how people get put into removal proceedings.

What if my K-1 fiancé and I do not marry within 90 days?

The K-1 visa is single-purpose: enter the U.S. and marry the petitioner within 90 days. If you do not marry within 90 days, the K-1 holder is required to depart. Failure to depart creates unlawful presence and complicates any future immigration filing. Schedule a consultation immediately if your 90 days is closing without a wedding date.

Can my children come with my spouse if I am a U.S. citizen petitioning?

Stepchildren of U.S. citizens can be petitioned as immediate relatives if the marriage between the petitioner and the child's biological parent took place before the child turned 18. If the marriage was after the child turned 18, the stepchild does not qualify and a separate petition path is needed.

Talk to a Miami Immigration Lawyer Today

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