Family-Based Petitions for a Green Card
Family-Based Petitions are one of the most important and common ways to obtain lawful permanent residence (a Green Card) in the United States. Through a qualifying relative, it is possible to initiate an immigration process that allows you to live and work legally in the U.S. and, eventually, apply for U.S. citizenship.
At De Maio Immigration Law, we have extensive experience representing families in family-based immigration matters, adjustment of status applications, marriage-based residency cases, and permanent residence processes within the United States. We serve clients in Miami, Coral Gables, throughout Florida, and nationwide.
How to Obtain Permanent Residency (Green Card)
There are several legal ways to establish permanent residency in the United States, depending on your family, employment, or humanitarian circumstances. Each case must be carefully evaluated to determine eligibility, potential risks, and the most appropriate procedural strategy.
Our firm conducts a comprehensive assessment of your situation to identify the safest and most efficient path toward obtaining a Green Card. Immigration processes can vary significantly based on individual history, immigration status, and applicable legal provisions, which is why a personalized legal strategy is essential.
The primary categories include:
-
Family-Based Residency
-
Employment-Based Residency
-
Asylum-Based Residency
Permanent Residence Through Family (Family-Based Green Card)
A family petition allows a U.S. citizen or lawful permanent resident to request permanent residency for certain eligible relatives. This process begins with the filing of Form I-130 (Petition for Alien Relative) with USCIS.
Immediate Relatives of U.S. Citizens
Immediate relatives are given priority under immigration law and are not subject to annual visa limits, which generally results in faster processing times.
The following are considered immediate relatives:
-
Spouse of a U.S. citizen
-
Unmarried child under 21 years of age of a U.S. citizen
-
Parent of a U.S. citizen (if the citizen is 21 years of age or older)
Family Preference Categories
Family preference categories apply to relatives who do not qualify as immediate relatives and are therefore subject to annual visa quotas. As a result, these categories often involve longer waiting periods depending on visa availability.
The Family Preference Categories include:
-
First Preference (F1): Unmarried sons and daughters (21 years of age or older) of U.S. citizens, and their minor children.
-
Second Preference (F2):
-
F2A: Spouses and unmarried children under 21 of lawful permanent residents.
-
F2B: Unmarried sons and daughters (21 years of age or older) of lawful permanent residents.
-
-
Third Preference (F3): Married sons and daughters of U.S. citizens, including their spouses and minor children.
-
Fourth Preference (F4): Brothers and sisters of U.S. citizens, including their spouses and minor children, provided the U.S. citizen petitioner is at least 21 years of age.
Our team advises you on the correct preference category, monitors visa availability through the Visa Bulletin, and determines whether adjustment of status within the United States or consular processing abroad is the most appropriate strategy for your case.
Family Petitions and Adjustment of Status in the United States
In many cases, a family petition may be combined with an adjustment of status application, allowing the applicant to obtain a Green Card without leaving the United States.
You may qualify if:
-
You entered the United States lawfully or were granted parole.
-
You have an approved petition or are eligible to file it concurrently.
-
You are admissible or qualify for an available immigration waiver.
We assist clients with:
-
Form I-130
-
Form I-485
-
Employment Authorization (Form I-765)
-
Advance Parole / Travel Document (Form I-131)
-
Preparation for and representation at the USCIS interview
Marriage-Based Family Petitions
Permanent residency through marriage is one of the most direct pathways to obtaining a Green Card, provided the marriage is genuine and entered into in good faith.
We represent marriage-based cases involving:
-
U.S. citizens
-
Lawful permanent residents
Our firm assists with:
-
Preparing strong and well-documented marital evidence
-
Anticipating and preventing potential fraud allegations
-
Representing you at the USCIS interview
-
Determining whether the Green Card will be conditional (2 years) or permanent (10 years)
We also assist clients with the removal of conditions process (Form I-751).
Employment-Based Permanent Residency
Some individuals may qualify for a Green Card based on employment, either as immigrant workers or investors.
We evaluate whether your employment, professional background, or investment may allow you to obtain lawful permanent residence in the United States. Our firm coordinates the entire process with employers and immigration authorities to ensure compliance with all legal and procedural requirements.
Permanent Residence Through Asylum
If you were admitted to or granted asylum in the United States and have been physically present in the country for at least one year after receiving asylum status, you may be eligible to apply for lawful permanent residence (a Green Card).
Adjustment of status for asylees requires demonstrating continued eligibility, maintaining physical presence, and meeting admissibility requirements under U.S. immigration law. Certain grounds of inadmissibility may not apply to asylees, while others may require careful legal analysis or the filing of a waiver.
Obtaining permanent residence through asylum is a critical step toward long-term stability. A Green Card allows greater security, broader employment flexibility, and ultimately opens the path to U.S. citizenship.
Our firm carefully reviews your immigration history, prior filings, and supporting documentation to ensure that your adjustment of status application is properly prepared and strategically presented. We guide you through every stage of the process to help protect your status and strengthen your long-term immigration future.
Why Choose De Maio Immigration Law?
-
Extensive experience with family-based petitions and Green Cards
-
Specialists in family immigration
-
Direct attention from the attorney
-
Fully bilingual team (Spanish / English)
-
Nationwide representation
Call us at (786) 232-9120 or contact us via WhatsApp at (786) 440-1672