Family Immigration LawyerGlendale & Los Angeles
We guide U.S. citizens and permanent residents through family petitions, from the first Form I-130 to the green card interview, in English or Italian.
Who can sponsor a relative for a green card?
A U.S. citizen may petition for a spouse, sons and daughters of any age, and, if the citizen is at least 21, parents and brothers and sisters. A lawful permanent resident may petition for a spouse and unmarried sons and daughters. Spouses, unmarried children under 21, and parents of adult citizens are immediate relatives with no annual numerical limit; every other relationship falls into a preference category that waits for a visa number.
At a glance
- Governing law
- INA § 201(b)(2)(A)(i) and § 203(a), 8 U.S.C. §§ 1151, 1153
- First filing
- Form I-130, Petition for Alien Relative, filed with USCIS
- Key timing
- Preference cases wait until the priority date is current
- We represent
- Citizens, permanent residents, and their relatives, including Italian speakers
A family-based visa lets a U.S. citizen or permanent resident petition for a relative to immigrate, either as an immediate relative under INA § 201(b)(2)(A)(i) or in a preference category under INA § 203(a). DiJulio Law Group helps families in Glendale and Los Angeles prepare petitions, affidavits of support, and interview-ready records.
Family immigration law: immediate relatives and preference categories
Family immigration starts with two questions: what is the relationship, and is the petitioner a citizen or a permanent resident? Under INA § 201(b)(2)(A)(i), 8 U.S.C. § 1151(b)(2)(A)(i), the spouses and children of U.S. citizens, and the parents of citizens who are at least 21, are immediate relatives. They are not subject to the annual numerical limits, so once the petition is approved the case generally moves as quickly as processing allows.
Every other qualifying relationship falls into one of the four family preference categories in INA § 203(a), 8 U.S.C. § 1153(a): F1 for unmarried sons and daughters of citizens; F2 for spouses and children (F2A) and unmarried adult sons and daughters (F2B) of permanent residents; F3 for married sons and daughters of citizens; and F4 for brothers and sisters of adult citizens. These categories are numerically limited, and the wait depends on the category, the relative's country of chargeability, and the State Department's monthly Visa Bulletin, which USCIS explains on its visa availability and priority dates page (opens in a new tab).
The case begins with Form I-130, the petition that proves the relationship. After approval, a relative in the United States who is eligible may file for adjustment of status; a relative abroad completes consular processing through the National Visa Center and an interview at a U.S. embassy or consulate. At the green card stage the petitioner generally must also sign Form I-864, the affidavit of support required by INA § 213A, which is an enforceable contract to support the immigrant. If the petitioner's income is not enough, a joint sponsor may be used. A relative who simply wants to visit while a petition is pending needs a visitor visa, and the consulate will weigh the pending petition when deciding it.
The consular interview deserves particular attention. In Department of State v. Muñoz, the U.S. Supreme Court held in 2024 that a U.S. citizen does not have a fundamental liberty interest in her noncitizen spouse's admission, which left the consular refusal in that case beyond judicial review. For families in Glendale and Los Angeles, the practical lesson is that the record must be complete, and any inadmissibility issue addressed, before the interview rather than after it.
Family immigration often intersects with a family's other legal affairs. Relatives who plan to buy a home or hold property together should understand real estate transactions in California, families bringing relatives to work in a family company may need governance and employment and ownership agreements in place, and families with ties to cross-border businesses can read about doing business in China. Answers to general questions about the firm are collected in our frequently asked questions, and the firm's Valeria Granata works with Italian-speaking clients.
Families with ties to Italy can meet with the firm in Italian; see our Italian-language client services. Valeria Granata, the firm's Senior Litigator and Trial Attorney, works with Italian-speaking clients on family petitions, and relatives who need to work in the United States while a case is pending can compare employment-based green cards and temporary work visas.
Immediate relative or preference category: which applies to your relative?
INA § 201(b)(2)(A)(i) · INA § 203(a)
Immediate relatives are the spouses and unmarried children under 21 of U.S. citizens, and the parents of citizens who are at least 21. They have no annual numerical limit. Every other qualifying relationship falls into the F1, F2A, F2B, F3, or F4 preference categories of INA § 203(a), which are numerically limited and wait for a visa number.
Categories can shift while a case waits. Under 8 C.F.R. § 204.2(i) (opens in a new tab), an F2A or F2B petition generally converts when the permanent-resident petitioner naturalizes, and an F1 beneficiary who marries moves to F3. A permanent resident's son or daughter who marries loses eligibility, because there is no preference category for married children of permanent residents. The statutory definitions are in 8 U.S.C. § 1151(b)(2)(A)(i) (opens in a new tab) and 8 U.S.C. § 1153(a) (opens in a new tab).
Families who would rather talk through the categories in Italian can arrange that through our Italian-language services, and Valeria Granata reviews family histories before anything is filed.
| Category | Relationship | Who petitions | Annual numerical limit? | Spouse and children included? |
|---|---|---|---|---|
| Immediate relative | Spouse, unmarried child under 21, or parent | U.S. citizen (age 21 or older to petition for a parent) | No | No; each relative needs a separate I-130 |
| F1 | Unmarried sons and daughters age 21 or older | U.S. citizen | Yes | Yes, as derivatives under INA § 203(d) |
| F2A | Spouses and unmarried children under 21 | Permanent resident | Yes | Yes, as derivatives |
| F2B | Unmarried sons and daughters age 21 or older | Permanent resident | Yes | Yes, as derivatives |
| F3 | Married sons and daughters of any age | U.S. citizen | Yes | Yes, as derivatives |
| F4 | Brothers and sisters | U.S. citizen age 21 or older | Yes | Yes, as derivatives |
From Form I-130 to green card: the family immigration timeline
Process
A family case starts when the citizen or permanent resident files Form I-130 with USCIS. After approval, a relative abroad moves to the National Visa Center and a consular interview, while an eligible relative already in the United States may file Form I-485 to adjust status once a visa number is available.
USCIS describes the consular route on its consular processing page (opens in a new tab). The interview is the stage to prepare for most carefully: in Department of State v. Muñoz, the Supreme Court held in 2024 that a U.S. citizen has no fundamental liberty interest in a noncitizen spouse's admission, so a consular refusal is generally not reviewable in court. Address any prior refusal, overstay, or arrest before the interview, not after it.
- Step 1
File Form I-130
The petitioner proves the relationship with civil documents and proof of citizenship or permanent residence. For preference cases, the date the I-130 is properly filed is the priority date.
- Step 2
USCIS decision
If USCIS approves the petition and the relative lives abroad, or wants to apply abroad, USCIS sends it to the State Department's National Visa Center.
- Step 3
National Visa Center
The NVC collects fees and supporting documents, including the affidavit of support, and notifies the family when a visa number is about to become available.
- Step 4a
Consular interview
Once the priority date is current, the consulate schedules the immigrant visa interview and decides whether the relative is eligible.
- Step 4b
Adjustment of status
A relative in the United States who is eligible under INA § 245 files Form I-485 with USCIS instead of interviewing abroad.
How to read the Visa Bulletin for a family petition
Visa Bulletin
The Visa Bulletin is the State Department's monthly table of cutoff dates for each preference category and country of chargeability. Compare the priority date on the I-130 notice with the date listed for the relative's category and country. If the priority date is earlier than the cutoff, or the category is current, the case can move forward.
Read the current month in the Visa Bulletin (opens in a new tab), then check the USCIS adjustment of status filing charts page (opens in a new tab) to see which chart controls filings that month.
- Find the priority date: it appears on Form I-797, Notice of Action, for the I-130 filed for the relative.
- Open the family-sponsored table and find the category (F1, F2A, F2B, F3, or F4) and the country of chargeability column.
- Know which chart applies: the bulletin has a Final Action Dates chart and a Dates for Filing chart. Each month USCIS states which chart adjustment of status applicants must use.
- Expect movement in both directions: cutoff dates can advance, stand still, or move backward (retrogression) as demand changes.
- Immediate relatives do not appear in the bulletin, because their category has no annual numerical limit.
Who counts as a child in a family petition?
INA § 101(b)(1)
For immigration purposes, a child is generally an unmarried person under 21 who fits one of the relationships defined in INA § 101(b)(1). That includes biological children, stepchildren if the marriage creating the relationship occurred before the child turned 18, and many adopted children. A U.S. citizen's qualifying child is an immediate relative.
USCIS explains the age rules on its Child Status Protection Act page (opens in a new tab). The result turns on filing and approval dates, so check them before a child beneficiary marries.
- Adopted children: generally adopted before age 16 and in the legal custody of, and residing with, the adoptive parent for at least two years (INA § 101(b)(1)(E)).
- Sons and daughters: once a child turns 21 or marries, the relationship generally moves into a preference category (F1, F2B, or F3).
- Age protection: the Child Status Protection Act can preserve child status for some beneficiaries who turn 21 while a case is pending. For the child of a U.S. citizen, age is generally fixed on the date the I-130 is filed (INA § 201(f)); preference cases use a different calculation.
Senior Litigator and Trial AttorneyValeria GranataRead profile- Office
- 330 North Brand Boulevard, Suite 1280, Glendale, California 91203
- Direct line
- (818) 502-1700 · rdd@dijuliolaw.com
- Courts
- Los Angeles County Superior Court, including the Glendale and Stanley Mosk courthouses.
- Focus
- Employment-based, family-based, and temporary visa matters for individuals, families, and California employers.
Family immigration matters our Glendale office handles
The firm assists individuals and families with family-based petitions from the first filing through the interview. Where a sponsor is self-employed or earns income through an LLC or corporation, related business law questions often shape the affidavit of support.
Spousal Petitions
I-130 petitions for husbands and wives of U.S. citizens and permanent residents, supported by evidence that the marriage is genuine: joint finances, a shared residence, and the history of the relationship.
Parent and Child Petitions
Petitions for parents of adult citizens and for sons and daughters, with attention to how a child's age and marital status place the case in the correct category.
Sibling and Adult Child Petitions
F1, F3, and F4 preference petitions, where the wait for a visa number can be long and the priority date must be protected.
Affidavits of Support
Preparing Form I-864 under INA § 213A, analyzing whether the sponsor's household income meets the requirement, and bringing in a joint sponsor or household member when needed.
Adjustment of Status
Form I-485 applications under INA § 245 for relatives already in the United States, including the eligibility questions raised by a prior overstay or a change in status.
Consular Processing
National Visa Center document submission, the civil documents each consulate requires, interview preparation, and follow-up after a refusal for administrative processing.
Family immigration situations Los Angeles families bring us
Composite examples of the matters this practice handles. They illustrate common fact patterns and are not descriptions of specific client cases or predictions of any result.
The Spouse Abroad
A Glendale resident who recently naturalized wants to bring her husband from abroad. The I-130 itself is straightforward, but the husband was refused a visa years earlier. Obtaining that old record and addressing it in advance shapes the preparation for the consular interview.
The Parent Visiting on a B-2
A Los Angeles citizen's mother is in the United States as a visitor, and the family asks whether she can stay and apply for a green card. The answer depends on how she entered, what she told the officers at entry, and whether her stay has remained lawful.
The Sibling With a Long Wait
A citizen filed an F4 petition for a brother years ago. The brother's daughter is now approaching 21. Whether she can still immigrate with her father as a derivative requires a careful review of the dates and filings in the case.
First steps before filing a family petition
Confirm the category
Identify whether the relative is an immediate relative or falls in a preference category, and check the Visa Bulletin for the realistic wait before making travel or employment plans.
Collect civil documents
Gather birth, marriage, and divorce records for both people, plus proof of the petitioner's status. Missing or inconsistent civil documents are a common source of delay at the National Visa Center.
Review the history before filing
Every prior entry, visa application, and arrest should be reviewed before a petition is filed. Contact our Glendale office to go through the history with an attorney before the first form goes in.
Signs a family petition needs an immigration lawyer
- The relative has a prior visa refusal, removal, or overstay.
- Either spouse was previously married and the divorce records are incomplete.
- The petitioner's income may not meet the affidavit of support requirement.
- A child beneficiary is approaching age 21 or plans to marry.
- USCIS or a consulate has requested more evidence or refused the visa.
- The relative has any arrest or criminal history in any country.
Family immigration statutes and official USCIS and State Department sources
- 8 U.S.C. § 1151: Immediate Relatives (INA § 201) (opens in a new tab)Defines immediate relatives of U.S. citizens and exempts them from the annual numerical limits.
- USCIS: Form I-130, Petition for Alien Relative (opens in a new tab)Current edition, filing instructions, and fees for the petition that starts a family case.
- U.S. Department of State: Visa Bulletin (opens in a new tab)Monthly cutoff dates for each family preference category and country of chargeability.
- USCIS: Consular Processing (opens in a new tab)How an approved petition moves to the National Visa Center and a consular interview.
Family immigration cases we’ve analyzed
Court decisions and legal developments DiJulio Law Group has written about. Each summary explains the law; none describes a firm client or result.
Family immigration questions Glendale and Los Angeles families ask
Questions families in Glendale, Los Angeles, and across Southern California ask when petitioning for a relative. General questions about the firm are answered in our {{faq|firm FAQ}}.
What is the difference between an immediate relative and a family preference category?
An immediate relative is the spouse or unmarried child under 21 of a U.S. citizen, or the parent of a citizen who is at least 21, and is not subject to an annual visa limit, while every other family relationship falls into the numerically limited F1, F2A, F2B, F3, or F4 preference categories of INA § 203(a). Preference relatives usually wait for a visa number before they can immigrate.
How long does a family-based green card take?
The wait for a family-based green card depends on whether the relative is an immediate relative or in a preference category, the relative's country of chargeability, current USCIS and consular processing times, and, for preference cases, when the priority date becomes current in the State Department's monthly Visa Bulletin. Because those inputs change every month, check current USCIS processing times and the latest bulletin rather than relying on another family's experience.
What is Form I-130 and what does it do?
Form I-130, the Petition for Alien Relative, is the filing a U.S. citizen or permanent resident submits to USCIS to prove a qualifying family relationship, and in family preference cases the date it is properly filed becomes the relative's priority date, which marks the relative's place in line for a visa number. An approved I-130 does not by itself grant a green card or permission to work; the relative still completes consular processing or adjustment of status.
How do I read the Visa Bulletin for my relative's case?
To read the Visa Bulletin, find the priority date on the I-130 notice, open the family-sponsored chart for the current month, and compare that date with the cutoff listed for the relative's category and country of chargeability, because a priority date earlier than the cutoff, or a category listed as current, means the case can move forward. USCIS also states each month whether adjustment applicants use the Final Action Dates chart or the Dates for Filing chart.
What happens at the National Visa Center?
After USCIS approves an I-130 for a relative who will apply abroad, it sends the petition to the State Department's National Visa Center, which collects fees and supporting documents, tells the family when a visa number is about to become available, and hands the case to the consulate, which schedules the interview once the priority date is current. Immediate relatives do not wait in the Visa Bulletin line, so their timing depends mainly on processing.
Can my relative apply for a green card in the United States after entering as a visitor?
An immediate relative of a U.S. citizen who was inspected and admitted or paroled can generally apply to adjust status in the United States under INA § 245 even after the authorized stay has expired, but preference category relatives face stricter status rules, and in every case the relative's intent and statements at entry are examined closely. Review the full entry history with a lawyer before anything is filed.
Can a consular visa denial be appealed?
A consular officer's refusal of an immigrant visa generally cannot be reviewed in U.S. courts under the doctrine of consular nonreviewability, and in Department of State v. Muñoz the Supreme Court held in 2024 that a citizen does not have a fundamental liberty interest in a noncitizen spouse's admission to the United States. Options may still include new evidence to the consulate, a waiver where one exists, or a different visa category.
Do you offer family immigration consultations in Italian?
DiJulio Law Group offers consultations in Italian for families in Glendale, Los Angeles, and abroad, so an Italian-speaking parent, spouse, or sibling can follow the I-130, National Visa Center, and interview steps directly, and Valeria Granata, the firm's Senior Litigator and Trial Attorney, works with Italian-speaking clients on family petitions. Ask which civil documents you will need before the first meeting.
Talk to an Immigration Attorney
Bring the relationship documents and every prior immigration record for both of you. We will identify the category, the realistic wait, and the issues that need attention before the interview. Meet managing partner R. David DiJulio and the firm's attorneys, read the firm overview, or compare employment-based options and our other practice areas.