EN 
ES Family-Based Immigration
Family Reunification Through Trusted Legal Guidance
Reuniting with your loved ones is possible through the right legal strategy. Our experienced team helps families navigate the immigration process with clarity, compassion, and confidence.
What Is Family-Based Immigration?
Family-based immigration allows U.S. citizens and lawful permanent residents to sponsor certain relatives to come and live in the United States. This process is designed to reunite families by providing legal pathways for spouses, children, parents, and siblings—depending on the petitioner’s status and relationship. It’s one of the most common ways to obtain lawful residency in the U.S.
Family-Based Services
I-130 Petition for Alien Relative
We help U.S. citizens and lawful permanent residents file Form I-130 to sponsor eligible family members for lawful status.
Form I-130
is filed by a U.S. citizen or lawful permanent resident to establish a legally recognized family relationship with a foreign national relative. It is the first step in the family-based immigration process.
What is the purpose of Form I‑130?
The purpose of the petition is to allow USCIS to verify the legitimacy of the claimed relationship—whether it be between spouses, parents and children, or siblings. The petition must include documentary evidence such as birth certificates, marriage certificates, and proof of the petitioner’s immigration status.
Who is eligible to file an I‑130?
U.S. citizens may file for spouses, children (minor and adult), parents (if 21+) and siblings. Green Card holders may file for spouses and unmarried (single or divorce) children regardless of their age.
How long does I‑130 processing take?
Processing times vary by relationship category and service center, but typically range from several months to years depending on multiple legal factors such as the petitioner’s status and if the beneficiary is an immediate relative or not.
What happens after the I‑130 is approved?
Approval of the I-130 petition is just the first step. It confirms eligibility, but does not automatically grant a green card.
If the beneficiary is in the U.S., they may apply for Adjustment of Status through USCIS.
If they are outside the U.S., they must complete consular processing via a U.S. embassy or consulate.
If there are immigration violations or inadmissibility issues, a waiver (like Form I-601 or I-601A) may be required.
Can prior unlawful presence or immigration violations affect the process?
Filing the I‑130 is allowed regardless of past violations, but adverse immigration history may require the beneficiary to obtain a waiver (e.g., Form I‑601/I‑601A) before finalizing their green card process.
What are the visa categories and what applicants are exempted from it?
In the context of the I-130 Petition, the visa categories refer to the classification of the beneficiary under U.S. immigration law based on their relationship to the petitioner. These are split into two main groups: Immediate Relatives and Family Preference Categories. Some applicants are exempt from numerical limits and visa wait times, depending on their category.
- Immediate Relatives of U.S. Citizens — No Waiting for Visa Numbers
Immediate relatives do not have to wait for a visa number to become available! There is no quota. This means their green card process can move forward as soon as the petition is approved and the required forms are filed
U.S. citizens may petition for the following immediate relatives:
- Spouses
- Unmarried children under 21 years of age
- Parents (if the U.S. citizen is over 21)
- Preference Category Relatives — Subject to Visa Bulletin and Backlogs
For these categories, visa numbers are limited, and wait times can range from several months to many years, depending on the relationship and country of origin. Other family relationships fall under the Family Preference Categories, which are subject to annual limits and waiting periods:
- F1: Unmarried adult children (21+) of U.S. citizens
- F2A: Spouses and unmarried children (under 21) of green card holders
- F2B: Unmarried adult children (21+) of green card holders
- F3: Married children of U.S. citizens
- F4: Siblings of U.S. citizens (if the citizen is over 21)
I-751 Removal of Conditions
We assist conditional residents in filing Form I-751 to remove the conditions on their green card and maintain permanent resident status.
I-751 Waiver
is filed by conditional permanent residents who obtained status through marriage and need to remove the two-year conditions on their green card. Typically filed jointly by both spouses within the 90-day period before the card’s expiration, it requires submission of documentary proof that the marriage was bona fide. USCIS may also permit individual filings or waivers in cases of divorce, death of the spouse, abuse, or extreme hardship.
When can I file Form I‑751?
You must file within the 90-day window immediately before your conditional green card expires. Filing early may result in rejection, though USCIS may accept late filings for good cause.
What happens if I miss the 90‑day window?
If you miss it without good cause, your conditional resident status expires, triggering potential removal proceedings. However, USCIS may accept late filings with a written explanation demonstrating extenuating circumstances.
Is an interview required?
USCIS may waive the interview if submitted evidence convincingly proves a bona fide marriage. However, many cases,especially waivers, do result in interviews to verify the validity of the relationship.
Can I file individually without my spouse?
Yes. Individual filing or a waiver may be possible when the marriage has ended (divorce or death), there has been abuse, or removal would cause extreme hardship. The same evidence requirements apply.
Adjustment of Status / Consular Processing
We guide clients through obtaining a green card either from within the U.S. or through a U.S. consulate abroad.
A green card (lawful permanent residency) may be obtained either by Adjustment of Status (AOS) for applicants already in the U.S., or through Consular Processing at a U.S. embassy/consulate abroad. Both paths generally require an approved immigrant petition (e.g., I‑130 or I‑140) and a visa number when applicable. For AOS, the applicant must have entered lawfully and have a visa that’s available; Consular Processing is mandatory if the applicant is outside the U.S. or ineligible for AOS.
During AOS, filing Form I‑485 grants a receipt notice that extends validity of status, employment authorization (via I‑765), and allows for travel with Advance Parole (Form I‑131). In contrast, Consular Processing culminates in a visa appointment, then entry to the U.S. as a permanent resident.
What is the difference between Adjustment of Status and Consular Processing?
AOS is carried out within the U.S. via Form I‑485 (no need to leave the country), while Consular Processing requires the foreign national to complete their green card application at a U.S. embassy or consulate abroad.
Who is eligible for Adjustment of Status?
Applicants must be physically in the U.S., have entered lawfully, have an approved immigrant petition with a current visa number (or concurrent filing), and be admissible under U.S. immigration law.
Can I work or travel while AOS is pending?
Yes. After filing I‑485, you can request work authorization (EAD, Form I‑765) and travel permission (Advance Parole, Form I‑131), typically granted along with your receipt notice.
Which process is faster: AOS or Consular Processing?
Processing times vary by case and category. Generally, AOS takes 8–14 months, while Consular Processing takes 14–18 months. However, Consular Processing may be faster in some family-based cases.
Can I switch between AOS and Consular Processing?
Yes. If you initially chose one path but later qualify for the other, you can request a switch: file Form I‑824 to move from AOS to CP or file Form I‑485 from within the U.S. (even if consular processing was initially selected) .
K-1 Visas
We help U.S. citizens bring their fiancé(e)s to the U.S. on a K-1 visa and prepare for marriage-based adjustment of status.
The K‑1 nonimmigrant visa allows a foreign national fiancé(e) of a U.S. citizen to enter the United States with the intent to marry within 90 days, after which the foreign national may apply for permanent residency via Adjustment of Status. The process begins with Form I‑129F filed by the U.S. petitioner, including proof of intent to marry and evidence of meeting in person within the last two years (or an approved waiver).
Upon USCIS approval, the case proceeds to the National Visa Center and then to the U.S. consulate or embassy for a visa interview, where a consular officer assesses relationship bona fides, admissibility, and whether all documentation—including medical exam and affidavit of support—is complete. Once admitted on a K‑1 visa, entry is granted for a single purpose: marriage within 90 days. Failure to marry within that period results in expiration of status and may trigger removal proceedings.
What are the main requirements for a K‑1 visa?
Requirements include: U.S. petitioner must be a citizen; both parties legally free to marry; intent to marry within 90 days; meeting in person within two years (unless waived); and petitioner must meet income/support requirements.
How long does the K‑1 process take?
Form I‑129F processing takes approximately 7–9 months on average; total time to visa issuance may average 15 months.
What must happen after arrival in the U.S.?
After entering on a K‑1 visa, the couple must marry within 90 days. The foreign spouse must then file Form I‑485 to adjust status to lawful permanent residency.
Is the K‑1 visa extendable or renewable?
No. K‑1 status expires upon entry if no marriage occurs within 90 days. Extensions are not permitted; failure to marry necessitates departure to avoid violation of status.
Will my fiancé(e) be able to work while in K‑1 status?
Yes. After entering the U.S., the fiancé(e) may apply for an Employment Authorization Document (EAD) using Form I‑765, valid for up to 90 days or, if filed concurrently with I‑485, up to one year and renewals thereafter.
I-601A Waiver (Provisional Unlawful Presence)
We help clients apply for a provisional waiver to forgive unlawful presence before attending a consular interview abroad.
Form I‑601A allows eligible individuals present in the U.S. who have accrued unlawful presence (180+ days) to request a provisional waiver of the 3- or 10-year bar before departing for a consular immigrant visa interview. To qualify, the applicant must:
- Be physically in the U.S., at least 17 years old;
- Have a pending immigrant visa case (e.g., approved I‑130 or I‑140) with the Department of State;
- Demonstrate that denial would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent.
If USCIS approves the waiver, the applicant receives notice, leaves for their consular interview abroad, and—if all other admissibility requirements are met—returns as a lawful permanent resident without triggering the usual re-entry bar
Who is eligible for the I‑601A waiver?
Applicants must be in the U.S., 17+, have a pending immigrant visa case (e.g., stemming from I‑130 or I‑140), and only need a waiver for unlawful presence. They must also show that their U.S. citizen or LPR spouse/parent would suffer extreme hardship if denied entry.
What is “extreme hardship”?
This refers to hardship beyond typical family separation—such as severe medical, financial, or emotional difficulties—for the qualifying relative if the waiver is denied or the applicant cannot return.
How long does processing take?
Processing is lengthy—currently averaging about 43.5 months given backlog and USCIS staffing levels.
What happens after USCIS approves the waiver?
Once approved, USCIS notifies the National Visa Center, which schedules the beneficiary’s consular interview abroad. The applicant departs the U.S., attends the interview, and—if admissible—enters with a green card, bypassing the usual bar .
What common mistakes should I avoid?
Typical errors include: submitting incorrect visa fee receipts; missing or inconsistent documentation; inadequate proof of extreme hardship; and failing to file before departing the U.S.
I-601 Waiver (Grounds of Inadmissibility)
We represent individuals seeking to waive various grounds of inadmissibility to enter or remain in the U.S.
Form I-601 is used by individuals, either outside the U.S. undergoing consular processing or inside the U.S. seeking adjustment of status, to request waivers for specific grounds of inadmissibility under INA § 212(a). Grounds that may be waived include health-related issues (e.g., Class A tuberculosis), certain criminal convictions, immigration fraud or misrepresentation, unlawful presence (3- or 10-year bar) in case of an individual outside of the U.S., membership in a totalitarian party, or involvement in alien smuggling.
Applicants must demonstrate that denial of admission would cause extreme hardship to a qualifying U.S. citizen or lawful permanent resident spouse or parent. The waiver is granted at USCIS or the consular officer’s discretion and once approved may apply indefinitely to that ground of inadmissibility.
Failure to file Form I-601 when required can result in denial of the underlying visa, green card, or status adjustment. Strict documentary standards apply, and errors in filing or inadequate evidence often lead to denials.
Who is eligible to file Form I‑601?
Applicants outside the U.S. ordered inadmissible at a consular interview, those seeking adjustment of status or certain nonimmigrant visas (e.g., K, V, TPS, VAWA, T visas), may file Form I-601.
For which grounds is an I‑601 waiver available?
Waivable grounds include health conditions, specific criminal convictions, fraud or misrepresentation, unlawful presence, smuggling-related violations, and membership in totalitarian parties.
What qualifies as “extreme hardship”?
Hardship must be beyond ordinary, severe effects on a qualifying relative—such as serious medical conditions, financial collapse, or unsafe conditions in the applicant’s country
How long does the I‑601 process take?
Processing times vary by service center but often range from 12 to 35 months, especially when USCIS issues Requests for Evidence or schedules interviews.
What common mistakes cause denial?
Common errors include insufficient hardship documentation, incorrect waiver selection, filing without meeting eligibility, and incomplete or incorrect supporting evidence.
Why Choose Z&W Law Firm?
Strategic and Personalized Legal Support
We tailor our approach to fit your specific situation and immigration goals.
Proven Experience Across All Immigration Matters
From family petitions to deportation defense, we bring proven expertise across every area of U.S. immigration law.
Multilingual and Culturally Sensitive Representation
We speak your language and understand your background, ensuring you feel heard, respected, and supported.
Strong Track Record and Experience with Complex Cases
We’re not afraid of challenges. Our team has successfully handled difficult cases with commitment and results.
Dreaming of a New Beginning
We’re here to make it happen
With expert legal guidance and a team that truly cares, your path to a better future starts today.
How to Schedule a Consultation
An easy process!
Contact Us
To request a consultation, complete our registration form or reach out to our team via WhatsApp at +1 (929) 994-1184 or email us at info@zwlawoffice.com.
Please let us know briefly what type of immigration help you're seeking.
Book Your Free Virtual Consultation
Your first consultation is completely free and will take place via Google Meet. The session lasts 30 minutes and allows us to understand your case and answer your initial questions.
If you prefer an in-person appointment, please note that a consultation fee will apply.
Prepare for Your Meeting
To make the most of your consultation, please have your immigration documents ready to share or bring with you.
After your appointment, you’ll receive a confirmation email with any next steps, including how to begin your case with our firm.
Your Questions
Answered
Do you take cases from clients outside New York?
Yes. Immigration law is federal, which allows us to represent clients in all 50 states and even those living outside the United States, depending on the nature of the case.
Is the first consultation free?
Yes. We offer a free 30-minute virtual consultation via Google Meet. In-person consultations may include a fee. We encourage clients to bring or upload immigration documents for a more accurate assessment.
Do you offer payment plans or financial assistance?
Yes. We’ve partnered with BYDCash, a financial company that offers loans of up to $15,000, even to clients without a Social Security number, to help cover legal and immigration-related costs.
Can you help with emergency cases or last-minute filings?
Yes. While we recommend planning ahead, we do accommodate urgent cases such as upcoming interviews, court hearings, or filing deadlines, subject to availability.
