N. Hardyal / Practice / Family Petitions
Practice — Family Immigration
Family Petitions
The I-130 establishes the family relationship that anchors a green card case — and the strategy around it, whether your relative is here and eligible to adjust, or abroad and going through consular processing.
I-130 · I-130A · I-485 concurrent where eligible
Relationship & category
We confirm the qualifying relationship and which preference category applies — immediate relative or a waiting line.
- Birth or marriage certificates
- Prior-marriage terminations
Document the relationship
For spouses, the record that shows a real marriage — built before the interview, not after a request.
- Photographs & correspondence
- Shared finances & residence
- Affidavits from family & friends
File the I-130
Filed alone, or concurrently with the I-485 when the relative is in the United States and a visa is available.
- I-130 petition
- I-130A (spouse)
- I-485, where eligible
Approval & beyond
Approval sends the case toward adjustment here or NVC processing at the embassy — with interview preparation either way.
Who it is for
U.S. citizens and lawful permanent residents petitioning for qualifying relatives — spouses, children, parents, and (for citizens) siblings. Immediate relatives of citizens move without a wait; other categories carry preference-category lines that move by the Visa Bulletin.
- Spouses — including recently married couples building evidence of a bona fide marriage
- Parents and children of citizens and residents
- Siblings of citizens, where category waits allow
The requirements
The petition must show a legally recognized relationship — marriage or birth certificates, prior-marriage terminations, and for spouses, evidence the marriage is genuine. Then the question is where the case finishes: adjustment of status here, or the National Visa Center and an embassy abroad.
How long does an I-130 take?
Immediate relatives (spouses, parents, and minor children of citizens) run petition plus adjustment or consular processing. Preference categories wait for a visa number — the Visa Bulletin sets when the case can move.
Can my spouse adjust from inside the U.S.?
Usually, if your spouse entered lawfully and is otherwise eligible — including cases where the couple married after an entry. Overstay and timing questions are case-specific; discuss them before filing.
We were just married — is that enough?
Yes, if the marriage is genuine. A new marriage simply means we build the bona fide record — shared finances, photographs, correspondence, and affidavits — so the evidence is ready before the interview.
Email a few lines about your situation — I reply within one business day.
General information, not legal advice — eligibility depends on the specifics of your situation.