Family Based Petition

Family Based Petition

Need Assistance with a Family-Based Petition?

The most common method to bring your loved one to the United States is through a family-based petition, specifically the I-130 petition. Whether you are a United States Citizen or a Lawful Permanent Resident, you have the opportunity to petition for your relative by filing an I-130 petition. This petition enables your loved one to obtain a Green Card either through adjustment of status via the I-485 application or consulate processing.

Filing an I-130 Petition

To begin the process, you must file an I-130 petition. The fastest option is to file an immediate visa petition. This applies when your petitioner-relative is a United States Citizen spouse or if your child is a citizen and over 21 years of age.

Family-Based Petition Options

There are two available options for a family-based petition:

Option 1: Adjustment of Status – I-485 Application

If you are currently present in the United States, you may qualify to obtain lawful permanent residency without leaving the country. This process is known as adjustment of status and involves filing an I-485 application. If you have an approved Family Based Petition (I-130 petition), you may be eligible for adjustment of status, allowing you to stay in the United States and receive your green card.

Even if you don’t have an approved I-130 petition under your name, you may still qualify for adjustment of status if you were a child and your parent(s) were petitioned by an employer or relative on or before April 30, 2001. It is crucial to consult an experienced attorney before filing to ensure you meet the requirements, as a single mistake can lead to delays or potential removal proceedings.

Contact the Law Office of Andrew Park to determine your eligibility for adjustment of status. With our expertise, we can evaluate your case accurately and provide the necessary guidance.

Option 2: Consulate Processing

Consulate Processing is an alternative method for your spouse/fiancé to obtain lawful permanent residency. Whether your spouse or child is a United States Citizen or Lawful Permanent Resident, an I-130 application must be filed. After the I-130 application gets approved, the National Visa Center will reach out to you regarding the required documents for bringing your loved one to the United States. Subsequently, your spouse will undergo an interview at the US embassy in their native country and obtain permission to enter the United States.

Additional Visa Options

– H1B Visa Los Angeles, CA
– K1 Visa – Fiancé Visa: If you are engaged to a foreign national, your fiancé is eligible to enter the United States via a K1 visa. Once they arrive, you must get married within 90 days and file for adjustment of status.

Conditional Residency and I-751 Application

If you have received a conditional resident card, it is essential to submit your I-751 application before the expiration date of your conditional resident card. This application will remove the conditions on your residency.

Even if you are no longer married to your United States Citizen Spouse, there are options available to waive your Conditional Residency. However, these waivers are not easy, and USCIS requires substantial evidence. At the Law Office of Andrew Park, we possess the experience and knowledge to help you navigate through the process and successfully remove your conditional residency.

I-601 Waivers

If you have been arrested, overstayed your visa, or entered the United States without a visa, you need to file an I-601 waiver to change your immigration status. Waivers are evaluated on a

case-by-case basis and generally require a Qualifying Relative to demonstrate “extreme hardship.” This hardship may include physical ailments, mental distress, or financial struggles.


You may qualify for US Citizenship if you have been a lawful permanent resident for 3 years (if married to a United States Citizen Spouse) or 5 years, possess good moral character, and have continuously resided in the United States for the past five years.

Having been arrested or convicted of a crime does not automatically disqualify you from applying for Citizenship. However, prior convictions can affect your eligibility. It is crucial to consult with an attorney to evaluate your case before proceeding with the Citizenship application, as some convictions may be considered deportable offenses.

Post Conviction Relief – Crimmigration

If you have been convicted of a crime in Los Angeles, you may need to vacate your conviction before applying for any immigration status. Submitting an immigration application with a criminal conviction can render you inadmissible or deportable from the United States, leading to potential referral to Immigration Court or ICE (Immigration and Customs Enforcement).

Hiring an experienced Immigration-Criminal Defense Attorney is essential in such cases to help you vacate your convictions. While not all convictions require vacation, some attorneys may suggest expungement instead of a motion to vacate.

If you are a Lawful Permanent Resident or have no immigration status, it is crucial to hire an experienced attorney knowledgeable in both Immigration Law and Criminal Law. Don’t invest your time and money until you have consulted an Immigration and Criminal Defense Attorney who can guide you through the process and explain why it is necessary to vacate your conviction.

Contact the Law Office of Andrew Park to ensure a timely and smooth process in bringing your loved one(s) to the United States. We possess the experience and knowledge to help you avoid mistakes and ensure the timely arrival of your loved one(s).