Family is the foundation of U.S. immigration law, and it's the area where the stakes feel most personal. Whether you're petitioning for a spouse, a parent, a child, or a sibling, the process involves strict eligibility categories, visa backlogs that can stretch for years, and paperwork that leaves little room for error.
At Murph & Tchamda LLP, we handle family-based petitions from the first filing through the final interview, explaining exactly where your case stands in the process and what to expect next. We work with immediate relatives, who face no annual cap on visas, as well as family preference categories that are subject to the Department of State's visa bulletin.
Who This Helps
- U.S. citizens petitioning for a spouse, parent, unmarried child under 21, or married/adult child
- Lawful permanent residents petitioning for a spouse or unmarried child
- U.S. citizens petitioning for a sibling (subject to longer wait times under the F4 category)
- Families navigating the visa bulletin and priority dates for preference categories
- Petitioners whose relative is already in the U.S. and may qualify for adjustment of status
- Petitioners whose relative is abroad and will need consular processing
How We Handle These Cases
Case Evaluation & Category Determination
We confirm your relationship qualifies, identify the correct visa category, and flag any issues, prior immigration violations, unlawful presence, or criminal history, before we file anything.
I-130 Petition Filing
We prepare and file Form I-130 with supporting evidence of the qualifying relationship, and monitor USCIS processing times so you're not left guessing.
Adjustment of Status or Consular Processing
Once a visa number is available, we guide the relative through either adjustment of status in the U.S. or consular processing abroad, whichever applies.
Interview Preparation
We prepare you and your relative for the USCIS or consular interview, including document review and mock Q&A so there are no surprises.
Frequently Asked Questions
How long does a family-based petition take?
It depends on the category. Immediate relative petitions (spouse, parent, or unmarried child under 21 of a U.S. citizen) typically move faster because there's no annual visa cap. Preference categories, siblings, married children, or relatives of green card holders, can take years due to per-country visa limits. We'll give you a realistic timeline based on the current visa bulletin.
Can I petition for a family member if I only have a green card, not citizenship?
Yes. Lawful permanent residents can petition for a spouse and unmarried children, though these fall into preference categories with longer wait times than immediate relative petitions filed by U.S. citizens.
What happens if my relative is already in the U.S. without status?
It's not automatically disqualifying, but it does change the strategy. Depending on how they entered the country and their immigration history, they may need to adjust status in the U.S., process through a waiver, or leave for consular processing. We evaluate this carefully before filing.
Do you handle cases for siblings or married adult children?
Yes. These fall under the family preference categories, which move slower than immediate relative cases, but we file and track them the same way, keeping you updated as your priority date approaches.
This page is provided for general informational purposes and does not constitute legal advice. Every immigration case depends on its specific facts. Contact Murph & Tchamda LLP to discuss your situation with a licensed attorney before taking any action.