JG

Law Office of Jacquelyn R. Goncalves

Petition for Alien Relative

Family Petition: Establishing the Relationship That Starts Your Immigration Case

A family petition is filed by a U.S. citizen or lawful permanent resident to establish a qualifying family relationship with a foreign national relative. It is the foundation of virtually every family-based green card case — without an approved petition, no immigrant visa or adjustment of status can proceed.

Immediate Relatives vs. Preference Categories

Immediate Relatives

Spouses, unmarried children under 21, and parents of U.S. citizens are immediate relatives. Visas are always available — there is no waiting line. These cases typically move fastest, often allowing concurrent adjustment filing if the beneficiary is already in the U.S.

Family Preference Categories

All other family relationships fall into preference categories with annual visa caps. Your priority date determines your place in line. The monthly Visa Bulletin shows which priority dates are current.

Common Reasons USCIS Issues RFEs

  • • Insufficient proof of qualifying relationship
  • • Missing birth certificates or translations
  • • Name discrepancies across documents
  • • Prior immigration violations not addressed
  • • Incomplete or unsigned forms
  • • Failure to establish petitioner's status

Family Petition Questions

Can I petition for someone who is already in the U.S. illegally?+
You can file a petition regardless of the beneficiary's location or status. However, their ability to adjust status in the U.S. depends on separate eligibility rules, including how they entered and whether bars to adjustment apply.
How long is an approved petition valid?+
An approved petition generally remains valid indefinitely as long as the petitioner remains eligible and the relationship continues. However, delays in following up can create practical complications.
Can I appeal a petition denial?+
Yes. You may file a notice of appeal or motion within 30 days of the denial. We evaluate whether appeal or refiling is the better strategy.

Attorney Jacquelyn R. Goncalves personally handles every case — Connecticut and nationwide.

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