Family Petition Service

Family Petition: File Your I-130 and Bring Your Family Home

A family petition service is a formal request that a US citizen or green card holder files with USCIS to sponsor a relative for a US visa or green card. You start the process by filing Form I-130, Petition for Alien Relative. Filing errors are the top reason petitions stall. New American Hope guides you through every step , so your petition moves forward, not backward.

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Who Can File a Family Petition?

US citizens and lawful permanent residents (green card holders) can sponsor certain relatives. Your eligibility determines which visa category applies , and how long the process takes.

If you are a US citizen, you can petition for:

• Your spouse
• Your unmarried children under 21
• Your parents (if you are 21 or older)
• Your unmarried adult children (21+)
• Your married children (any age)
• Your siblings (if you are 21 or older)

If you are a lawful permanent resident, you can petition for:

• Your spouse
• Your unmarried children under 21
• Your unmarried adult children (21+)

Green card holders cannot petition for parents or siblings. You must become a US citizen first.

Immediate Relatives vs. Preference Categories

Not all family petitions move at the same speed. USCIS splits family-based immigration into two tracks.

Immediate Relatives (Fastest Track)

Immediate relatives of US citizens face no annual visa cap. A visa is available as soon as USCIS approves your I-130. This track covers:

• Spouses of US citizens
• Unmarried children under 21 of US citizens
• Parents of US citizens (petitioner must be 21+)

Typical I-130 processing time: 19 to 67 months, depending on the USCIS service center and case volume.

Family Preference Categories (Longer Wait)

Congress sets annual visa limits for these categories. When the limit is reached, new cases wait in line. Your priority date , the date USCIS receives your I-130 , holds your place.

F4 (sibling) petitions carry the longest wait times , often 15 to 20+ years for applicants from Mexico, the Philippines, India, and China.

Important: If your green card holder petitioner becomes a US citizen while your case is pending, F2A beneficiaries automatically upgrade to immediate relative status , eliminating the wait. F2B cases move to F1 instead, which may or may not be faster. An immigration specialist should review this before any naturalization decision.

How to File a Family Petition , Step by Step

A family based petition include following steps.

Step 1 , Confirm Eligibility

Verify the qualifying relationship exists under US immigration law. Check your immigration status and the beneficiary's current situation. Both affect which forms and steps apply.

Step 2 , Complete Form I-130

Form I-130, Petition for Alien Relative, is the core document. Complete it accurately. Errors trigger a Request for Evidence (RFE), which delays your case by months. File a separate I-130 for each family member you are sponsoring.

Required documents typically include:

• Your proof of US citizenship or green card
• Beneficiary's birth certificate (translated if not in English)
• Marriage certificate (for spousal petitions)
• Evidence of bona fide relationship (photos, correspondence, travel records)
• Proof of prior marriages were legally ended (if applicable)

Step 3 , Complete Form I-864 (Affidavit of Support)

Sponsors must prove they can financially support the beneficiary. USCIS requires your household income to meet at least 125% of the federal poverty guidelines. Missing or incomplete financial evidence is a leading cause of delays.

Step 4 , Pay the Filing Fee and Submit

As of 2026, the USCIS I-130 filing fee is:

• $625 , online filing (recommended)
• $675 , paper filing

Submit online through your USCIS online account, or mail to the correct USCIS lockbox facility. When you file, indicate whether your relative will apply through consular processing abroad or adjustment of status inside the US.

Step 5 , Track Your Case

After submission, USCIS sends Form I-797C (Notice of Action) with a receipt number. Use it to track your case at uscis.gov. USCIS may send an RFE if documents are missing or unclear. Respond within the deadline , typically 87 days.

Step 6 , Visa Processing or Adjustment of Status

Once USCIS approves your I-130:

• Beneficiary outside the US: The case transfers to the National Visa Center (NVC), then to a US consulate for an immigrant visa interview.
• Beneficiary inside the US: They may file Form I-485 (Adjustment of Status) to apply for a green card without leaving.

Family Offense Petition, What It Is and How It Differs

A family offense petition is a completely separate legal action from an immigration family petition. It is filed in family court, not with USCIS.

What Is a Family Offense Petition?

A family offense petition is a court filing that asks a judge to issue an Order of Protection against a family or household member who committed a harmful act. It is free to file and is available to domestic violence victims in states including New York.

Qualifying offenses under New York Family Court Act §812 include:

• Assault (second or third degree)
• Harassment (first or second degree)
• Stalking
• Aggravated harassment
• Reckless endangerment
• Criminal obstruction of breathing
• Forcible touching

The petitioner (person filing) and respondent (person named) must have an intimate or family relationship, including spouses, parents, siblings, former partners, and co-parents.

How the Family Offense Petition Process Works in New York

1. File the petition in person at your county Family Court. Bring as many specific details as possible about what happened and when.
2. See a judge the same day. The respondent is not present. The judge reviews your petition and decides whether to issue a temporary Order of Protection.
3. Serve the Order of Protection. It takes effect only after a third party serves it on the respondent. You cannot deliver it yourself.
4. Return date hearing. Both parties appear. The judge may extend the Order of Protection, schedule a fact-finding hearing, or dismiss if insufficient evidence exists.
5. Violation petition. If the respondent breaks the Order of Protection, you can file a Violation Petition or contact law enforcement.

Filing is free. You do not need an attorney to file, but legal guidance significantly improves your outcome. If Family Court is not in session, Criminal Court can issue emergency orders.

Common Reasons Family Petitions Are Delayed or Denied

• Missing or inconsistent documents
• Incorrect or incomplete Form I-130
• Financial sponsor income below the 125% poverty threshold
• Insufficient evidence of a genuine relationship (for spousal petitions)
• Prior immigration violations or criminal history
• Aging out, a child turning 21 during processing may shift to a slower preference category
• Failure to respond to an RFE on time

The Child Status Protection Act (CSPA) may protect children who turn 21 while the petition is pending. Timing and legal review are critical when a child approaches this age.

Financial Sponsorship Requirements

USCIS requires sponsors to file Form I-864 for most family-based petitions. Your household income must be at or above 125% of the federal poverty guidelines for your household size. If your income falls short, a joint sponsor can co-sign.

Common financial documents USCIS reviews:

• Most recent federal tax returns (three years, if available)
• W-2s and 1099s
• Current employment letter with salary confirmation
• Pay stubs from the past six months

If you receive government benefits or public assistance, USCIS will scrutinize your I-864 closely. Prepare all financial evidence before submitting.

Why Families Choose New American Hope

Petition errors are permanent record. A rejected petition , or a preventable RFE , can delay your family's reunion by months or years. New American Hope exists to stop that from happening.

What sets us apart:

• DOJ-accredited representatives
• 2023 years serving immigrant families across the USA
• 500+  petitions successfully filed
• Dedicated case manager for every client
• Flat-fee pricing, no hidden costs
• Direct consultation, not call centers

We review every document before it leaves your hands. We prepare your I-130, I-864, and supporting evidence as a complete, accurate package, built to move through USCIS without delays.

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Frequently Asked Questions About Family Petitions

How long does a family petition take?

Processing time depends on your relationship and visa category. Immediate relative petitions for spouses of US citizens can take 19 to 67 months. Sibling petitions under F4 can exceed 15 to 20 years, especially for applicants from high-demand countries.

What is Form I-130?

Form I-130 is the Petition for Alien Relatives. It is the document that formally establishes your qualifying family relationship with a foreign national. USCIS must approve it before your relative can apply for a visa or green card.

Can a green card holder petition for a spouse?

Yes. A lawful permanent resident can petition for a spouse under the F2A preference category. However, F2A petitions are subject to annual visa caps, so processing takes longer than for US citizens sponsoring spouses.

What happens if my family petition is denied?

USCIS sends a written denial explaining the reason. You may file a motion to reopen or a motion to reconsider, or appeal to the Administrative Appeals Office (AAO). Consulting an immigration specialist immediately after a denial improves your chances of a successful appeal.

How much does it cost to file a family petition?

The USCIS I-130 filing fee is $625 (online) or $675 (paper) as of 2026. You must pay a separate fee for each family member. Additional costs may apply for adjustment of status, biometrics, and medical exams. Attorney or representative fees are separate.

Can I file for my sibling if I have a green card?

No. Only US citizens (age 21 or older) can petition for siblings under the F4 category. Green card holders must first naturalize before sponsoring a brother or sister.

What is a family offense petition?

A family offense petition is a legal filing in family court , not an immigration petition. It asks a judge to issue an Order of Protection against a family or household member who committed acts such as assault, harassment, or stalking. It is not related to USCIS or visa processing.

Official Government Resources

• USCIS Family-Based Immigration Guide , uscis.gov
• US Visa Information , State Department , travel.state.gov
• USCIS Processing Times Tool , track current I-130 timelines
• Visa Bulletin , Monthly Priority Dates , State Department

Ready to start your family petition? A single filing error can cost your family months. Let New American Hope prepare your petition correctly , the first time.

→ Book Your Free Consultation → Call us: +1 (530) 761-2830 

 → Email: nahopellc@gmail.com

Available for consultations in English. Serving immigrant families across the USA.