Family reunification is one of the central principles of U.S. immigration law. If you’re a U.S. citizen or lawful permanent resident (green card holder), you may be eligible to bring close family members to live permanently in the United States through a family-based immigration petition. However, strict eligibility rules, quotas, documentation requirements, and long waiting periods often complicate the process.
At Ragheb Law, PLLC, a skilled Tampa family petition lawyer can address these challenges, avoid delays, and improve your chances of a successful outcome. Whether you are sponsoring a spouse, parent, child, or sibling, we are here to guide you through every step of the process and help you keep your family together. Our mission is to make what is often an opaque and complex process more accessible and less stressful.
Tampa Family Petition Guide
What Is the Process for a Family Petition?
The family petition process begins when a U.S. citizen or lawful permanent resident files Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying family relationship between the petitioner and their relative. Along with the form, supporting documents such as birth or marriage certificates must be submitted to prove the relationship is legitimate.
Once USCIS approves the petition, the next step depends on the relative’s immigration category. Immediate relatives of U.S. citizens can usually move forward right away, while others must wait for a visa number to become available under the Visa Bulletin.
When eligible, the family member can apply for a green card through adjustment of status (if in the U.S.) or consular processing (if abroad). Throughout this process, proper documentation, financial sponsorship, and sometimes interviews are required. A family petition attorney can complete each step correctly and efficiently.
How a Tampa Family Petition Lawyer Can Help
Incomplete forms or missing documentation can cause the rejection or delay of immigration petitions.
An experienced family petition attorney in Tampa can provide crucial support throughout the process by:
- Assessing Eligibility: We will review your situation to ensure you and your relative meet all legal requirements for a family petition. We’ll also advise you on potential risks or complications based on prior immigration history, criminal records, or visa overstays.
- Preparing and Filing Accurate Paperwork: From Form I-130 to affidavits of support and civil documents, we’ll file a complete, accurate, and well-documented petition to avoid USCIS rejections or Requests for Evidence (RFEs).
- Explaining Visa Bulletin Wait Times: If your family member falls into a preference category, we’ll explain how the Visa Bulletin works, track visa availability, and keep you informed about your place in the line
- Consular Processing Support: If your relative is abroad, we will guide you through the National Visa Center (NVC) process and consular interviews, preparing them for the questions and documentation required at their local U.S. embassy or consulate.
- Adjustment of Status Guidance: If your family member is already in the U.S. and qualifies for adjustment of status, we’ll help file the proper forms and prepare for the in-person USCIS interview.
- Waivers and Complications: If your loved one has immigration violations, a criminal history, or a prior removal order, they may need a waiver to proceed. We can assess their eligibility and guide them through the waiver application process.
Common Challenges in the Family Petition Process
While the family petition process can be a powerful tool for reuniting loved ones, it often involves challenges that can delay or derail a case if not handled properly. One of the most common issues is insufficient or incorrect documentation. USCIS requires clear proof of the family relationship—such as birth or marriage certificates—and any missing, inconsistent, or fraudulent documents can lead to a denial or a Request for Evidence (RFE).
Marriage-based petitions face added scrutiny, especially if the couple has a short or long-distance relationship. USCIS may suspect marriage fraud and request extensive evidence to prove the relationship is bona fide, such as photos, joint finances, and affidavits from friends or family.
Backlogs and visa availability also create delays, especially for family preference categories, where wait times can range from months to decades.
Other common issues include the petitioner’s failure to meet financial sponsorship requirements, the beneficiary’s immigration violations or criminal history, and inaccurate completion of forms.
Working with an experienced family petition attorney helps avoid these pitfalls by ensuring the petition is accurately filed, supported by strong documentation, and monitored throughout the process. Legal guidance can make the difference between approval and delay.
What Happens If My Family Petition Is Denied?
If your family petition is denied by U.S. Citizenship and Immigration Services (USCIS), it can be a discouraging setback—but it doesn’t always mean the end of the road. First, it is important to understand the reason for the denial, which will be explained in a written notice from USCIS. Common reasons include insufficient evidence of the family relationship, missing documents, errors on the application, or concerns about fraud—especially in marriage-based petitions.
Depending on the circumstances, you may have options to respond. You can file a motion to reopen or reconsider the case with new or corrected evidence. In some cases, you can appeal the decision to the Board of Immigration Appeals (BIA). Alternatively, you may choose to refile the petition with improved documentation.
Working with an experienced family petition attorney after a denial is critical—they can assess your options and guide you through the next steps to strengthen your case.
Frequently Asked Questions About Family Petitions
How much income do I need to sponsor my relative?
As a petitioner, you must sign an Affidavit of Support (Form I−864) and prove your household income meets or exceeds 125% of the federal poverty guidelines for your household size. Your household includes yourself, your dependents, any relatives living with you, and the immigrant you are sponsoring.
Active-duty military members sponsoring a spouse or child only need to show an income of 100% of the poverty guideline. If you do not meet the income requirement, you may use a joint sponsor.
Can I petition for a grandparent, aunt, uncle, or cousin?
No. U.S. immigration law strictly limits family petitions to specific relationships. U.S. citizens may petition for spouses, children (married or unmarried), parents, and siblings.
Lawful permanent residents may only petition for spouses and unmarried children. The law provides no path to sponsor more distant relatives like cousins, grandparents, aunts, or uncles.
What happens if the petitioner dies before the green card process
The petitioner's death typically results in the automatic revocation of the Form I−130 petition. However, you may still have options. Under certain circumstances, you can ask USCIS for "humanitarian reinstatement" of the petition.
Additionally, if you are the surviving spouse of a U.S. citizen and meet specific requirements, you may self-petition for a green card. You must act quickly in these situations to preserve your eligibility.
How long does the initial Form I-130 approval take?
USCIS processing times for Form I−130 change frequently and depend on the specific family relationship and the service center handling the case. The approval of the I−130 petition itself can take anywhere from several months to a few years.
This timeline is separate from the wait for a visa number to become available in the preference categories. You can check current estimated processing times on the USCIS website.
Contact a Tampa Family Petition Lawyer Today
If you are trying to bring a loved one to the U.S., let Ragheb Law, PLLC, guide you through the family petition process with confidence.
Our experienced Tampa immigration lawyer is committed to reuniting families and protecting your immigration future. We handle everything from filing Form I-130 to navigating visa delays and denials. Do not risk delays or mistakes—get trusted legal support today.
Call Ragheb Law, PLLC now at (813) 938-0209 to consult us and take the first step toward bringing your family together.