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Family petitions · McAllen, Texas
McAllen Family Immigration Lawyer
familias unidas
A family petition lets a U.S. citizen or permanent resident ask for a green card for a close relative. We tell you which relatives qualify and how long the wait may be, prepare the petition, and follow the case to the end. Call or send the form, in English or Spanish.
- Attorney Alex Martinez handles your case
- Hablamos español, 24/7 hotline
- 4.8 stars from 610 Google reviews
“Excellent customer service, the process was fairly easy. Linda took care of our case and gave us all information needed and her communication was great.”
Family petitions
Family immigration: when to call
A U.S. citizen can petition for a spouse, children, parents, brothers and sisters. A permanent resident can petition only for a spouse and unmarried children.
The petition is only the first step. The green card application comes next, and how your relative entered, any past removal and the order you file in can change the result. Talk to us before you file.
Why Alex Martinez Law
Your whole family, one team
contigo en cada paso
Alex Martinez, licensed in Texas, checks each family member's history before anything goes to USCIS.
Alex studied in Texas and in Spanish in Mexico, and our team explains each form in the language you choose.
We also handle green card cases, waivers, citizenship applications and deportation defense, so your family stays with one team as each case moves forward.
Call the 24/7 line at (956) 540-2255 or message us on WhatsApp. Meet us in McAllen or at our Brownsville office, or by phone or video.
For years Alex has taught Valley families about their rights and how to avoid immigration fraud. A notario cannot give you legal advice.
Who you can petition for
Who qualifies
Every family case starts with Form I-130, filed by the citizen or resident relative. The date USCIS receives it is the priority date, your place in line.
Immediate relatives
Spouses and unmarried children under 21 of U.S. citizens, and parents of citizens who are 21 or older. There is no yearly limit, so no visa line.
Form I-130
Preference categories
Adult sons and daughters of citizens (F1, F3), brothers and sisters (F4), and spouses and children of residents (F2A, F2B). Yearly limits mean a wait.
Visa Bulletin
Fiancé(e) visas
A U.S. citizen files Form I-129F. Your fiancé(e) comes on a K-1 visa, and you must marry within 90 days of arrival.
Form I-129F
Then the green card
Once the petition is approved and a visa is available, your relative applies in the U.S. or through a consulate abroad.
Green card process
If you are a U.S. citizenForm I-130
Citizen petitioners
You can petition for your spouse, your children of any age, your parents if you are 21 or older, and your brothers and sisters. Spouses, unmarried children under 21 and parents are immediate relatives and do not wait for a visa number.
If you are a residentForm I-130
Resident petitioners
You can petition only for your spouse and your unmarried children, who wait in the F2A and F2B lines. Parents, married children, brothers and sisters can be added once you become a U.S. citizen.
Mixed-status families
Families with papers and without
Many Valley families include citizens, residents, DACA recipients and relatives without status. A citizen's spouse who entered without inspection usually cannot get the green card here and must finish at a consulate abroad, often with a provisional unlawful presence waiver approved first.
The 2024 parole in place process for spouses of citizens, called Keeping Families Together, was vacated by a federal court in Texas, and USCIS no longer accepts those applications. We plan the order of each person's case so that one filing does not put another family member at risk.
DACA renewals
USCIS continues to accept and process DACA renewal requests and the work permits that go with them. It accepts first-time requests but is not processing them at this time.
When to file: 120 to 150 days before your current DACA expires.
USCIS fees: Form I-821D $85, plus Form I-765 $520 on paper ($470 online). No fee waivers.
Travel: since Aug. 13, 2026, a trip on advance parole counts as a departure for the unlawful presence bars. Talk to us before any trip.
As posted on uscis.gov/DACA (page updated Jan. 24, 2025).
Rules that shape a family case
General information, not legal advice. Your own case depends on its facts.
$675
USCIS fee for Form I-130 on paper ($625 online). The fiancé(e) petition, Form I-129F, is also $675.
No cap
Immediate relatives of citizens are not limited each fiscal year; the other family categories are.
90 days
A K-1 fiancé(e) must marry the citizen within 90 days of entering the U.S.
2 years
Married under two years when the green card is approved? It is conditional; file Form I-751 in the 90 days before it expires.
Fees: USCIS Form G-1055, edition 10/01/26. Fees change; we check them before filing.
Check your case
Visa Bulletin USCIS case status Processing timesHow we handle it
From the first call to the green card
Alex Martinez starts with every family member's history: how each person entered, past filings, and any arrest or removal. That decides who files first and which path is safe for each person.
- 01ConsultationWe map who can petition for whom and the risks for each person, in English or Spanish.
- 02The petitionThe citizen or resident files Form I-130, with Form I-130A for a spouse. The filing date becomes the priority date.
- 03The waitImmediate relatives move on once the petition is approved. Other categories wait until the Visa Bulletin reaches their priority date.
- 04The green cardYour relative files Form I-485 in the U.S., or interviews at a consulate abroad after the National Visa Center stage.
- 05Interview and decisionUSCIS interviews Valley applicants at its Rio Grande Valley Field Office in Edinburg. A two-year card means Form I-751 comes later.
Documents we gather
- Proof of the petitioner's citizenship or residence
- Birth certificates that show the family relationship
- Marriage certificate and divorce decrees from any earlier marriage
- Proof of a real marriage: lease, joint accounts, photos
- Tax returns and pay records for the affidavit of support
Fees and consultation
We go through our own fee and any payment plan in your first call, and you have it in writing before you sign.
USCIS filing fees are separate and go to the government. We confirm the exact amounts before you file.
What to bring
- Your passport, green card or naturalization certificate
- Birth and marriage certificates
- Any immigration papers your relative has
- Any arrest, court or removal records
Your attorney
Alex Martinez
J.D., Thurgood Marshall School of Law. Licensed in Texas, admitted to the Southern District of Texas.
Reviewed by Alex Martinez, State Bar of Texas
Questions
Family petition questions
General information, not legal advice. Ask us and we will tell you where your own case stands.
How long does a family petition take?
It depends on the relationship. Spouses, unmarried children under 21 and parents of adult U.S. citizens do not wait for a visa number, so their time depends on USCIS and consular processing. Other relatives wait until the Visa Bulletin reaches their priority date, which can take years. We check both for your case.
Can a green card holder petition for parents or siblings?
No. A permanent resident can petition only for a spouse and unmarried children. Once you become a U.S. citizen, you can petition for your parents (if you are 21 or older), married children, and brothers and sisters.
Is parole in place still available for spouses of U.S. citizens?
No. The Keeping Families Together process was vacated by a federal court in Texas in November 2024, and USCIS stopped accepting applications. Other routes, such as a provisional waiver before a consular interview, may still work for your family.
What does a fiancé(e) visa require?
You must be a U.S. citizen, file Form I-129F ($675), and marry your fiancé(e) within 90 days after they enter the U.S. on a K-1 visa. After the wedding, your spouse applies for a green card here.
How much does it cost to petition for a relative?
The USCIS fee for Form I-130 is $675 on paper or $625 online. The green card stage adds its own fees, such as $1,440 for Form I-485 on paper for applicants 14 and older. Our attorney's fee is separate, and we explain it before you sign.
Your family. Your future.
tu familia primero
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