Flat-Fee Family Immigration Attorneys

Overview of US Family Immigration with Lawhive

Bringing Family to the US, Without the Hourly Meter

Family-based immigration is one of the most personal areas of US law — and one of the most paperwork-heavy.

Whether you’re a US citizen petitioning for a spouse, a green card holder sponsoring an unmarried child, or a parent navigating consular processing for relatives abroad, the rules are federal, the forms are unforgiving, and small mistakes can add years to your timeline.

A Lawhive family immigration attorney handles the case end-to-end on a flat fee. You’ll know what the engagement costs before you sign anything, you’ll work with experienced US immigration attorneys serving clients nationwide, and you’ll see every filing, receipt notice, and USCIS update inside a digital dashboard built for the people on your case — not just the legal team.

What Family-Based Immigration Is

Family-based immigration is the process by which a US citizen or lawful permanent resident (LPR) sponsors a qualifying relative for lawful status in the United States.

It’s adjudicated by US Citizenship and Immigration Services (USCIS) — a federal agency inside the Department of Homeland Security — with the Department of State handling visa issuance at consulates abroad.

Because it’s federal law, the rules don’t change when you cross a state line. That’s why our family-based immigration attorney team works with clients nationwide: we’re not arguing in state court, we’re filing with USCIS service centers and US embassies. What matters is federal experience, not state licensure.

Every family-based case starts with a Form I-130, Petition for Alien Relative. The petitioner (the US citizen or LPR) files the I-130 to establish that a qualifying family relationship exists. From there, the path splits into two tracks: immediate relative petitions and family-preference categories.

Immediate Relative Petitions (No Annual Cap)

Immediate relatives of US citizens get a separate, uncapped category. There’s no visa bulletin wait, no numerical limit, and — in most cases — no priority date backlog. Once USCIS approves the I-130 and any required follow-on forms are processed, a visa is available.

Three relationships qualify as immediate relatives: spouses of US citizens, unmarried children under 21, and parents of US citizens.

Spouses of US Citizens

If you’re married to a US citizen, you’re an immediate relative. The petitioner files Form I-130 with proof of a bona fide marriage — joint accounts, lease or mortgage, photos, and affidavits from people who know you both.

If your spouse is already in the US in lawful status, you can usually file the I-130 and the I-485 Adjustment of Status application together (a “concurrent filing”). If your spouse is abroad, the case is routed through a US consulate after I-130 approval.

Unmarried Children Under 21

A US citizen’s biological, step, or adopted child who is unmarried and under 21 is also an immediate relative. The child’s age is “frozen” in some situations under the Child Status Protection Act (CSPA), but that protection isn’t automatic and depends on filing dates and visa availability.

A family green card attorney can walk through CSPA math early — losing immediate-relative status at 21 can shift a case into a backlogged preference category.

Parents of US Citizens

Once a US citizen turns 21, they can petition for their parents. Both biological parents qualify; stepparents qualify if the marriage that created the relationship took place before the citizen turned 18. There’s no annual cap, so processing tends to move faster than preference categories — though USCIS backlogs still affect timelines.

Family-Preference Categories F1–F4

If the relationship doesn’t fit the immediate-relative definition, it falls into one of four family-preference categories. These are subject to annual numerical caps and per-country limits, which is why they often involve multi-year waits tracked through the monthly Visa Bulletin.

• F1 — Unmarried sons and daughters (21 or older) of US citizens.
• F2A — Spouses and unmarried children (under 21) of lawful permanent residents.
• F2B — Unmarried sons and daughters (21 or older) of lawful permanent residents.
• F3 — Married sons and daughters of US citizens.
• F4 — Brothers and sisters of US citizens (petitioner must be 21 or older).

Each category gets a fixed number of visas per fiscal year, and no single country can take more than 7% of the annual family-preference total. That’s why applicants from high-demand countries — Mexico, the Philippines, India, China — often wait years longer than the global average for the same category.

The Visa Bulletin tracks this through priority dates. Your priority date is the day USCIS received your I-130. When the Visa Bulletin’s “Final Action Date” for your category and country reaches your priority date, a visa is available, and the case can move forward.

A family visa attorney can check the bulletin monthly and flag when it’s time to file the next step.

Adjustment of Status vs. Consular Processing

Once a visa is available, the beneficiary needs to actually become a permanent resident. There are two paths, and the right one depends on where the beneficiary is and how they entered the US.

Adjustment of Status

Adjustment of Status (AOS) is for beneficiaries already inside the United States in lawful status. You file Form I-485 with USCIS, attend a biometrics appointment, and — in most family cases — an interview at a USCIS field office.

If approved, the green card is issued without ever leaving the country. Concurrent filing (I-130 plus I-485 together) is available in immediate-relative cases and in some preference cases when the bulletin is current.

Consular Processing

Consular Processing is for beneficiaries outside the US, or those inside who aren’t eligible to adjust. After USCIS approves the I-130, the case moves to the National Visa Center, then to a US consulate. The beneficiary files Form DS-260 online, attends a consular interview abroad, and — if approved — enters the US as a lawful permanent resident.

The choice between AOS and CP isn’t always optional. Unlawful presence, certain entries, and prior immigration violations can force consular processing and trigger separate waiver requirements. Lawhive’s family immigration attorneys will walk through this at intake before the engagement is scoped.

Affidavit of Support (Form I-864)

Nearly every family-based green card requires a Form I-864 Affidavit of Support. It’s a legally enforceable contract in which the petitioner promises to financially support the beneficiary so they don’t become a public charge, or reliant on public assistance.

The income floor is 125% of the federal poverty guidelines for the petitioner’s household size (100% for active-duty military petitioning a spouse or child). If the petitioner’s income doesn’t reach the threshold, a joint sponsor — another US citizen or LPR willing to take on the same legal obligation — can file a separate I-864. Assets can also count toward the requirement at defined ratios.

The I-864 obligation lasts until the beneficiary becomes a US citizen, accrues 40 quarters of work credit, leaves the country permanently, or dies. It doesn’t end at divorce.

Getting the I-864 wrong is one of the most common reasons family cases are sent Requests for Evidence (RFEs), so we treat it as a load-bearing piece of the package, not boilerplate.

K-1 Fiancé(e) Visas

If you’re a US citizen planning to marry a foreign national, the K-1 fiancé(e) visa (http://uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens) is an alternative to a marriage-based green card.

The US citizen files Form I-129F to establish the relationship and the intent to marry within 90 days of the fiancé(e)’s entry. Once issued, the K-1 visa allows entry to the US, and the marriage must take place within that 90-day window. After the wedding, the beneficiary files Form I-485 to adjust status to lawful permanent resident.

K-1 isn’t always the fastest route — in many cases, marrying abroad and filing an I-130 spousal petition gets the beneficiary to LPR status sooner. We model both timelines at intake so you can pick the path that fits your situation, not just the one that sounds most romantic.

What Lawhive’s Flat-Fee Family Immigration Service Covers

A Lawhive family immigration engagement is scoped at intake and includes the work the case actually needs — not an à la carte menu that adds up later. Depending on the matter, that typically covers:

• Strategy call to map the relationship, the path (AOS vs. CP), and the timeline.
• Preparation and filing of Form I-130 with full supporting evidence.
• Preparation of Form I-485 (AOS) or DS-260 (consular processing) and required civil documents.
• Form I-864 Affidavit of Support, including joint-sponsor coordination when needed.
• RFE responses included in the flat fee — not billed as an extra.
• Interview prep for the beneficiary (and petitioner, where applicable).
• Real-time case updates through your Lawhive dashboard, with every USCIS receipt, notice, and action visible to you.

The whole engagement runs digital-first. You upload documents from your phone, sign electronically, message your attorney in the dashboard, and never play phone tag for a status update.