Family Immigration Lawyers in Boston, MA

Our Boston Family Immigration Attorneys Help Families Navigate the U.S. Immigration Process and Secure Green Cards

Reuniting with your family in the United States is one of the most important steps you can take for your future. It can also be one of the most complex. Family-based immigration involves strict eligibility rules, detailed documentation, financial sponsorship requirements, procedures that vary depending on the status of the petitioner, the family relationship, and the location of the applicant, government processing times, and annual numerical limitations based on the status of the petitioner, the relationship and the country of birth.

A family immigration lawyer can help simplify the visa and green card process by identifying the best path, preparing the required forms with the most appropriate supporting evidence, helping avoid unnecessary delays, and guiding your family through each step with clarity.

At FitzGerald Law Company, our Boston family immigration lawyers have more than 30 years of experience helping U.S. citizens and lawful permanent residents sponsor spouses, parents, children, and siblings for green cards and other family-based immigration benefits.

Whether you are filing a new petition, responding to a USCIS request, preparing for consular processing, or resolving complications in an existing case, we provide strategic guidance tailored to your family’s goals.

Our client-focused approach emphasizes thorough preparation, clear communication, and proactive solutions designed to minimize delays and avoidable setbacks. Serving a diverse community, more than 80% of our team is bilingual in English and Spanish, allowing us to provide personalized, responsive support throughout every stage of the immigration process. You are never treated like a case number; you work directly with a dedicated legal team focused on helping your family pursue the strongest available immigration strategy.

Schedule a Consultation with a Boston Family Immigration Lawyer Today

If you are ready to begin the process of bringing a loved one to the United States, or if you need help with a pending family-based immigration case, our team is ready to assist you.

A consultation with FitzGerald Law Company will provide:

• A clear understanding of your immigration options and costs
• A personalized legal strategy tailored to your family’s situation
• Guidance and answers to your questions from a team with more than 30 years of immigration law experience
• Support in English or Spanish from a responsive multicultural legal team
• Help preparing for USCIS requirements, documentation, timelines, and next steps

Call +1 (617) 303-2600 (ext. 0) to schedule a consultation with one of our experienced family immigration lawyers, or complete our online appointment request.

How a Family Immigration Lawyer Can Simplify Your Visa Process

Family immigration can seem straightforward at first: a U.S. citizen or lawful permanent resident wants to apply for their family member to have Legal Permanent Resident status in the United States. However, in practice, the process generally involves multiple government agencies, changing processing times, detailed forms, financial sponsorship requirements, background checks, interviews, and possible legal issues that must be addressed before approval.

A family immigration attorney can help by:

• Determining whether the petitioner and beneficiary qualify under the immigration rules governing family-based residency petitions
• Explaining whether the case involves an immediate relative category or a family preference category
• Preparing and filing the appropriate immigrant petition
• Reviewing the birth certificates, marriage certificates, divorce records, tax records, court records, immigration records, and other necessary documentation, to verify they meet the legal requirements
• Reviewing financial sponsorship records to assess whether they meet the legal standard, or whether a joint sponsor may be necessary
• Evaluating whether the beneficiary may pursue adjustment of status to obtain residency in the United States or whether residency should be processed at a U.S. Consulate abroad
• Guiding the family through requests for evidence, interviews, delays, and other possible complications
• Identifying legal issues that may require either an I-601 or I-601A waiver, court strategies, or immigration requests such as parole or an I-212 permission to re-enter after a deportation or removal order

For many families, the value of working with a family immigration lawyer is not only in preparing forms. It is in understanding the full picture before the case is filed, so the family can avoid preventable problems and make informed decisions from the beginning.

Understanding Family-Based Immigration

Family-based immigration allows eligible U.S. citizens and lawful permanent residents (green card holders) to apply for or sponsor certain family members for lawful permanent residence in the United States (a green card). This immigration pathway helps reunite families and create opportunities for loved ones to live and work legally in the United States.

A green card grants permanent resident status, allowing individuals to reside and work in the U.S. indefinitely, providing greater stability, employment opportunities and a pathway toward U.S. citizenship, provided they continue to meet the requirements for maintaining lawful permanent residence.

In family-based immigration cases, the U.S. citizen or lawful permanent resident is the petitioner, and the family member whom they are applying for is the beneficiary. The petitioner must generally prove the qualifying family relationship and show that they can financially support the family members they are sponsoring.

Not Sure Whether Your Relative Qualifies for a Green Card?

Every family immigration case is different. The correct strategy depends on the petitioner’s immigration status, the family relationship, the beneficiary’s age and marital status, prior immigration history, criminal history, location, and eligibility to adjust status or complete consular processing.

Speak with an experienced Boston family immigration lawyer.

Call 617-303-2600 (ext. 0) to book an appointment or request one online.

Family-Based Immigrant Visas and Green Card Eligibility

There are two main categories of family-based immigration petitions:

• Relatives of U.S. citizens
• Relatives of lawful permanent residents

Some relatives of U.S. citizens are considered immediate relatives. These cases may be treated differently from family preference categories because visas are generally available without the same type of preference-category waiting period. Other relatives fall into family preference categories, where applicants may need to wait for visa availability based on the U.S. Visa Bulletin.

U.S. Residency (Green Card) for Relatives of U.S. Citizens

U.S. citizens may be able to file family-based immigration petitions for certain eligible relatives, in the following categories:

• Spouses
• Parents
• Unmarried children under 21
• Unmarried sons and daughters over 21
• Married sons and daughters
• Brothers and sisters

The timeline for each category can vary significantly. Spouses, parents, and unmarried children under 21 of U.S. citizens may follow a different path than adult children, married children, or siblings. For family preference categories, the I-130 petition may be only the first step, and the beneficiary may need to wait for a visa number to become available before completing the green card application process.

A family-based immigration lawyer can help determine the proper category, review whether adjustment of status or consular processing applies, and identify any issues that could affect approval. For additional background, review USCIS information about family-based Green Card petitions and State Department information about family-based immigrant visas.

Residency for Relatives of U.S. Lawful Permanent Residents

Lawful permanent residents may be able to file family-based immigration petitions for certain eligible relatives:

• Spouses
• Unmarried children under 21
• Unmarried sons and daughters over 21

Unlike U.S. citizens, lawful permanent residents generally cannot apply for Green Cards for parents, married sons or daughters, or siblings. If the petitioner later becomes a U.S. citizen, the case may need to be reviewed to determine whether the visa category changes and whether the change affects the overall strategy.

Because timing, eligibility, and documentation requirements can be different for relatives of lawful permanent residents, it is important to understand the process before filing. USCIS also provides information about family preference immigrants.

Family Green Card Processing Times

Processing times are subject to change and can vary depending on the type of petition, service center managing the petition, country of origin, consular processing requirements, and current government workload. Our family immigration lawyers can review your situation and help you understand the expected timeline for your specific case. Families may also review the USCIS I-130 and I-485 Estimated Processing Times.

When do you Need an Affidavit of Support to Sponsor a Family Member?

In family-based immigration, the person filing the petition is a U.S. citizen or lawful permanent resident with a qualifying family relationship to the beneficiary. The petitioner must generally prove both the family relationship and the ability to support the intending immigrant financially. This is where many families have questions about sponsorship.

A qualifying family member may file the immigrant petition. A non-family member generally cannot file the family-based immigrant petition themselves. However, in some cases, a non-family member may be able to serve as a joint financial sponsor if the petitioner does not meet the required income guidelines. A joint sponsor must meet the legal requirements to provide financial support and must understand the obligations involved. Families should review financial sponsorship early in the process, including USCIS guidance on the Affidavit of Support.

Get a Personalized Family Immigration Strategy

Whether you are petitioning for a spouse, parent, child, or sibling, our attorneys can evaluate your options and help you avoid costly mistakes before filing.

Take your first step and schedule a consultation with one of our top Immigration Lawyers today.   Call 617-303-2600 (ext. 0) to book a meeting or complete our online meeting request. 

What Is the Duration of a Family U.S. Residency / Green Card?

Once lawful permanent residency is approved, the person may remain a permanent resident as long as they continue to live primarily in the United States and follow the requirements for maintaining permanent resident status. The physical green card itself usually must be renewed every 10 years.

The need to renew the card does not necessarily mean permanent resident status has expired, but maintaining valid proof of status is important for travel, employment verification, and there is a requirement under the law for all Lawful Permanent Residents to keep their green card on them at all times, or they can be fined $100.00, and even be sentenced to jail according to Section 265(e) of the Immigration & Nationality Act.

Family Benefits of U.S. Residency

A family-based green card can provide significant benefits. Lawful permanent residency allows the family members to:

• Live permanently in the United States
• Work legally in the United States
• Study in the United States
• Travel internationally, subject to the rules for maintaining permanent residence
• Apply for resident status in the United States for other family members
• Apply for U.S. citizenship when eligible

In some cases, the spouse or child of the primary person receiving residency through a family-based petition, may be included as a derivative beneficiary. In other cases, separate petitions may be required. This distinction is important, because misunderstanding derivative eligibility can cause delays or prevent a family member from receiving benefits.

What Is a Derivative Beneficiary?

A derivative beneficiary is a spouse and / or qualifying child of a principal beneficiary of an Immigrant Visa petition (Form I-130, Form I-140, or Form I-360) who are eligible to apply for residency under the same Immigrant Visa Petition as the principal beneficiary, if the petition is subject to a Visa Bulletin category.

For example:

• If a U.S. citizen filed an Immigrant Visa petition, Form I-130, for a sibling, and that sibling has a spouse and / or a qualifying child, the spouse and / or child would be able to file an application to receive residency through the same Immigrant Visa petition.
• If a business filed an Employment-based Immigrant Visa petition, Form I-140, for a worker, the worker’s spouse and / or qualifying child would be able to file an application to receive residency through the same I-140, Immigrant Visa petition.
• On the other hand, if a U.S. citizen files an Immigrant Visa petition, Form I-130, for a spouse, the spouse’s child is not automatically included as a derivative beneficiary. In many cases, the U.S. citizen may need to file a separate petition for the child.

Because derivative beneficiary rules vary by petition type, families should confirm eligibility before assuming that one petition covers every family member. FitzGerald Law Company also provides information on U.S. residency / green cards for stepchildren of American citizens.

Which children qualify as a Derivative Beneficiary?

A Biological child who was under 21 years of age when the “Principal Beneficiary,” was eligible to file for resident status with an I-485 or a DS-260 generally qualifies as a derivative beneficiary.

If a child is over 21 years of age, then the case must be examined pursuant to the Child Status Protection Act to determine if they qualify as a Derivative Beneficiary.

A step-child may also be a Derivative Beneficiary, but only if the marriage that created the Stepchild relationship occurred prior to the child’s 18^th Birthday.  If the stepchild is over 21 years of age, then the case must be examined pursuant to the Child Status Protection Act to determine if they qualify as a Derivative Beneficiary.

What Documentation Do I Need to Apply for U.S. Residency for Family Members?

Family-based immigration requires careful documentation. The specific documents needed depend on the relationship, the immigration history of the beneficiary, whether the case involves adjustment of status or consular processing, and whether there are any complications. Typical documentation may include:

• Birth certificates
• Marriage certificates
• Divorce certificates, if applicable
• Proof of the petitioner’s U.S. citizenship or lawful permanent resident status
• Federal tax returns, W-2s, 1099s, Schedule C, and other tax-related documents
• Evidence of income and financial sponsorship
• Joint sponsor documents, if necessary
• Passport-style photographs
• Copy of the beneficiary’s passport
• Copy of the beneficiary’s I-94, if applicable
• Prior immigration applications and records
• Court records, if applicable
• Evidence of eligibility under INA § 245(i), if applicable
• Translations for documents not in English that are complete and accurate

Incomplete, inconsistent, or poorly organized documentation can lead to requests for evidence, delays, or denials. A family immigration attorney can help determine what documents are required and how they should be presented.

What Is the Process to Obtain U.S. Residency Through a Family Member?

The family green card process can vary depending on the petitioner’s status, the beneficiary’s location, the family relationship, and the facts of the case. In general, the process may involve:

• Determining eligibility and the proper family-based category
• Filing the immigrant visa petition, Form I-130, along with the required supporting documentation
• Filing of a Form I-485, for Adjustment of Status, if the Beneficiary is present in the United States and is eligible
• Waiting for approval of the petition and, if applicable, visa availability according to the Visa Bulletin
• If the Beneficiary is not eligible to apply for adjustment of status in the United States, or if they chose not to file for adjustment of status, then they file a Form DS-260 and complete the processing of their application for residency through the U.S. Consulate
• Preparing financial sponsorship documents
• Submitting required forms and supporting evidence
• Attending biometrics appointments, interviews, or consular appointments
• Responding to any requests for evidence or additional documentation
• Receiving a decision from the government

There are three different procedures depending upon the status of the petitioner, the relationship with the beneficiary, and the individual circumstances of the applicants. Navigating each stage requires careful review and preparation. Read more on the family Green Card / Residency process.

Common Challenges in Family Immigration Cases

Family immigration cases can become complicated even when the family relationship is real and well documented. Common challenges include delays, missing documents, prior immigration issues, criminal history, financial sponsorship concerns, prior immigration petition denials, and uncertainty about whether the applicant can remain in the United States during the process.

Concerned About Delays, Prior Immigration Issues, or Criminal History?

Many immigration challenges can be addressed with the right legal strategy and help. Our attorneys can evaluate your situation and explain your available options before you move forward.

Don’t take unnecessary risks. Speak with a Family Immigration Attorney.  Call 617-303-2600 to schedule your consultation Today or fill out our online appointment request.

Family Green Card Processing Time Delays

Family immigration processing times can be difficult for families, especially when spouses, parents, children, or siblings are separated. Delays may be caused by USCIS workloads, consular backlogs, requests for evidence, visa bulletin wait times, missing documentation, or background checks.

A family immigration lawyer can help avoid unnecessary delays by submitting appropriate documentation, provide guidance on the expected timeline, monitor case progress, and evaluate whether additional legal action may be appropriate in cases of unreasonable delay, including filing lawsuits against USCIS / writs of mandamus when appropriate.

Issues With Paperwork and Documentation in Family Immigration Applications

Family immigration petitions require extensive documentation. Small inconsistencies can create problems, especially when the information recorded on birth certificates, marriage certificates, divorce records, tax filings, immigration documentation, or court records do not match perfectly or contain errors. A family immigration attorney can help review records before filing, identify possible issues, and prepare a case that clearly explains the family relationship and eligibility for benefits.

Waivers and Inadmissibility Issues in Immigration Petitions

Some applicants may need to address legal issues before they can receive a green card. These may include unlawful presence, prior immigration violations, misrepresentation concerns, or issues due to prior criminal history. When these issues arise, the family member may need to file an immigration waiver to overcome these issues of inadmissibility.

Criminal Charges and Immigration Consequences

Criminal history can have serious immigration consequences, even in cases that may seem minor.

Families should be especially cautious if the beneficiary has ever been arrested, charged, convicted, or placed in criminal proceedings. Criminal convictions can even impact whether or not a Petitioner is eligible to file for a family member. The attorneys at FitzGerald Law Company have experience in both immigration and criminal defense matters, allowing our team to properly evaluate how criminal charges or convictions and immigration issues may affect your immigration options.

Family Immigration Detention in the United States

If a family member is detained, placed in removal proceedings, or stopped by the immigration authorities (ICE), the situation can become urgent. Detention of a family member in the United States may involve a number of different legal actions with immigration courts, petitions for release on bond, custody responsibilities, and strict deadlines.

In these situations, families should speak with an immigration lawyer as soon as possible to understand the available options and responsibilities, including deportation / removal defense in general, as well as Cancellation of Removal / 10 Year Law when possible.

Public Benefits and Financial Considerations for Family Green Card Petitions

For any person filing a family-based residency petition, it is important that both the petitioner and the beneficiary properly file tax returns with all income reported, the correct filing status, and evidence to support deductions and dependents.

Financial records can matter because family-based immigration often requires proof that the intending immigrant will have adequate financial support in the United States.

Families should also be prepared to address any history of public benefits, household income issues, or joint sponsor needs. Because tax, income, and public benefit-related issues can affect the case, these questions should be reviewed before filing.

Why Family Immigration Cases Get Denied?

Many family-based immigration petitions are approved each year, but approval is never automatic. Even when the family relationship is genuine, applications can be delayed or denied if important legal or procedural requirements are not met.

Some of the most common reasons family immigration cases are denied include:

• Incomplete, inconsistent or Inaccurate Documentation
• Insufficient Financial Support
• Prior Immigration Violations or Marriage Fraud Concerns
• Criminal History
• Questions About Validity of Family Relationship
• Failure to Respond to Government Requests (i.e. RFEs and NOIDs)
• Medical or Inadmissibility Issues
• USCIS interview problems

For example, one of the most common reasons that family immigration applications are denied is due to issues with the supporting documents. It is critical that the documents establish the qualifying relationship and that they are reliable. For example, if a Birth Certificate is recorded late then it is often disregarded as reliable evidence of a qualifying family relationship and should be supplemented with additional evidence such as school records or DNA tests. Cases that do not have sufficient and appropriate evidence are the ones most likely to be denied. Immigration lawyers like the ones at FitzGerald Law Company can evaluate the records in a case to ensure they will be deemed acceptable by Immigration.

What Are the USCIS Filing Fees Needed?

Family-based immigration cases involve the payment of filing fees for forms and applications, such as Form I-130, Form I-485, biometrics, and other costs depending on the case. Filing fees change, so applicants should verify current fees before submitting any petition or application. Visit the USCIS filing fees page to verify current filing fees.

Filing fees can no longer be paid with regular checks, bank checks or money orders. Now payable only with electronic payments, such as credit cards, debit cards or electronic checks, filing the appropriate form for they payment type to be used.

What Are the Legal Fees to Petition for U.S. Residency for a Family Member?

Legal fees vary depending on the type of case, the complexity of the facts, the number of applicants, and whether the matter involves additional issues such as waivers, removal proceedings, prior denials, or criminal history.

At FitzGerald Law Company we publish our immigration legal fees, so prospective clients know what to expect before moving forward. You may also request an initial consultation with a family immigration lawyer at FitzGerald Law Comany.

Why Choose FitzGerald Law Company as Your Family Immigration Lawyer?

A good family-based immigration lawyer can help you understand which path applies, what documents are needed, how long the process may take, and what risks should be addressed before filing.

Clients choose our legal team at FitzGerald Law Company, because we offer:

• More than 30 years of immigration law experience
• Detailed legal strategy for family-based green card cases
• Support for all types of immigration matters, including the most complex ones
• Bilingual English and Spanish communication and a dedicated and empathetic multicultural team
• Experience with immigration, criminal defense, waivers, removal defense, and federal lawsuits
• A personalized approach for each family’s unique circumstances
• Responsive guidance throughout the process

Our goal is to help families pursue the strongest available path while avoiding preventable mistakes and unnecessary delays.

What Questions to Ask a Family Immigration Lawyer

The best immigration lawyers should have experience in a wide variety of complex immigration matters as well as immigration federal litigation and should be able to answer your questions in a detailed and clear manner.

During an initial consultation, consider asking:

• Do I qualify to petition for my family members?
• Which family-based immigration category applies to my case?
• Can my relative adjust status in the United States, or will consular processing be required?
• How long is the process likely to take?
• What documentation will we need?
• Are there any legal issues that could cause delays or denials?
• Will we need a joint sponsor?
• What happens if USCIS requests more evidence?
• Can you help if my family member is in removal proceedings, immigration detention or if they have had criminal issues in the past?

Client Testimonials

Read what clients have shared about their experiences working with FitzGerald Law Company and the support they received throughout their legal journey. Read all reviews.

Ready to Bring Your Family Together in the United States?

Contact FitzGerald Law Company today to discuss your options. Our experienced family immigration lawyers have helped families apply for green cards, immigrant visas, waivers, and with complex immigration challenges for more than 30 years.  Book a consultation with one of our top family immigration lawyers.  Call +1 (617) 303-2600 or complete our online consultation request.

Where Can I Get More Information on Green Cards for Families of U.S. Citizens and Lawful Permanent Residents?

The following resources provide additional information about family-based immigration, green cards, sponsorship, and related issues:

• How to bring spouses to live in the United States as permanent residents
• How to bring children, sons, and daughters to live in the United States as permanent residents
• State Department information on family-based immigrant visas
• USCIS information on family-based green cards
• U.S. legal permanent residency for an immediate relative of a U.S. citizen
• U.S. Green Card for other family members of a U.S. citizens or of lawful permanent residents
• Green card Eligibility Categories
• Rights and responsibilities of a U.S. green card holder
• International Travel as a Legal Permanent Resident or Green Card holder        
• I-191 Relief from removal for Green Card holders
• Classes of individuals who may be ineligible to receive U.S. visas
• U.S. embassies and consulates
• Video on U.S. residency for stepchildren
• Newsletter on U.S. Green Card / Residency petitions for family members and estimated wait periods