Family-Based Immigration Petition

Immigration is not paperwork. Every visa stamp in a passport carries someone’s whole life behind it.

 99.4% Approval Rate

18+ YEAR | 48+ COUNTRIES | 250+ UNIVERSITIES | 6 SECTORS | IMMIGRATION | INVESTMENT | EDUCATION | TEXAS-BASED |

18+ YEAR | 48+ COUNTRIES | 250+ UNIVERSITIES | 6 SECTORS | IMMIGRATION | INVESTMENT | EDUCATION | TEXAS-BASED |

Overview

What Family-Based Immigration Petition​ Means?

You are a U.S. citizen or a green card holder. Someone you love is waiting on the other side of a border. Every day that passes feels like a day wasted. Because it is.

The U.S. immigration system was designed to keep families together. But it was not designed to be easy to navigate. The forms are precise. The rules are specific. The timelines are long. The cost of a mistake is not a fine. It is months, sometimes years, added to an already difficult wait.

For more than 18 years, MY-VIET, INC. has helped individuals, families, and businesses with legal document preparation and education consulting, serving clients in Dallas, Houston, across the United States, and in over 48 countries.We have helped thousands of families reunite. Vietnamese families, Chinese families, Mexican families, families from every part of the world who love someone who is somewhere else. We know what it takes. We know what USCIS looks for. Our goal is simple: to make a confusing process clear, so you can move forward with confidence

ELIGIBILITY

Who can Sponsor a Family Member for U.S. Immigration?

This matters before anything else. The U.S. immigration system draws a sharp line between U.S. citizens and lawful permanent residents (green card holders), and that line determines who you can petition for.

If you are a U.S. citizen, you can petition for:

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

If you are a lawful permanent resident (green card holder):

  • Your spouse
  • Your unmarried children (any age)
Important: Green Card Holders Have Limited Petition Rights Green card holders cannot petition for parents, siblings, or married children. This is one of the most common misconceptions we encounter, and one of the most painful when someone discovers it after years of waiting.

THE PETITION

Form I-130: The Petition That Starts Everything

Every family petition begins with Form I-130, Petition for Alien Relatives. You file this form with U.S. Citizenship and Immigration Services (USCIS) to formally establish that a qualifying family relationship exists.

What Form I-130 Does NOT Do

  • It does not grant a visa.
  • It does not grant a Green Card.

What Form I-130 DOES Do

  • Establishes your qualifying family relationship in the eyes of the U.S. government.
  • Places your family member in the correct petition category.

After the I-130 is approved, your case travels one of two paths. If your family member is outside the United States, the case goes through consular processing: an interview at a U.S. embassy or consulate in their country, and eventually an immigrant visa. If your family member is already inside the United States on a valid visa, they may apply for adjustment of status without leaving. Which path fits your situation depends on the specifics of your case.

PROCESSING TIMES

Realistic Timelines

for Family-Based Immigration

People deserve the truth about how long this takes.

The U.S. immigration system is not designed for speed. Here is what current processing data actually shows.

Spouse of U.S. Citizen

12 to 24 months to interview

Parents of U.S. Citizen

12 to 24 months to interview

Siblings of U.S. Citizen

15 to 25+ years (F4 category)

Adult or Married Children of U.S. Citizen

Several years (preference category)

Spouse or Children of Green Card Holder

2 to 6 years (preference category)

Unmarried Children Under 21 of U.S. Citizen

12 to 24 months to interview

A Note for Married Couples: CR-1 vs. IR-1

If you have been married less than two years when your spouse enters on an immigrant visa, they receive a conditional Green Card (CR-1) valid for two years rather than a full ten-year card (IR-1). Within 90 days before that card expires, you both file Form I-751 to remove the condition. Many couples are surprised by this. Now you know.

About Sibling Petitions

Siblings fall into the F4 preference category, the lowest priority tier in family-based immigration. The backlog is not a temporary delay. It is a structural reality built into the law. For most countries, the wait is 15 to 25 years. For the Philippines and Mexico, it runs longer. Filing a sibling petition today means your sibling may not arrive until your children are grown. That is a grief, not just a timeline. We will sit with you in that conversation honestly, and help you decide whether filing still makes sense for your family.

STEP-BY-STEP PROCESS

STEP-BY-STEP PROCESS

How the Process Works

Intial Consultation

Document Collection

Petition Preparation

USCIS FIlling

RECEIPT NOTICE

USCIS REVIEW & PROCESSING

APPROVAL NOTICE

NVC PROCESSING

CONSULAR INTERVIEW

VISA ISSUED / GREEN CARD APPROVED

ENTER UNITED STATES

PERMANENT RESIDENT U.S. CITIZEN PATH

Common Challenges

That Delay Family Petitions

Many family petitions are delayed not because the family relationship is in doubt, but because important details are overlooked. Careful preparation from the beginning prevents months of unnecessary delay.

Filing the wrong petition category.

Different family relationships follow different rules, waiting periods, and eligibility requirements.

Not every relative qualifies under the same immigration category, and petitioners must meet specific legal requirements before filing.

Missing birth certificates, marriage certificates, divorce decrees, adoption records, or other required documents can stall a case.

Names, dates of birth, addresses, and family relationships must match across every form and supporting document.

USCIS requires clear evidence establishing the legal relationship between the petitioner and beneficiary.

Every non-English document must include a certified English translation that meets USCIS requirements.

Using the wrong form edition or payment amount can result in rejection before the case is reviewed.

Blank answers, missing signatures, or omitted information lead to rejected or delayed applications.

Missing tax returns, employment verification, or financial records may delay Affidavit of Support processing.

Missing a deadline or submitting an incomplete response can significantly delay or jeopardize a case.

Immediate relatives and preference categories have different processing times, visa availability, and procedures.

Missing important notices because of an outdated address creates complications that are entirely avoidable.

Certain actions during a pending case may affect eligibility or require a different immigration strategy.

Every family petition tells a family’s story. Our role is to review every form, document, and supporting record carefully so the case is complete, accurate, and well-organized before it is submitted, helping reduce avoidable delays and unnecessary requests for additional evidence.

FINANCIAL REQUIREMENTS

The Income Requirement

You May Still Qualify

Many people assume they do not qualify because their income is not high enough. Before you assume that, read this. 

To sponsor a family member, you must show that your household income is at or above 125 percent of the federal poverty guideline for your household size. That calculation includes the person you are sponsoring:

  • A household of three typically needs around $27,000 per year
  • A household of five needs closer to $38,000
  • Exact figures are updated annually by the federal government

If your income falls short, there are real options. A joint sponsor is someone with sufficient income who is willing to sign a separate Form I-864 alongside yours. A joint sponsor does not need to be a family member or live with you. They simply need to meet the income threshold and be willing to help. Joint sponsorship is fully legal and used in successful petitions every day.

What You Are Agreeing To: Form I-864 Is a Legal Contract

By signing Form I-864, you accept financial responsibility for your family member until they become a U.S. citizen or are credited with 40 quarters of U.S. work history. This obligation does not end if you divorce. It does not end if you lose your job. We make sure you understand exactly what you are agreeing to before you sign.

FAQs

Frequently Asked Questions

About Family Petitions

Can I petition for my parents the moment I become a U.S. citizen?
Yes. The moment you naturalize, you can file Form I-130 for your parents. There is no waiting period. Parents of U.S. citizens are immediate relatives. There is no annual visa cap and no priority date. It is one of the most direct and generous paths in the entire system.

In many cases, yes. A joint sponsor who meets the income requirement can sign a separate Form I-864 alongside yours. This is common, fully legal, and used in successful petitions regularly. We help you identify the right person and structure the filing correctly.

It depends entirely on the specifics: how they entered the country, how long they have been here, whether there was ever a prior order of removal. Some people in this situation have a viable path. Others face serious complications. Do not take any steps without honest legal guidance. We will tell you exactly what we see.

A Request for Evidence is a notice from USCIS asking for more documentation or clarification. It is not a denial. But it is a signal that something in your file was missing or unclear. The right response is to answer every question completely, within the deadline. We help you respond fully and correctly.

No. Sibling petitions are available only to U.S. citizens, and the citizen must be 21 or older. Green Card holders cannot petition for siblings under current U.S. immigration law.

A prior denial is not automatically disqualifying, but it matters. Some prior denials have little effect on a new petition. Others require additional documentation, legal arguments, or waivers. We need to know about any prior denials upfront. It is one of the first things we ask about.

For cases in preference categories, your priority date is the date USCIS received your I-130 petition. This date determines your place in line. Each month, the U.S. Department of State publishes the Visa Bulletin, which shows which priority dates are current for each category and country. Your case cannot move to the visa stage until your priority date becomes current.

If you sponsor a spouse and you have been married less than two years when they receive their immigrant visa or adjustment of status approval, they receive a conditional Green Card valid for two years. Within 90 days before that card expires, you both must file Form I-751 to remove the conditions and receive the standard ten-year Green Card. If you do not file in time, the conditional card expires and your spouse’s status becomes uncertain. We track this deadline for our clients.

If a marriage ends before the immigrant spouse receives permanent residence, it complicates but does not automatically end their case. There are specific circumstances where a spouse can proceed independently. This is a sensitive situation that requires careful legal analysis. Contact us.

It can. Certain offenses create bars to admissibility that prevent someone from receiving a visa or Green Card. Others require waivers. The nature of the offense, when it occurred, and how it was resolved all matter. Disclose everything early. We assess the impact honestly before anything is filed.

The exact list depends on your relationship and circumstances. Generally: proof of your U.S. citizenship or lawful permanent residence, the completed Form I-130 and supporting forms, civil documents (birth certificates, marriage certificates), relationship evidence, and a completed Form I-864 Affidavit of Support. We compile the full list for your specific case and review everything before filing.

OUR APPROACH

How We Serve

Every immigration journey is different. Our role is not simply to prepare forms. It is to understand your situation, identify potential issues early, and help you submit a complete, accurate, and well-organized case.

We Listen First

Every case begins with a conversation, not a form. We take time to understand your goals, your immigration history, your family, and anything that could affect your case. What we learn at the start shapes how well we prepare.

We Identify Challenges Early

We walk through your options, your eligibility, the documents you need, and the timeline ahead. If there is a concern, we say so before filing, not after. A hard truth today is easier than a denial later.

We Prepare Your Case Carefully

We organize your forms, supporting documents, and certified translations, so your application is complete, consistent, and meets current USCIS standards before it ever leaves our hands.

We Stay With You Throughout the Process

After filing, we do not disappear. We help you read USCIS notices, respond to requests for more information, and prepare for interviews or whatever comes next.

We Build Long-Term Relationships

Many clients return, for a Green Card renewal, removal of conditions, citizenship, or a petition for another family member. We are grateful to walk with families through every stage of this journey, not just the first one.

We Treat This as What It Is

Immigration is not paperwork. It is one of the biggest decisions of a person's life, one that touches family, safety, and the future. Our goal is simple: help you move forward with clarity, careful preparation, and someone trustworthy beside you at every step.

Reasons

Why Families Choose MY-VIET, INC.

Immigration cases are not paperwork. They are years of waiting, family separations, and fear of one small mistake costing everything. We have sat with that fear for 18 years, across thousands of cases, and we know what it does to a person.

  • 18 years across Texas, Florida, and Tennessee immigration offices. We have watched forms, laws, and officers change. That history helps us catch problems before they become denials.
  • We speak your language, and the silence behind it too. The hesitation before someone admits they do not understand. We slow down for that.
  • Three offices, Dallas, Houston, and Vietnam. Trust starts face to face. Clients in all 50 states get the same attention as someone sitting across our desk.
  • The same person stays with your case, start to finish. You will not be passed around.
  • Every form checked, every deadline tracked. One missed date can undo years of work.
  • We tell the truth, even when it is not what you hoped to hear. We do not promise results no one can guarantee.
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Years of Service

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Countries Served

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School Partners

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U.S. States

Most of our clients come through referrals. It is something we earn, slowly, over years of showing up for people when it matters most.

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Years of Service

Supporting families and professionals through immigration and international education — one case, one family, one future at a time.

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Countries Served

Traveled not as a tourist but as a student — of how trust is built, how trade moves, and how cultures make decisions.

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School Partners

Built institutional relationships across the United States and Canada through years of immigration and education work.
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U.S. States

Immigration. Trade. Investment. Education. Social Impact. Media. The common thread: connecting the right people at the right moment.
THE PETITION
Common Situations We Help With
Every family petition begins with Form I-130, Petition for Alien Relatives. You file this form with U.S. Citizenship and Immigration Services (USCIS) to formally establish that a qualifying family relationship exists.

A U.S. citizen wants to bring a spouse living abroad to the United States

A green card holder wants to petition for an unmarried child

A U.S. citizen wants to sponsor their parents for permanent residence

A family is unsure which petition to file or which category applies to them

A petition was filed years ago and the family needs help tracking priority dates

A family received a Request for Evidence (RFE) and needs help responding

Someone is preparing for a consular interview at a U.S. embassy abroad

Global Synergy

Coordinated teams in Asia & USA