Arsen V. Baziyants, Immigration Attorney
Law Offices of Arsen V. Baziyants · Las Vegas, Nevada
Last updated: October 5, 2026
A family relationship is often the beginning of an immigration case. It is not the whole case. The right process depends on who is petitioning, the relative’s immigration history, visa availability, and whether the person can apply in the United States or must complete processing abroad.
This guide explains the principal decisions in a family case and points to more detailed resources. It provides general information, not advice about an individual’s eligibility. Arsen V. Baziyants has practiced U.S. immigration law since 2008, with a primary focus on marriage and family immigration, waivers, and naturalization.
Start with the family petition
Form I-130 asks USCIS to recognize a qualifying family relationship. The petitioner’s citizenship or permanent resident status, the relationship, and sometimes the beneficiary’s age and marital status determine the category. Immediate-relative and family-preference categories have different rules for visa availability.
An approved petition does not, by itself, give the beneficiary lawful status, permission to work, or a green card. Those questions belong to the next stage of the case. See our family immigration overview and USCIS guide to petitioning for a relative.
Marriage-based green cards: eligibility and evidence
A marriage case requires evidence of a legally valid marriage and a real shared life. A marriage certificate establishes the marriage; a thoughtful record of the relationship helps explain its history. Financial records, housing documents, family records, and other evidence should be relevant and consistent with the couple’s actual circumstances.
Before preparing forms, identify prior marriages, previous immigration filings, entries and departures, and any criminal or immigration issues. A strong relationship does not eliminate a separate eligibility problem. Our marriage immigration page explains the practice’s approach to preparation.
Adjustment of status or consular processing?
Adjustment of status is an application for permanent residence from within the United States. Being physically present in the country does not establish eligibility. Entry history, status, category, visa availability, and any applicable exceptions must be examined before choosing this route.
Consular processing generally involves an immigrant visa application abroad after the family petition stage. These routes should not be treated as interchangeable. Review the comparison of adjustment and visa processing and the adjustment of status guide.
What happens at the National Visa Center?
In consular cases, the National Visa Center generally handles pre-processing after USCIS petition approval. This includes fees, the immigrant visa application, civil documents, and financial sponsorship evidence. NVC document review and a consular officer’s eligibility decision are separate steps.
Follow the instructions for the assigned consulate, including medical examination and interview preparation. Do not make permanent financial or travel commitments on the assumption that a visa will be issued. The Department of State explains NVC processing and the immigrant visa interview.
Conditional residence and Form I-751
If permanent residence through marriage begins before the marriage is two years old, residence is generally conditional. Removing those conditions is a separate process. A joint Form I-751 is generally filed during the 90 days before the second anniversary of conditional residence.
Divorce, separation, a spouse’s death, or an inability to file jointly requires closer attention. Individual filings and waivers have distinct requirements; do not assume that the ordinary joint-filing deadline answers every situation. See our I-751 petitions and waivers page and USCIS conditional residence fact sheet.
When an immigration waiver may matter
A waiver addresses a particular ground of inadmissibility when the law permits it. Form I-601 and Form I-601A serve different purposes. A provisional I-601A waiver concerns specified unlawful-presence grounds before departure for an immigrant visa interview; it does not resolve every possible inadmissibility issue or guarantee a visa.
Identify the precise ground, whether a waiver exists, and the applicable qualifying-relative and evidence requirements before making travel plans. Our waiver overview and the official I-601A instructions provide further context.
Naturalization is a separate eligibility review
Permanent residence can lead to citizenship, but time alone is not enough. Naturalization involves residence, physical presence, good moral character, and other requirements. Some applicants married to U.S. citizens qualify under a three-year provision when its conditions are met; many others apply under the general five-year provision.
Review extended travel, the basis of permanent residence, prior applications, and any legal issues before filing. The naturalization page and N-400 instructions explain the next stage.
Common mistakes to avoid
- Assuming that marriage or an approved I-130 automatically fixes immigration status.
- Choosing a filing route before reviewing entry and travel history.
- Submitting inconsistent dates or answers without explaining the underlying facts.
- Overlooking financial sponsorship, prior filings, or a notice deadline.
- Treating published processing times as a promise about an individual case.
- Traveling before evaluating the effect on a pending application or possible inadmissibility.
Prepare for the process, not just the filing
Keep a complete copy of every submission and notice. Read requests for evidence carefully and respond to the actual questions within the stated deadline. USCIS may require biometrics, additional evidence, or an interview depending on the application and circumstances. An interview should be prepared from the record already submitted, not from rehearsed answers disconnected from the facts.
Cases involving prior denials, removal orders, misrepresentation concerns, criminal history, repeated departures, or uncertain entry records deserve individual legal analysis. A family relationship may be straightforward while the immigration history is not.
Discuss your family immigration matter
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Rules, forms, and agency procedures change. Check the current government instructions before taking action. Reading this guide does not create an attorney-client relationship.