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New York Family Immigration Attorneys
Marriage & Family-Based Petitions in Nassau County
To lawfully, and permanently reside in the United States, it is first necessary to become a Legal Permanent Resident (LPR), or "Green Card" holder as it is known.
"Green Card" holders can live anywhere in the U.S., work most jobs, and after a certain period of time, can apply for citizenship through the naturalization process. While there are numerous paths to Legal Permanent Residence and issuance of a "Green Card", many people obtain their "Green Cards" through family immigration, a process where current U.S. citizens and lawful permanent residents sponsor qualifying loved ones.
Many people are of the mistaken opinion that immigration law simply requires the filling out of paperwork. This cannot be further from the truth. Immigration law is a complex area of practice that requires knowledge and experience of which forms to file, whether a person is eligible at all, and whether any waivers or FOIA requests are necessary. Additionally, the inclusion of appropriate supporting documentation is always imperative. It is prudent to be very wary of someone who tells you, they can get you a work permit, without more explanation. This is a common way that we have seen immigrants scammed in the past. Be sure to ask to see proof that they are a licensed attorney in the United States.
At Mazzei & Polk, LLC, we understand the challenges you may experience on your immigration journey. We know the emotional toll, and have the legal resources to help make the process as painless as possible. Our team can determine whether you or your loved ones qualify for family or marriage-based petitions and can assist you with the preparation of your application. Your family’s future in the United States is important to us, and we will be by your side every step of the way.
Call (516) 461-3148 or contact us online to request an initial consultation with our New York family immigration lawyers.
Who Qualifies for Family Immigration?
Family immigration involves the sponsorship of a U.S. citizen or Legal Permanent Resident ("Green Card" holder) of certain family members. The processing times and the eligibility change depending upon the immigration status of the petitioner.
There are two categories of family immigration: Immediate Relatives, and Family Preference Categories.
- Immediate Relatives: These are spouses of U.S. citizens, unmarried children of U.S. citizens under the age of 21 years, and parents of U.S. citizens who are at least 21 years old. This category receives priority over all other categories of family immigration and there is no yearly limit to the number of visas that can be issued under this category.
- Family Preference Category: This category is for certain relatives who do not qualify under the immediate relative category and is subject to annual numerical limitations on the visas, resulting in sometimes very lengthy wait times which can vary depending upon the applicant’s home country and relationship to the petitioner. The following is a list of family preference categories:
- First preference (F1) - unmarried sons and daughters (21 years of age and older) of U.S. citizens;
- Second preference (F2A) - spouses and children (unmarried and under 21 years of age) of lawful permanent residents;
- Second preference (F2B) - unmarried sons and daughters (21 years of age and older) of lawful permanent residents;
- Third preference (F3) - married sons and daughters of U.S. citizens; and
- Fourth preference (F4) - brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).
Distant relatives, such as cousins, aunts, uncles, grandparents, and grandchildren, are not eligible under any of the above categories. If you are not sure whether you or a loved one qualifies, our attorneys can assess your case and walk you through potential options.

Why choose Mazzei & Polk, LLC?
Trust, Communication, Results
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Every client’s situation is unique. We take the time to understand your story and tailor our strategies to meet your specific needs.
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We prioritize keeping you informed at every stage of your case, answering your questions promptly and ensuring you feel confident in the process.
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Your concerns are our concerns. We work diligently to protect your rights and pursue the best possible outcomes for your case.
Navigating the Family Immigration Process
1. Step One: The Petition The first step to the process, regardless of whether you are an immediate relative or family preference category, is the filing form I-130. This application must include the appropriate supporting evidence and often can result in a rather large application packet.
2. Step Two: Approval and Visa Availability
- Immediate Relative: No waiting time at all between the filing of the I-130 and the availability of a visa.
- Family Preference Category: It is necessary to review the charts on the USCIS website to determine the wait time. This can vary month to month, in either direction, based on your priority date and the visa bulletin for the month in which you are searching. There are two charts in the visa bulletin: “final action dates” and “dates for filing.” Which category to use will vary according to a monthly determination by USCIS.
3. Step Three: Visa Application
If Present in the USA:
- Immediate Relative: If the family member is in the U.S., it may be possible to file an adjustment application along with the I-130 petition and have both applications adjudicated together. It is important to consult an experienced immigration attorney to determine eligibility and if any waivers are necessary. A medical exam is also required (Form I-693), which must remain sealed and submitted with the application.
- Family Preference Category: If the family member is in the U.S., they may be eligible to adjust their status, depending on their individual circumstances. An experienced immigration attorney should evaluate the case.
If Present Abroad:
- Immediate Relative Category: If the family member resides abroad, the case is forwarded to the National Visa Center (NVC), which will assign a case number and provide instructions for the following:
- Affidavit of Support: I-864
- DS-260 (filed via the CEAC website)
- Submission of civil documents (e.g., marriage and birth certificates)
- Payment of visa processing fees
- Scheduling of a medical examination and interview.
- Family Preference Category: Once a visa becomes available based on priority date and the current visa bulletin, the case is forwarded to the NVC, which will provide similar instructions for filing the necessary documents and scheduling the medical exam and interview.
4. Step Four: Medical Examination In all instances, a medical examination will be required. The manner in which this is conducted, and its associated requirements and costs, will vary depending on whether the relative is present in the U.S. or abroad.
5. Step Five: Interview
- If Present in the USA: If you were eligible and filed to adjust your status in the U.S., you will likely be asked to attend an interview with your sponsoring family member. If all goes well, you will receive approval by mail and then your "Green Card" shortly thereafter.
- If Present Abroad: If you have filed through consular processing, the interview will take place in your home country. The sponsoring applicant is generally not required to attend. A consular officer will review your documents and, if satisfied, will issue a visa for travel to the U.S. as a Legal Permanent Resident. You will receive a sealed envelope to bring to the airport, which must not be opened. After entering the U.S., your "Green Card" will be mailed to you within a few weeks to several months.
In all situations, regardless of Adjustment of Status or Consular Processing, the U.S. citizen or Legal Permanent Resident (LPR) sponsoring the family member must demonstrate financial support by showing that their income exceeds 125% of the poverty line for their household size. If this cannot be shown, a joint sponsor will be required. This is a legally binding contract between the sponsor and the U.S. government and should not be taken lightly.
