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EL PASO FAMILY-BASED GREEN CARD ATTORNEY

Family-Based Green Cards in El Paso: I-130 Petitions and I-485 Adjustment of Status

We petition for your spouse, parent or child and, when they are eligible to adjust status inside the U.S., file the full green card package and prepare you both for the interview at the USCIS El Paso Field Office.

Last reviewed by Robert Andrew Navar, Esq. · State Bar of Texas

A family-based green card is the most common way El Paso residents help a spouse, parent or child become a lawful permanent resident. If you are a U.S. citizen and your relative entered the United States with a visa or was inspected at the bridge, they can often apply for the green card without leaving the country through a process called adjustment of status. Permanent residents can petition for spouses and unmarried children too, though they may wait longer for a visa number. We see every version of this in El Paso: a citizen who married someone from Juárez who came on a border crossing card, a resident petitioning for a teenage son, a daughter petitioning for her mother who has lived here for decades.

The process starts with Form I-130, Petition for Alien Relative, which proves the family relationship. Immediate relatives of U.S. citizens (spouses, parents and unmarried children under 21) have a visa available immediately under INA § 201(b); other relatives fall into preference categories controlled by the monthly Visa Bulletin. If the relative is in the U.S. and eligible under INA § 245(a), we file Form I-485 with the I-130, along with Form I-864 Affidavit of Support, the Form I-693 medical exam from a USCIS civil surgeon, and usually Forms I-765 and I-131 for a work permit and travel document while the case is pending. Relatives who entered without inspection generally cannot adjust and instead need consular processing, often with a waiver.

No court is involved. Once the package is filed, USCIS schedules biometrics and then, for most marriage cases, an interview at the USCIS El Paso Field Office where both spouses answer questions about their relationship and history. You attend that interview; we prepare you for it and can be present. The danger in doing this yourself is that the I-485 asks about every entry, every period of unlawful presence and every arrest, and the wrong answer or a missing I-864 sponsor can lead to a denial and, for someone without status, placement in removal proceedings before the immigration court. Our flat fee covers the entire package so nothing is filed until it is complete and consistent.

Who can adjust status in El Paso and who must go through Juárez

Adjustment of status inside the U.S. generally requires a lawful entry: a visa, a border crossing card, parole, or an inspection at the port of entry, even if the person later overstayed. Spouses, parents and minor children of U.S. citizens are forgiven for overstaying and unauthorized work. Relatives of permanent residents must have maintained status, with limited exceptions. Someone who crossed without inspection usually cannot adjust here and instead completes consular processing at the U.S. Consulate in Ciudad Juárez, frequently after an I-601A provisional waiver. We tell you which path applies before we file anything.

The Affidavit of Support and the medical exam

Every family green card needs a sponsor who signs Form I-864 and shows income of at least 125 percent of the federal poverty guidelines for their household size, using tax returns and pay stubs. Many El Paso petitioners fall short and need a joint sponsor, usually a relative or friend, which we arrange and document correctly. The applicant also needs a medical exam on Form I-693 from a USCIS-designated civil surgeon; several practice in El Paso. Under current USCIS policy the sealed I-693 is submitted with the I-485, so we schedule the exam before filing to avoid a request for evidence.

What's included

  • Strategy consultation: adjustment of status vs. consular processing, and any waiver needs
  • Preparation and filing of Form I-130 with relationship evidence
  • Form I-485 adjustment package, including I-864 Affidavit of Support and joint sponsor documents
  • Concurrent Form I-765 work permit and Form I-131 travel document applications
  • Coordination of the Form I-693 medical exam with an El Paso civil surgeon
  • Responses to requests for evidence and a mock marriage interview
  • Attorney availability for your interview at the USCIS El Paso Field Office

How it works

01

Consultation and path selection

We review how your relative entered, their immigration history and your income, then confirm whether they can adjust status in El Paso or must process through Ciudad Juárez. You leave with a flat-fee quote and a document checklist.

02

We assemble and file the package

We prepare the I-130, I-485, I-864, I-765 and I-131, organize your relationship evidence and medical exam, and file everything together with USCIS. Receipt notices and a biometrics appointment usually arrive within a few weeks.

03

Interview and approval

We prepare you both for the interview at the USCIS El Paso Field Office and can attend with you. The work permit typically arrives while the case is pending, and the green card is mailed after approval.

Official resources

Frequently asked questions

Common questions about family-based green card (i-130 / i-485) in El Paso

How long does a family green card take in El Paso?

For spouses, parents and minor children of U.S. citizens who adjust status through the USCIS El Paso Field Office, the whole process commonly takes eight to eighteen months, with the work permit arriving earlier. Relatives of permanent residents and adult or married children of citizens wait for a visa number under the Visa Bulletin, which can add months or years. Processing times change constantly, so we give you a current range at your consultation.

Do we have to go to court for a marriage green card?

No. A family petition and adjustment of status are handled entirely by USCIS. The only appointments are biometrics and an interview at the USCIS El Paso Field Office, where an officer asks both spouses about the marriage and reviews the file. There is no judge. The exception is a person who already has a case in immigration court; if that is your situation, tell us first because the green card must be handled differently.

My spouse entered with a border crossing card and overstayed. Can they get a green card?

Usually yes, if you are a U.S. citizen. A border crossing card is a lawful, inspected entry, and immediate relatives of citizens are forgiven for overstaying and working without permission under INA § 245. This is one of the most common El Paso cases we handle. The analysis changes if your spouse left and re-entered without inspection, was ordered removed, or has certain criminal history, so we review the full history before filing.

How much does a family green card cost in El Paso?

You pay our flat attorney fee, quoted in writing at your consultation, plus the USCIS filing fees for the I-130, I-485 and any work permit or travel document, which are paid to the government and change periodically. The medical exam is paid to the civil surgeon. We list every expected cost before you commit so there are no surprises, and we do not bill by the hour for requests for evidence or interview preparation.

What if we have been married less than two years?

Your spouse receives a conditional green card valid for two years. In the 90 days before it expires, you file Form I-751 together to remove the conditions and get the permanent ten-year card. Keep joint documents from day one: leases, bank accounts, insurance, tax returns and photos. We remind our El Paso clients when the I-751 window opens and can handle that filing as a separate flat-fee matter.

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