How long does family-based immigration take for a Miami resident sponsoring a spouse?

For immediate relative spouses of U.S. citizens, there is no annual cap — a visa number is available as soon as USCIS approves the I-130. Total processing time varies widely based on USCIS workloads and whether adjustment of status or consular processing is used, but as of June 2026, petitioners should plan for at least 12–24 months in many cases. An attorney can give you a more specific estimate based on current processing times.

What is the difference between adjustment of status and consular processing?

Adjustment of status is used when the beneficiary is already in the United States and eligible to apply for a green card without leaving. Consular processing is used when the beneficiary lives abroad — the case goes through the National Visa Center and then to a U.S. consulate for an immigrant visa interview. Both paths ultimately lead to a green card, but the steps, timelines, and risks differ.

Can a lawful permanent resident (green card holder) sponsor a spouse?

Yes. LPRs can sponsor their spouses and unmarried children, but these relationships fall into the F2A preference category, which is subject to annual numerical limits and priority dates. This means there may be a waiting period before a visa number is available, unlike the immediate relative category available to U.S. citizens.

What is a priority date and why does it matter?

For family preference categories (F1–F4), your priority date is the date USCIS received your properly filed I-130 petition. It marks your place in line. You can only move forward with your green card application once the Visa Bulletin shows your priority date is 'current' for your category and country of birth. Priority dates can move forward or backward month to month.

What happens if my child turns 21 during the process?

A child who turns 21 may 'age out' of certain categories, potentially losing eligibility or being reclassified into a longer-wait preference category. The Child Status Protection Act (CSPA) provides some protections by allowing a calculation that may freeze the child's age for immigration purposes, but the rules are complex. Early legal consultation is essential if your child is approaching 21 during a pending case.

Do I need an immigration attorney in Miami for a family-based case?

You are not legally required to have an attorney, but even straightforward family cases involve documentation requirements, legal standards, and potential pitfalls — such as unlawful presence bars, RFEs, or aging-out risks — that are easy to miss without legal training. Many Miami families find that attorney fees are modest compared to the cost of a denied petition or a delayed reunion.

Family-Based Immigration Miami Guide | Fitenko Law PLLC

Learn how family-based immigration works in Miami and South Florida. Fitenko Law PLLC explains I-130, green cards, and preference categories for families.

Fitenko Law PLLC, 600 Three Islands Blvd, Hallandale Beach, FL 33009. Phone: (305) 315-3425. Email: fitenkolaw@gmail.com

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