EXPERIENCED FAMILY IMMIGRATION ATTORNEY
A family immigration attorney is a lawyer whose practice areas significantly involve cases of family-based immigration law. Family immigration law is related to the entry of immediate family members of US citizens and permanent residents into the United States via family-based visas.
The beneficiaries of family-based immigration are primarily spouses or minor children of US citizens or legal permanent residents who wish to lawfully enter and live in the US without restrictions. Under US immigration law, immediate family members are eligible for immigration benefits such as permanent residency and citizenship.
Read on to learn more about the role of a family immigration lawyer and how they can help you navigate through the complex process of obtaining legal immigration status in the United States.
ELIGIBILITY FOR FAMILY IMMIGRATION
Family immigration allows US citizens and permanent residents to petition for their immigrant relatives and immediate relatives to move to the US. For immigration purposes, only certain classes of persons are eligible to receive family-based visas.
Immediate Relatives of US Citizens
Those with immediate family in the US can get an Immediate Relative (IR) visa as a family immigration visa. This visa doesn’t have annual limits like other family-based visas. Under this category, US citizens can petition for immigrant visas for their immediate relatives who are there:
- Spouses
- Children under the age of 21
- Parents, if the US citizen is over the age of 21
Family Preference Visas
This visa category is open to relatives of US citizens and lawful permanent residents. Listed below are the categories of family members eligible to apply for a green card:
- First preference (F1): US citizens’ unmarried sons and daughters who are over 21
- Second preference (F2A): Lawful permanent residents’ spouses and unmarried children under 21
- Second preference (F2B): Lawful permanent residents’ unmarried children over 21
- Third preference (F3): Married children of US citizens
- Fourth preference (F4): Siblings of United States citizens
If you are unsure about the family visa categories and eligibility requirements, you can contact a family visa attorney at Kansas City immigration lawyers for assistance.
Priority Dates and the Visa Bulletin
Family-based petitions are processed based on priority dates, which are the filing dates stamped by U.S. Citizenship and Immigration Services (USCIS). The Department of State publishes a monthly Visa Bulletin that shows which priority dates are “current” for each family preference category. Applicants must wait until their date becomes current before moving forward with visa issuance or adjustment of status. Understanding the Visa Bulletin is essential to avoid delays in the family immigration process.
FAMILY IMMIGRATION PROCESS
The steps to apply for a family immigration visa can vary depending on the specific visa you are applying for or the country from which an applicant is migrating. However, having the assistance of an experienced family immigration attorney can help you in this stressful process.
The steps to apply for a family immigration visa are as follows:
File a petition
The first step in the process of a family immigration visa is for the US citizen or lawful permanent resident (sponsor) to file a petition on behalf of the foreign national family member (beneficiary). This process can be done by submitting form l-130, Petition for Alien Relative.
A family-based immigration lawyer may help you in filing form l-130, a petition for an Alien Relative, ensuring that all information is included and the petition is properly filed.
Pay the Fees
At this stage, the US citizen or sponsor has to pay various fees, including the fee for the l-130 form and the applicable visa fees. Our immigration lawyers help review the form properly and help them with any possible issue they may face.
Submitting Supportive Documents
At this stage sponsor and beneficiary have to provide essential documents like birth certificates, marriage certificates, and proof of financial documents. An immigration attorney helps the sponsor and beneficiary gather mandatory documents and check these are properly translated and authenticated if necessary.
Interview
At this stage, the beneficiary has to attend an interview at the U.S. embassy or consulate office in their home country. Our immigration lawyer helps beneficiaries understand what kind of questions they should expect and helps them prepare for interviews.
Wait For A Decision
After applying for the petitioning process, submitting documents and fees, and interviewing the beneficiary, the sponsor and beneficiary have to wait for the decision of their request.
If the petition is denied, our immigration attorney will help by reviewing the denial notice and evidence used to make the decision. They will help you identify the reasons for denying and guide you with the best action you need to take.
Common Reasons for Petition Denials and Appeal Options
Denials of family-based petitions can occur for several reasons, such as insufficient evidence of the family relationship, financial ineligibility of the petitioner, or prior immigration violations. In these situations, applicants may request a motion to reopen or reconsider, file an appeal with the Board of Immigration Appeals, or submit a new petition. Choosing the right course of action depends on the denial notice and the underlying issue. U visa holders and other applicants should seek prompt legal advice to protect their rights and improve the chances of success in future filings.
HOW FAMILY IMMIGRATION LAWYERS CAN HELP
There is a lot of paperwork and documentation involved with family-based visa applications, so it can become complicated to complete. That’s why you need the services of an experienced family immigration lawyer who knows how to handle these processes.
Here are some of the ways immigration lawyers can assist you:
- Review and file all necessary forms with United States Citizenship and Immigration Services, ensuring accuracy and completeness.
- Gather and organize all required documents, such as birth certificates, marriage certificates, and financial records, to support your application.
- Communicate with the USCIS on your behalf, addressing any questions or concerns they may have.
- Attend interviews with you and provide guidance on how to prepare for them.
- Keep you updated on the progress of your case and advise you on any potential delays or issues that may arise.
- Provide legal advice and representation in case of a denial or other complications in the process.
If you are a U.S. citizen or legal permanent resident looking to bring a family member to the United States, it is highly recommended that you seek the assistance of an experienced immigration lawyer. They can guide you through each step of the process and increase your chances of a successful application for a family-based visa.
Schedule an appointment with immigration lawyers to get started with the family immigration process.
COST OF HIRING A FAMILY IMMIGRATION LAWYER
Hiring a family immigration lawyer has varying financial implications, depending on the specific services rendered by the lawyer. Lawyers’ fees vary based on factors such as their location, firm size, specialty, complexity, and experience.
Speak with an experienced family immigration lawyer today to get an estimate of how much your legal matter will cost you. They will also be able to explain their billing structure and any potential additional expenses that may arise throughout the process.
NEED A FAMILY IMMIGRATION LAWYER? SPEAK WITH US AT KC IMMIGRATION LAWYER
Are you going through an immigration procedure? Are you thinking about applying for immigration benefits? Our experienced immigration attorney is ready to help you. Our legal team at K.C. Immigration Lawyers is available to assist those looking to enter the United States legally with their families.
All you need to do is contact us as soon as possible to schedule a free consultation. Get started with your immigration process by setting up an appointment with K.C. Immigration Lawyers today.
FREQUENTLY ASKED QUESTIONS
Can I Apply for Family Immigration on My Own?
Yes, you can apply for a family-based immigration visa on your own. However, a lawyer can help you navigate the complexities of U.S. immigration laws and visa applications. Hiring a lawyer makes the process easier, less stressful, and more likely to succeed.
As a US Citizen, Can I Sponsor My Cousin to Relocate to the U.S.?
Unfortunately, family-based immigration visas do not extend to certain family members, including cousins. However, an immigration lawyer can help you explore other legal options that could help you bring your extended family over to the US.
How Long Does Family-Based Immigration Take?
The processing time for family-based immigration applications varies depending on several factors, such as the type of green card, country of origin, and USCIS workload. On average, it can take anywhere from six months to several years to complete the process. However, hiring an experienced immigration lawyer can help expedite the process and reduce delays.
Who Qualifies for a Family-Based Immigration Petition?
A U.S. citizen or lawful permanent resident may sponsor certain close family members for immigration, such as spouses, unmarried children, parents, or siblings. The relationship must be documented, the sponsor must meet income and eligibility requirements, and the applicant must be admissible under immigration law.
What Is the Process for a Family-Based Immigration Application?
The process generally involves:
- Sponsor filing a Form I-130 (Petition for Alien Relative)
- Applicant applying for an immigrant visa through consular processing or adjustment of status in the U.S.
- Providing required documentation (birth certificates, marriage licenses, proof of relationship, etc.)
- Completing biometrics, interviews, and background checks
- Waiting for adjudication and receiving lawful permanent resident status (green card) if approved
How Long Does a Family Immigration Case Typically Take?
The timeline depends on the category of relationship (immediate relative versus preference category), current visa availability, processing center backlogs, and whether consular processing or adjustment of status is used. Some immediate relative cases may take under a year, while preference categories often take multiple years.
Can I Work While My Family Immigration Application Is Pending?
In certain cases, applicants may be eligible to apply for an Employment Authorization Document (EAD) while their adjustment of status application is pending. This depends on whether they are in a qualifying status and meet the conditions set by USCIS. Work authorization must be approved before employment may begin.
What Rights and Risks Should I Know When Applying for Family-Based Immigration?
You have the right to legal representation and to present evidence in your application. Risks include possible denial due to failure to prove relationship, inadmissibility issues (e.g., criminal history or health grounds), missing deadlines, or administrative errors. A well-prepared application and knowledgeable legal counsel can help mitigate those risks.
