Family-Based Immigration Law

Families navigating the U.S. immigration system have several options to immigrate to the U.S., including work-based and family-based visas. Family-based visas are some of the most common paths to permanent residency in the U.S., but they can sometimes require families to remain apart for some time. This is not easy, and most families want to reunite as quickly as possible or remain together.

Managing family-based immigration requirements can be complicated and frustrating, but it is often much easier with an immigration lawyer. An attorney with experience in family-based immigration can help you review your options for obtaining lawful permanent residency, whether you are based internationally or are currently in the U.S. With legal support, the process is likely to be easier, take up less of your time, and limit the stress you and your family face.

What Is Family-Based Immigration?

Family-based immigration allows U.S. citizens and permanent residents to sponsor family members and petition for them to immigrate to the U.S. The majority of family-based visas are immigrant visas with a path to a green card and permanent residency.

Family-based petitions for immigrant visas include those for immediate relatives and those based on family preference for non-immediate relatives. Visas and green cards are handled by U.S. Citizenship and Immigration Services (USCIS). In most cases, USCIS will allow immediate relative and family preference visas for adopted children and step-children.

Both types of visas require that the sponsoring family member be over the age of 21 and either a U.S. citizen or a lawful permanent resident. The wait time and requirements for visas depend on the relationship between the two individuals, as well as other factors. There are caps for family preference visas but none for immediate relatives. Understanding the differences between the many petitions, visa applications, and their requirements can be much easier with skilled legal counsel.

Supporting Your Family With Your Immigration Goals

U.S. immigration law changes constantly, and keeping up with the changes can be difficult. Complying with updates to the law is essential to the success of a petition or visa application, as filing mistakes or incomplete information can result in the delay or denial of the petition and visa. By working with an attorney who is educated and experienced in immigration law, you can avoid these mistakes. An attorney will remain on top of legal requirements for family-based immigration, helping you file an accurate petition.

The attorneys at International Lawyers PLLC can help you and your family throughout the entire immigration process. We understand the importance of these petitions to the future of your family and your life together in the U.S. The stakes are incredibly high, and we treat your case with the care you deserve.

Our team can take the time to understand both your short-term needs and your long-term hopes for your family. Using this information, we can provide you with the information and resources you need to make important decisions about your family’s future, answer your questions, and provide you with advice based on our knowledge of U.S. immigration law. With aid from our attorneys, you can navigate the immigration process more effectively.

Immediate Relative Petition

There is no limit on the number of immediate relative visas granted each year. An immediate relative petition can be filed for one of the following family members:

1. A spouse of a U.S. citizen
2. A child of a U.S. citizen who is unmarried and under 21
3. A parent of a U.S. citizen if the citizen is 21 or older

In order for a spouse to qualify under the USCIS definition, the parties must be legally married under the laws of the state or country they were married in.

Because lawful permanent residents do not qualify for an immediate relative petition, permanent residents may wait for the naturalization process to then qualify for these petitions. There is no option for lawful permanent residents to sponsor their parents, so those who wish to do so must become U.S. citizens through the naturalization process.

There is an option for widows and widowers of a U.S. citizen to secure lawful permanent residency through an immediate relative visa.

It can be complicated to navigate these petitions and know what you are eligible for. An attorney can help you manage the necessary paperwork so that you or your loved one can move to the U.S. as quickly as possible.

Family Preference Petition

Family preference petitions are limited in number each year. Although approval may be relatively fast, this cap can mean that the issuance of the visa can take a long time. For family members to petition for a visa for those who are not their immediate relatives, the preference order is as follows:

1. First preference (F1) for the children of U.S. citizens, given that the children are unmarried and 21 or older
2. Second preference (F2A) for spouses and children of lawful permanent residents, given that children are unmarried and under 21
3. Second preference (F2B) for children of lawful permanent residents, where the children are unmarried and 21 or older
4. Third preference (F3) for married children of U.S. citizens
5. Fourth preference (F4) for brothers and sisters of U.S. citizens, given that the U.S. citizen is 21 or older

Neither U.S. citizens nor lawful permanent residents can petition for a grandparent, aunt, uncle, cousin, or in-law. If you are unsure of how to quickly and safely get your family members to the U.S., discuss your situation with a family-based immigration attorney. They can help you determine what visas you and your family may qualify for, as well as the likely wait times. They can also help you petition and file for a visa to limit the likelihood of mistakes during the process.

Nonimmigrant Family Visas

The main form of family-based nonimmigrant visa is for fiancés of U.S. citizens. This is a K-1 visa, which allows a temporary stay in the U.S. for fiancés to get married within 90 days of the foreign citizen fiancé entering the country. This enables fiancés to get married on U.S. soil and for the foreign fiancé to apply for lawful permanent residency after marriage. If a couple fails to get married within 90 days, the visa expires.

Other nonimmigrant family-based visas include:

1. K-2 visas for children of K-1 visa holders
2. K-3 visas for foreign spouses of U.S. citizens who are awaiting approval of an immediate relative petition
3. K-4 visas are for the children of K-3 visa applicants as long as the children are unmarried and under 21.

K-3 and K-4 visas typically last two years once granted and can be extended in two-year increments. If you are unsure whether nonimmigrant family-based visas are the right option for your family, talk to an immigration attorney. They can help you weigh the benefits of these visas and determine what may be your quickest path to bringing your family together.

Green Cards Through Family-Based Petitions

Green cards allow an individual to have lawful permanent residency. Once a U.S. citizen or permanent resident has petitioned for their immediate relative or other family member, they must wait for this petition and visa application to be approved. If it is approved, then the family member can enter the U.S.

Once in the U.S., the individual can file for an adjustment of status, which, if granted, establishes lawful permanent residency and secures a green card. A green card allows an individual to live and work freely in the U.S., and it can provide a path to naturalization and U.S. citizenship.

Consular Processing for International Family-Based Petitions

If your loved one filed a petition for an immediate relative or family preference visa and was approved, they can apply for a green card even if they are not in the U.S. This is called consular processing. This is similar to the process of adjusting your status, which occurs when you are in the U.S. Both processes are complicated, but the consular process can be uniquely stressful due to navigating it while abroad.

Working with a U.S.-based attorney can help you determine whether consular processing or status adjustment is right for your given situation. Which option is better depends on both your short-term and long-term goals for immigration. An attorney can also help you navigate visa interviews, file your applications, and gather important documents. Legal support helps avoid mistakes that can delay the process.

Establishing Marriage Validity

USCIS requires immigration applicants to establish that a marriage is bona fide or valid when filing a family-based petition for their spouse. A marriage certificate is the primary piece of evidence to prove a legal marriage.

USCIS accepts most marriages as long as they were legally completed according to the law of where the marriage was performed. However, some relationships are not recognized as marriages under the USCIS, even if they were valid where they were performed. These include:

1. Polygamous marriages
2. Civil unions, domestic partnerships, and common law marriages that are not recognized as marriages where they were performed
3. Marriages that infringe upon the policy of the state where the couple lives, such as child marriages
4. Relationships created to evade U.S. immigration laws

The applicant has the burden of proof to establish marriage validity. This includes the official civil record of the marriage license and proof that any prior marriages have been legally terminated. The USCIS will take several steps to ensure a marriage is not a marriage of convenience. Your attorney can help you prepare for petitioning, applying, and attending an interview in the process of obtaining a visa for your spouse.

How Long Does It Take to Get a Family-Based Visa?

The length of time it takes to get a family-based visa depends on many factors, including whether it is an immediate relative or family preference visa. The time of year and limit for family preference visas will also affect the amount of time it takes. The entire process can take anywhere from several months to several years.

How Does an Attorney Help With Family-Based Visas?

An attorney gives you much more confidence throughout the entire process of filing for a family-based visa, and they can even improve your chances of success by preventing errors. An attorney also helps you spend less time determining your options and identifying what you need to petition or apply.

An attorney’s experienced guidance enables you to learn the benefits and drawbacks of the several options you and your family may qualify for. You can then choose the option that best serves your needs. Your attorney helps protect your rights and represents you on U.S. soil.

Support for Individuals and Families in the U.S.

Although many complicated immigration steps are completed once you and your family are in the U.S. on valid visas, this is not the end of the process. You’ll still need to apply for a green card. If you would like to become a citizen, you’ll eventually have to go through the naturalization process. Other legal complications can occur within the immigration process and while you’re in the country, which can be more stressful in a legal system you are not accustomed to.

This is another benefit of having a working relationship with a U.S.-based attorney. They can help you once you are in the U.S. and provide support as you establish permanent residency and citizenship. An attorney can also help you with other legal complications, such as civil claims.

International Lawyers PLLC: Your Family-Based Immigration Attorneys

Whether you are internationally based, a permanent resident, or a U.S. citizen, International Lawyers PLLC can help you with your family-based petition and application for a visa.

If you are unsure of how to help your extended family or have other unique circumstances, talk with our team. We can review your case and determine your options for temporary and permanent visas. We can also help you reunite or remain with your family, whether you are located domestically or internationally.

International Lawyers PLLC provides help to Hispanic communities and other communities all around the world. Contact us today to learn how we can help you meet your immigration goals.