Family Based Immigration Lawyer
Family based immigration is a foundation of U.S. immigration. At Jorge Munoz Law Firm, we specialize in helping immigrants and their families achieve their immigration goals. We understand the importance of family unity and are committed to helping our clients navigate the complex U.S. immigration system.
Table of Contents
Are You Eligible For A Family Visa?
Experience and Specialized Knowledge
Comprehensive Advice and Representation
Excellence In Customer
Service
Successful Results
Immigration Legal Services Overview
Family Visa Petition Preparation
Our experienced attorneys will assist in preparing and filing the necessary visa petitions for family members, spouses, and fiancés. We will ensure that all required documentation is gathered, translated (if necessary), and submitted accurately and timely to U.S. Citizenship and Immigration Services (USCIS).
Eligibility Assessment and Guidance
Our attorneys will provide expert advice on the eligibility requirements for family based immigration. We will explain the relationship criteria, financial sponsorship, and supporting evidence that needs to be provided to establish the bona fide nature of the family or marriage relationship. We will assess the specific circumstances of each case and provide personalized guidance to maximize the chances of success.
Legal Representation
Our attorneys will provide diligent legal representation throughout the entire immigration process. We will attend interviews with USCIS or the U.S. consulates abroad, respond to Requests for Evidence (RFEs), and provide legal representation in immigration court through any appeals or disputes. We will work tirelessly to protect the rights and interests of our clients at every step of the process.
Waiver of Inadmissibility
If a family member or spouse is deemed inadmissible to the United States due to certain grounds of inadmissibility, such as criminal history or immigration violations, our attorneys will assess the eligibility for waivers of inadmissibility and prepare persuasive waiver applications to seek relief from such grounds of inadmissibility.
The Requirements for Obtaining a Family Based Immigration in the United States
Obtaining a visa may vary depending on the type of visa and the family or marital relationship.
Some general requirements may include:
- Family or Marital Relationship – For a family visa, a close family relationship with a U.S. citizen or a lawful permanent resident (green card holder) is required. The qualifying relationships are detailed below.
- Petition Approval – The U.S. citizen or lawful permanent resident petitioner must file a petition on behalf of the intending immigrant, using the appropriate form (e.g., Form I-130 or Form I-129F) and have it approved by U.S. Citizenship and Immigration Services (USCIS).
- Financial Sponsorship – The petitioner must demonstrate the ability to financially support the intending immigrant and ensure that they will not become a public charge in the United States. This may require providing evidence of income, assets, and/or a joint sponsor if necessary.
- Bona Fide Relationship – The petitioner and intending immigrant must establish that their family or marital relationship is genuine and not entered into for the purpose of evading immigration laws. This may require providing evidence of a valid marriage or other supporting documents.
- Admissibility – The intending immigrant must meet the admissibility requirements, which include passing medical examinations, not having a criminal history, and not being subject to other grounds of inadmissibility, such as immigration violations or fraud.
- Consular Processing or Adjustment of Status – Depending on the circumstances, the intending immigrant may need to go through consular processing at a U.S. embassy or consulate abroad or adjust their status to that of a lawful permanent resident within the United States.
Secure Your Future With Family Immigration Assistance.
The Benefits of Obtaining Family Based Immigration
Family-based visas are important tools that can offer opportunities to families hoping for a better life or more opportunities in the United States.
They offer significant benefits to the petitioners and the family members they choose to sponsor.
These visas allow people to reunite with their spouses, children and other family members legally and with more stability.
The legal status offered by an approved family or marriage visa opens doors for living and working in the country without having to constantly worry about deportation.
They offer protection against deportation as long as the visa holder maintains their legal status and continues to meet all visa requirements; And the ability to find work legally helps families build better financial stability.
Although visa sponsors accept financial responsibility for the family members they bring into the country, under certain circumstances, some family-based visa holders may later even qualify for government benefits like Supplemental Security Income and Medicaid. Family and marriage visas also may open educational opportunities and healthcare options.
Types of Visas For Family Based Immigration
There are several different types of immigration benefits for family members of U.S. citizens and lawful permanent residents of the United States.
The breakdown for family based immigration visas includes “immediate-relative” and “family preference” family members:
Immediate-relative immigrant visas are readily available to certain family members of U.S. citizens, including the following:
- Spouses
- Unmarried children under the age of 21
- Orphans adopted abroad
- Orphan to be adopted in the U.S.
- Parents of a U.S. citizen that is at least 21 years old
Family preference immigrant visas are limited in availability but are options for certain relatives of both citizens and green card holders.
These come in tiered preference categories including:
- F1 immigrant visas for married children of U.S. citizens
- F2A immigrant visas for spouses and unmarried children under age 21 of green card holders
- F2B immigrant visas for unmarried children aged 21 years or older of green card holders
- F3 immigrant visas for married children of U.S. citizens
- F4 immigrant visas for siblings of U.S. citizens at least 21 years of age
If your family member qualifies, we can help you submit a Form I-130, Petition for Alien Relative as their first step towards immigrating to the United States. If your petition is approved, it creates a qualifying relationship for their immigration. After that, it creates a place in line for immigrant visa processing.
If your family member is already in the U.S. legally, they may be able to use Form I-485 to become a permanent resident once a visa becomes available. If your family member is outside the U.S., your petition to sponsor their immigration will be sent to the National Visa Center (NVC). The NVC will send it to the U.S. consulate near them when a visa in their category becomes available.
K-3 and K-4 nonimmigrant visas may be a way to bring your family to the U.S. while waiting for a decision on your I-130 petition. These days, USCIS has shortened the I-130 processing time and consequently sees fewer K-3 and K-4 visa petitions.
If you’re a U.S. citizen planning to be married to a foreign national, fiancé visas are another option that your attorney can discuss with you. Several eligibility requirements exist, but an experienced immigration attorney can explain the details to you at a consultation.
Trust Us With Your Family Immigration Process.
Family Based Immigration Lawyer in Houston & South Carolina
We’ve highlighted some of the common types of visas that exist to help reunite families.
Family-based immigration law is overwhelming, but Jorge Munoz Law Firm has the experience and dedication to successfully navigate the U.S. immigration system for you. If you dream of family reunification, contact our Houston or Charleston law firm today.
