One of the most important questions our clients ask us about the immigration process is whether or not their family will be able to stay together. Though U.S. immigration laws are complex, there are numerous ways you can apply for citizenship through family, or sponsor a family member for a green card. The United States has made it its policy to encourage and foster the growth of strong families. To this end, U.S. allows natural-born citizens, naturalized citizens and legal residents to apply to bring family members into the country.

Valdez Law Firm has helped hundreds of clients in California and across the country to obtain visas for their close relatives, spouses, children, fiancés and fiancées. An experienced California immigration attorney at our firm can evaluate your situation, educate you about the family visa process, prepare visa applications for family members, and seek to overcome obstacles which may lie in the way to legal residency.

Call us at +1 (888) 800-8550 to schedule a free initial consultation.

Family-Based Petition

U.S. citizens or Lawful Permanent Residents (LPRs) can sponsor specific family members to immigrate to the United States via a family-based petition. If you are planning to sponsor your family members, keep in mind that there are two family-based immigrant categories: immediate relative and family preference. Immediate relatives are:

• A minor (under 21), unmarried child of a U.S. citizen
• A spouse
• Unmarried son or daughter over 21
• Married son or daughter of any age

If you are a U.S. citizen and you are over 21, you may petition your siblings and your parents.

Family Preferences:

• First Preference: unmarried sons and daughters of U.S. citizens
• Second Preference: – spouses, children, and unmarried sons and daughters of LPRs
• Third Preference: – married sons and daughters of citizens
• Fourth Preference: – brothers and sisters of adult citizens

Immigrating through a Family Member

If one of your immediate relatives (parents, children, siblings, spouses) is a U.S. citizen, you should already be eligible for a green card or visa. The relative in question must maintain a primary residence in the United States and file a Petition for Alien Relative, also known as Form I-130, to begin your citizenship application. Once this form has been reviewed and approved by the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), you will receive a visa number and be eligible for a green card.

If you are already living in the United States, you will be able to apply for a green card as soon as you receive your visa number. Immigrants living outside of the United States will be sent a visa by the National Visa Center, who will provide them instructions on what to do next.

Keep in mind that the Visas are limited. Your family relationship will determine your priority on the waiting list.

Priority for Visa Applicants:

• Immediate family members, including spouses of U.S. citizens, unmarried children under 21, and parents of citizens over 21, do not have to wait for a visa.
• Unmarried children over 21 of U.S. citizens are given first preference in the visa waiting list
• Spouses of green card holders are given second priority
• Married children of U.S. citizens are given third priority
• Brothers and sisters of U.S. citizens are given fourth priority

The Process

Dealing with the U.S. Department of Homeland Security, Immigration and Citizenship Services (USCIS) can be a confusing and slow process drawn out by USCIS errors, limited visa availability and backlog delays. As soon as you obtain legal status in the United States, you should begin the process of bringing your family together. An unnecessary delay could cost you the right to seek certain types of visas for your family members or add years to their ability to immigrate to the U.S. If you are immigrating from outside the United States:

First: The USCIS must adjudicate Form I-130, Petition for Alien Relative. Whether or not the family member is an immediate or preference category relative will determine how long the wait will be for the visa to be issued. The date you file the I-130 determines one’s priority date for preference categories and changes each month in the published Visa Bulletin issued by the U.S. Department of State.

Second: When your visa becomes available after a wait, or in the case of immediate relatives the visa is available upon approval of the I-130, then the process begins for either adjusting your status in the U.S. with a local USCIS field office or consular processing at the U.S. embassy abroad. Many people who have been in the U.S. undocumented for over 6 months may need a waiver. This process can involve numerous prerequisites. You need the guidance of a California immigration attorney to give you the best chance at crafting a successful petition.

If you are adjusting status within the United States, one may file the I-130 family petition and the adjustment of status (I-485) at the same time, and attend an interview at one of the government fields offices. Usually, one is eligible to adjust status within in the country if they can prove the entered the country with a visa, or in a “procedurally correct” manner. The attorneys at the Valdez Law Firm can evaluate your case and determine how you are eligible to gain legal residency.

Family Visa Application Matters Can Be Hard

Some situations can present serious problems for the family visa applicant. If the visa applicant is living in the U.S. illegally, a family visa application can be denied. This can also occur due to a criminal conviction. Our seasoned California immigration attorneys at Valdez Law Firm understand immigration law and how to use it to our clients’ advantage. Depending on your particular circumstances, we may be able to use the law to overcome these problems and help you attain your family visa objective.

Don’t wait any longer, schedule your consultation with the Attorney as soon as possible, answer all your questions and protect your future here, in America. New Client direct number is (424) 366-9109