A Family Petition Lawyer Guides In Reuniting Loved Ones

To bring your loved ones to the United States, you must reunite with them through immigration. A family petition lawyer provides invaluable assistance by guiding you through every step. It starts from determining eligibility to filing necessary forms and representing them in potential legal challenges.

This article explores the role of family immigration lawyers in facilitating reunifications. It highlights the qualifications, benefits, and processes involved in family-based immigration.

Family Petition Lawyer Brings Families Back Together

A family immigration lawyer provides personalized guidance, ensuring all required documents are accurately completed and submitted on time. This attention to detail minimizes delays and increases the likelihood of a successful outcome.

Lawyers can assess your situation and advise on suitable strategies for reuniting with your loved ones. They can guide you through immediate relative petitions or family preference categories. Their experience and skills provide peace of mind, allowing you to focus on your journey toward reunification.

An immigration attorney advocates for you, offering support and representation if legal issues arise. They are essential in helping you qualify to petition family members as a U.S. citizen or lawful permanent resident (LPR).

Qualifications Of A U.S. Citizen & LPR

U.S. citizens can petition for immediate relatives, including spouses, unmarried children under 21, and parents. They may also sponsor married children and siblings, though these categories may involve longer wait times. LPRs can petition for their spouses and unmarried children of any age.

Citizens and permanent residents must have sufficient income to support their beneficiaries, meeting at least 125% of the federal poverty guidelines. It ensures that family members will not become a public charge or be primarily dependent on government assistance.

Petitioners must provide evidence of their relationship to the beneficiary, such as birth or marriage certificates. They must also prove their immigration status, including a naturalization certificate or Green Card. Knowing all qualifications and documentation entails understanding family-based categories.

Form I-864 Petitioners’ Affidavit Of Support

Petitioners must provide an Affidavit of Support, Form I-864, to demonstrate financial responsibility for their beneficiaries. This legal document confirms the petitioner’s commitment to financially support the immigrant, preventing them from becoming a public charge.

The affidavit requires proof of sufficient income, typically at least 125% of the federal poverty guidelines, to support the household. Petitioners may include income from household members or use joint sponsors to meet requirements.

Properly completing the affidavit is vital. It legally binds the petitioner to support the beneficiary until they become a U.S. citizen or have worked for 40 quarters. After completing these eligibility requirements, the next step is choosing the correct category.

Two Main Categories Under Family Petitions

Family-based immigration has two main categories: immediate relatives and family preference. Immediate relatives include spouses, unmarried children under 21, and parents of U.S. citizens. It has no annual caps, resulting in faster processing times and prioritizing close family reunification.

The family preference category covers other relatives, such as unmarried adult children, married children, and siblings of U.S. citizens. It also includes spouses and unmarried children of lawful permanent residents. Each preference category has specific annual limits, leading to varying wait times based on Visa availability.

Steps Typically Involved In The Process

Embarking on the journey of family immigration involves navigating a series of essential steps. Understanding these is vital for families seeking to reunite and establish themselves in the United States. Due to the intricacies, you need a family petition lawyer to guide you.

Determine Eligibility

The initial phase determines eligibility based on the petitioner’s status as a U.S. citizen or LPR and the relationship to the beneficiary. This step should be taken before beginning the family immigration process to ensure the selection of the correct Visa category.

File A Petition

The petitioner is a U.S. citizen or lawful permanent resident at least 18 years old. They must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services or USCIS. It establishes the familial relationship and initiates the immigration process.

Further, U.S. citizens and LPRs must provide proof of their immigration status and relationship with the beneficiary.

Wait For Approval

After filing, USCIS reviews the petition. The timeline depends on the Visa backlog the USCIS is processing. Typically, the wait ranges from 13.5 to 40 months after filing, depending on your Visa category. Once approved, the case moves to the National Visa Center (NVC) for further processing, marking a pivotal stage.

Visa Availability

Immediate relatives of U.S. citizens generally have Visas available. Other family preference categories may face longer waits due to annual numerical limits. The priority date is crucial in family immigration. It marks the date when a petitioner files Form I-130 for a family member.

The priority date determines an individual’s place in line for a Visa based on the preference category and country of origin. Visa availability depends on the priority date becoming current in the Visa Bulletin for processing to proceed.

Consular Or AOS Processing

Beneficiaries abroad undergo consular processing at a U.S. Embassy or Consulate, submitting Form DS-260 and the required documents. Those already in the U.S. may apply for Adjustment of Status or AOS using Form I-485, navigating additional requirements and interviews.

Concurrent processing is also available for family-based immigration. It refers to filing multiple immigration applications or petitions for different benefits simultaneously. This approach allows applicants to streamline the process, saving time by handling related applications together.

Attend Consular Interview

An interview for family immigration is a pivotal step conducted at a U.S. Embassy or Consulate abroad. It involves a consular officer assessing the eligibility and credibility of the applicant, who seeks an Immigrant Visa to join a family member in the United States.

The interview verifies the familial relationship and the applicant’s intentions and ensures compliance with immigration laws. Successful completion typically results in the issuance of an Immigrant Visa, facilitating lawful entry into the United States to reunite with family.

Complete Biometric Appointment

Applicants provide biometric information such as fingerprints, photographs, and signatures during this appointment. The USCIS uses this data for identity verification and background checks. This procedure ensures applicants meet the security and identification standards for processing their immigration application.

Receive Decision

Following the interview and document review, applicants receive a decision on their application. If approved, they receive a Visa or Adjustment of Status approval, marking a critical milestone in their immigration journey. They can now travel to the United States to start a new life.

Enter The United States

When immigrants enter the United States, they typically go through a process managed by U.S. Customs and Border Protection (CBP) at a port of entry, such as an airport, seaport, or land border crossing. Here’s what generally happens:

• Presentation Of Documents: Immigrants present their travel documents, including their passport and Visa (if applicable), to CBP officers.
• Inspection: CBP officers conduct an inspection to verify the immigrant’s identity and the validity of their travel documents. 
• Admission Or Refusal: Based on the inspection results, CBP officers decide whether to admit the immigrant into the United States or refuse entry. They grant admission if the immigrant meets all legal requirements and poses no security concerns.
• Entry Stamp: If admitted, CBP officers stamp the immigrant’s passport with an entry stamp. It indicates the date and place of entry and the immigration status.

Once cleared by CBP, immigrants can proceed to their intended destination within the United States. The inspection ensures compliance with U.S. immigration laws and regulations, facilitating lawful entry for immigrants into the United States.

Acquire A Green Card

Family-based immigrants can typically apply for their Green Card after they enter the U.S. Still, the waiting period can vary depending on their processing path. Here’s a breakdown:

• Consular Processing: If the immigrant went through consular processing abroad, their Green Card will be mailed to them within the U.S. after they enter the country.
• Adjustment Of Status: If they adjust their status in the U.S., they will receive a Green Card mail receipt after applying. The actual Green Card itself will typically arrive 2-3 weeks later.

Successfully navigating the family immigration process requires careful adherence to each step. Families can reunite and build their future in the United States by understanding and fulfilling these requirements.

The Next Step After Getting A Green Card

Once they obtain a permanent residency card (Green Card), beneficiaries can enjoy various rights and responsibilities. They can live and work in the U.S., travel abroad, and access certain government benefits. However, there are some limitations to the Green Card status.

Maintaining permanent residency requires adhering to U.S. laws, paying taxes, and avoiding prolonged absences that may jeopardize residency status. Green Card holders may apply for naturalization to become U.S. citizens after five years or three years if married to a U.S. citizen.

Naturalization involves showing good moral character, passing an English and civics test, and taking the Oath of Allegiance. It grants several essential rights and benefits. Citizens can vote in federal elections, apply for government jobs, and run for public office.

U.S. citizens gain the security of not being deported, have more accessible travel privileges, and can sponsor relatives for immigration. Additionally, citizens receive consular protection abroad and qualify for federal benefits such as Social Security and Medicare.

Abogada Kate Advocates Family Reunification

At Abogada Kate, we advocate reuniting families through compassionate and effective legal services. Our team guides clients through the family petition process, providing personalized support at every step.

Additionally, we handle complex cases, ensuring all documents are accurate and complete to avoid delays or denials. Our team stays updated on immigration laws and policies, offering strategic advice tailored to each client’s situation.

With a commitment to clear communication and client education, we empower families, helping them understand their rights and options. Trust Abogada Kate to advocate for your family’s reunification and navigate the intricacies of U.S. immigration law.

Summary

Reuniting families through immigration requires navigating an intricate legal process. A family petition lawyer provides crucial guidance and ensures all stages are followed correctly. They cover every step, from eligibility criteria, petition filing, and waiting for approval to U.S. entry and Green Card receipt.

Abogada Kate ensures family members successfully reunite in the U.S. while understanding the complexities and benefits of each immigration stage. Our team has the experience and skills to make your dream of living with your family in the U.S. come true.