Family Immigration — Bring Your Relatives to the United States
If you are seeking to live permanently in the United States, you are likely looking to have an immigrant visa. One of the ways to apply for permanent residency is through family immigration or being sponsored by an immediate relative who is at least 21 years old and is either a U.S citizen or a lawful permanent resident. The majority of Green Card holders in the United States come through with family visas. Here at The Law Offices of Anable & Rivera PC, we strive to keep families together and united by giving your case the attention it deserves. Give us a call today to learn more.
Understanding Family-Based Immigration Visas
There are two main types of family-based immigrant visas, those being family preference and immediate relative.
Family Preference: These are visas for people with more distant family relationships with a U.S citizen or more specific family relationships with a legal permanent resident. The number of visas in this category is limited each fiscal year.
Immediate Relative: These visas are for individuals that have a family relationship with someone that is a U.S citizen. They are usually reserved for children, spouses, or parents. U.S citizens can file a petition for a spouse, son, daughter, parent, brother, and sister.
Benefits of Consular Processing
If you are a beneficiary of an approved immigrant petition and have received an immigrant visa number, there are several ways to apply for legal residency status. One of those is through an adjustment of status application, which is done from within the United States. The other way is through consular processing, which refers to the application for legal permanent residency while still in your home country. Both consular processing and Adjustment of Status have their own timelines, application forms, supporting documents, and costs, but have similar overall processes. It is important to check with an immigration lawyer to ensure which process works best for your own situation.
Consular processing has several benefits including:
- Relatively faster processing times: In consular processing, your application is handled by the Department of State and although times vary, they tend to be faster than when an individual applies for adjustment of status from within the U.S.
- Relatively lost costs: Forms and processes for consular processing and adjustment of status are a little different. Generally, filing for residency through consular processing is less expensive.
- Lower risk of refusal: Applying for consular processing seems to have less risk of refusal. This is especially the case if you have some negative factors on your application.
Am I Eligible for a Family-Based Visa?
There are several eligibility requirements before applying for permanent residency through family-based petitions. As a reliable immigration attorney, we can help you look at your particular circumstances and advise you as to how and when to apply. The initial requirements for this type of visa include being the spouse, son/daughter, parent, brother/sister of a U.S citizen, or the spouse or unmarried son/daughter of a legal permanent resident.
Common Issues You May Face
Family-based immigration has always formed the bedrock of new incoming immigrants to the United States. The U.S Immigration Services does not put a cap on the number of immediate relative visas approved each year. And yet, sometimes issues arise that delay an application or become grounds for denial. One of the most common issues is a past of unlawful entry into the United States. If you have some history of entering the country illegally and are looking to apply for resident status, it is important to consult an experienced immigration attorney.
Will I Get a Green Card?
The approval of your Green Card is dependent on several factors. Common issues that can affect your family-based immigration status include:
- Fraud in a previous or initial application
- Misrepresentation of information in your application
- Unlawful entry to the United States
- Overstaying a period in which you were legally allowed to stay in the U.S
- Criminal background including misdemeanors or felonies
- Other ineligibility factors
Why You Should Hire Us
Here at Anable and Rivera, we can help you ensure the success of your application. Filing incorrectly or applying for the wrong category, might reflect negatively in your application and create issues for your approval. We are here to guide you through the process, help you decide the best way to apply, and ensure the proper documentation is valid, in place, and clear.
Don’t Hesitate, Call The Law Offices of Anable & Rivera PC Today
If you want to bring a family member into the U.S or you are thinking of applying for adjustment of status or consular processing from above, call us today. We’ll get it done right.