Most people who immigrate to America can do so because they have family members already in the United States. U.S. immigration law allows a citizen or lawful permanent resident to sponsor foreign national family members for entry into the country if they can prove they are related and that the immigrant family members will be provided some financial support.
However, the details of U.S. immigration law make sponsoring foreign nationals for family-based immigration complex and confusing for most people who try to bring family members to America on their own. Hiring an experienced Florida immigration lawyer from Florida Law Advisers, P.A., can ensure that you avoid errors that can delay or derail the application process.
Florida Law Advisers can guide you and your family members through the complex immigration process and ensure that your rights are upheld. Contact us online or by phone for a consultation about getting started on your family’s case.
How Our Florida Immigration Lawyers Can Help
You are not required to have a lawyer fill out paperwork to sponsor family members who want to immigrate to the U.S. But trying to work through complicated immigration procedures and rules on your own can be overwhelming. Simple mistakes or omissions can delay the process or lead to a denied application. Our experienced immigration lawyers work with family immigration rules every day and can help you understand the legal requirements concerning the family-based immigration process. At Florida Law Advisers, P.A., we know the way forward and can guide you and your family.
An immigration lawyer with Florida Law Advisers, P.A., will give you and your family the attention and care you deserve. We can explain what is required to bring your family to the United States and prevent mistakes that can result in delays or unfavorable outcomes. We can help prepare the immigration application and supporting documents you must submit.
Anytime anyone applies for a visa, Green Card, or citizenship, legal problems can arise. Misunderstandings can cause significant delays. If you don’t know how to get things back on track, you could lose the opportunity to bring your family to this country.
Our team can guide your efforts from the start or help if you have encountered roadblocks. We’ll take the time necessary to understand your needs and search for the most efficient way to resolve your family’s case.
Our extensive experience with family immigration cases in Florida allows us to guide you through the complicated rules and regulations to bring your loved ones to their new home in America.
Who Is Eligible for Family-Based Immigration?
There are two categories of family-based immigration visas available, which are based on the relationship of the applicant to the sponsoring citizen or permanent resident. They each have different eligibility requirements. They are:
- Visas for immediate family members of U.S. citizens.
A U.S. citizen can petition to bring into the U.S. their spouse, parents, unmarried children under the age of 21, and adopted children. There is no limit to how many. Once a citizen’s immediate family members enter the U.S. on this visa, they have the right to work.
These visas require the sponsoring citizen to submit a Form I-130, Petition for Alien Relative, along with proof of their relationship to the new immigrants.
- Visas for relatives of permanent residents and other relatives of U.S. citizens.
U.S. citizens can sponsor other relatives, and Green Card holders can sponsor immediate family members for entry into the U.S. under family preference visas. There are a limited number of family preference visas available each year. The wait time can be as long as two years.
There is a prioritized order for admission of foreign nationals into the U.S. on family preference visas, which means individuals assigned lower priority tend to wait longer for approval:
- Unmarried children (over the age of 21) of a U.S. citizen.
- Spouses and unmarried children (under the age of 21) of a lawful permanent resident.
- Married children of U.S. citizens.
- Siblings of adult U.S. citizens.
Obtaining a family preference visa requires submitting Form I-485, Application to Register Permanent Residence or Adjust Status, as well as establishing your relationship with the eligible relative. (Note that the Instructions for completing Form I-485 are 44 pages long.)
Both categories of family-based immigration visas also require an interview with an official from the U.S. Citizenship and Immigration Services and for the sponsor to submit a sworn statement declaring that they can financially support the new immigrant at or above 125% of the federal poverty level.
The K-1 Fiancé Visa
A third type of visa is available for the fiancé of a U.S. citizen. The K-1 visa allows a foreign national to enter the U.S. to get married within 90 days. This requires Form I-129F, Petition For Alien Fiancé(e), and additional procedures, including proving the marriage is legitimate and not simply for the purpose of obtaining U.S. citizenship.
A K-3 visa allows a foreign-born spouse of a U.S. citizen to come to the U.S. while his or her I-130 immigration petition for a Green Card is pending. A child of your foreign spouse may be eligible for a K-4 visa.
If you have been married for less than two years, a foreign spouse in the U.S. must attain Legal Permanent Residency status (Green Card) within two years, or they could face deportation. However, because USCIS now processes the Form I-130 faster than in the past, K-3 and K-4 visas are rarely needed.
Consular Processing is one of the routes for obtaining a visa through family-based immigration.
.A family member living outside the United States can apply for an immigrant visa at a U.S. Embassy or U.S. consulate in a foreign country to come to the U.S. and be admitted as a permanent resident.
Adjustment of Status
If you are in the U.S. already, you would use the adjustment of status process to seek a green card and permanent resident status. Through this process, you may obtain a Green Card without having to return to your home country.
Contact An Experienced Immigration Lawyer in Florida
You can have peace of mind knowing an immigration lawyer from Florida Law Advisers, P.A., is your advocate working to reunite you and your family members through legal U.S. immigration. Let us discuss your needs and develop a strategy to address the matter for you.
Florida Law Advisers offers an initial consultation to review your case and determine whether we can help you. We also offer flexible payment plans to clients who can’t afford upfront legal fees and costs. Call us at (800) 990-7763 or contact us online today to set up your consultation in our offices in Tampa, Orlando, or Dade City, Florida.