Family Immigration Lawyer Professional Help for Your Family

Family Immigration Lawyer

The United States immigration system offers ways for families to reunite and live together. Family-based immigrant petitions, filed by either U.S. citizens or permanent residents, form the basis of this process. 


In this guide, we’ll delve into family immigration law, outlining the categories, requirements, and how seasoned family immigration lawyers can make the process easier for you.


After reading this, you will understand the benefits they provide. You’ll also have a clear idea of the types of family-based immigration and if you are eligible.


What is Family-Based Immigration?


Family-based immigration allows certain relatives of U.S. citizens and lawful permanent residents to come to the United States. It’s a way to keep families together and reunite loved ones who have been separated by borders.


For example, let’s say that you took the opportunity to immigrate to the U.S. to flee from persecution. Maybe at the time, your family couldn’t come with you. This may have been due to failed applications or financial limits. Family-based immigration gives you an alternative. 


It allows you to apply for sanctuary for your family, providing you have the relevant status, and they are eligible. This gives you the chance to be reunited. It means that everyone can hopefully start a new life and escape persecution.

Who is Eligible for Family-Based Immigration? (Immediate and Preference Relatives)


An asylum attorney can help understand eligibility. However, the basic idea is that it’s split into two categories – immediate and preference relatives.


Immediate relatives include:


  • Spouses.
  • Unmarried children under 21.
  • Parents of U.S. Citizens.


Preference relatives include:


  • More distant family members.
  • Unmarried sons over 21.
  • Unmarried daughters over 21.
  • Married children of any age.
  • Siblings of U.S. Citizens.


Unfortunately, this type of immigration doesn’t extend to other family members. So grandparents, uncles, cousins, etc. must find other ways of applying for an immigration Visa.


Why is Form I-130 Important in This Process?


Form I-130, Petition for Alien Relative, is crucial as it establishes the relationship between the petitioner and the beneficiary. It’s the first step in the process of bringing family members to the United States. The USCIS provides guidelines on completing this form. They also have a fee schedule which is currently $675 (paper) or $625 (online).

What Documents are Required to Establish Family Relationships?


Documents such as birth certificates, marriage certificates, and proof of legal status are typically required to prove the familial relationship between the petitioner and beneficiary. An asylum lawyer near me can help you get the required documents. A breakdown of the documents includes:


  • Evidence of your U.S. citizenship or LPR status, one or more of the following:
    • Copy of birth certificate.
    • Copy of your naturalization certificate.
    • Copt of form FS-240 (Consular Report of Birth Abroad).
    • Copy of your U.S. passport.
    • Copy of the front and back of your Green Card.
  • Evidence of your relationship with the applicant:
    • Spouse: Copy of marriage certificate.
    • Child: Copy of birth certificate.
    • Parent: Copy of your birth certificate.
    • Sibling: Copy of your and their birth certificates.
  • 2 passport-style photographs.

What are the Types of Family Immigrant Visas?

Family Based Immigration Lawyer

There are different types of family immigrant visas, each catering to specific family relationships. You must understand how to sponsor a family member and which category they fall under. We’ve also given info on how the application process works and how an immigration asylum lawyer can help.

Immediate Relative


Immediate relative visas are for spouses, parents, and unmarried children under 21 of U.S. citizens. These visas have no limitations. This means there is no waiting period once approved. Specifics about this type of family-based immigration include:


  • The petitioner must be a U.S. citizen.
  • You can only apply on behalf of your spouse, parents, and unmarried children
  • You can apply for as many family members as you wish.
  • The average processing time for this visa is 10-14 months.


If you are applying for a parent, you must be over 21. Similarly, if you are applying for your children, they must be under 21.


An immigration family lawyer can help with this type of application but it is the easiest of the two. Your family members also have a range of grounds that protect them from inadmissibility during the process. For example, they cannot become inadmissible by accepting employment without authorization.


The process for an immediate relative application usually includes the following steps:


  1. Establishing your family member’s eligibility.
  2. Filing Form I-130 (And Form I-485 at the same time if possible).
  3. Submitting documents and evidence with Form I-130.
  4. Attending the immigration interview.
  5. Waiting for approval.
  6. Receiving approval and a Green Card from the USCIS.


Currently, the average approval time for this type of asylum is between 10-14 months. A family immigration lawyer near me can help you check the status of your application. They can also go with your family members to the immigration interview.

Family Preference


Family preference visas are for more distant relatives of U.S. citizens and lawful permanent residents. These visas have annual numerical limits, which can result in waiting periods before a visa becomes available. 


This is not a limit on how many applications you can petition but on how many the USCIS can process per year. Because of this, the waiting times for family preference visas can be incredibly lengthy. There are four categories of family preference applications:


  • Category 1: Unmarried sons and daughters of U.S. citizens over the age of 21.
  • Category 2: Spouses, unmarried sons and daughters (over 21), and children (under 21) of LPRs (awful Permanent Residents).
  • Category 3: Married sons and daughters of U.S. citizens.
  • Category 4: Brothers and sisters of U.S. citizens.


These visas are more complex. Because of this, and the lengthy waiting times, opting for a family immigration lawyer free consultation can help. We’ve given a breakdown of the average waiting times below. Please note that these differ based on the relationship and home country of the family member.


Category Petitioner Relationship Average Approval Waiting Time
1 U.S. Citizen Unmarried Son/Daughter over 21 Mexico – 20+ years
Philippines – 14+ years
Rest of World – 7+ years
2 LPR Spouse, Unmarried Son/Daughter, Children 10-14 months
3 U.S. Citizen Married Son/Daughter Mexico – 20+ years
Philippines – 20+ years
Rest of World – 10 years
4 U.S. Citizen Brothers or Sisters Mexico – 13 years
Philippines – 26+ years
Rest of World – 14 years

The application process for family preference visas is essentially the same as the immediate relative process.


Why it’s Important to Work With Seasoned Family Immigration Attorneys


It is possible to complete family-based immigration without asylum lawyers. But, the benefits outweigh the potential drawbacks and you should consider more than just the cost.


By hiring an asylum immigration lawyer you make sure the process runs ok. There is no chance of completing forms wrong. Also, there’s no chance of missing deadlines or applying for the incorrect type of asylum. To give further understanding, we’ve listed how an asylum lawyer can help below.

They Have In-Depth Experience of Family Immigration Cases


Experienced political asylum lawyers have handled numerous family immigration cases. They are familiar with the process and its challenges.


Remember that you won’t be the first family to approach them. They will have helped countless people through the process. This means they know exactly what it takes to be successful and build a proper case.

They Understand Your Plight and Want to Help


A family immigration lawyer also understands the emotional toll of separation. As a result, they are dedicated to reuniting families.


An asylum lawyer near me knows how difficult it is to leave your family in another country. They also understand the pressure and stress this adds. By approaching your case from an emotional point, the family based immigration lawyer can give you the support you need.

They Can Guide You Through the Entire Process


Navigating the immigration process can be overwhelming. But with a seasoned family and immigration lawyer by your side, you’ll have expert guidance every step of the way.


They assist with every process. This includes understanding if your family is eligible for asylum and the approach to take. After that, they help complete forms such as Form I-130 and make sure you send the relevant documents with them.


An immigration lawyer asylum expert also makes sure you meet deadlines. This includes filing the initial application and attending any biometrics meetings and asylum interviews.


Think of an immigration family lawyer as your guide. They are there to make sure you navigate the process smoothly and meet the end destination without incident. In this case, the end destination is your family gaining asylum status.



What Services Do Experienced Attorneys Provide?

Family And Immigration Lawyer

A family immigration lawyer offers a range of services to assist families in navigating the immigration process. This includes understanding eligibility, helping with form completion, gathering documents, and legal representation.

Developing a Case for Eligibility


Attorneys help gather evidence and documents to support the eligibility of you and your beneficiary. A family immigration lawyer will give an initial consultation too. This helps them learn about you and your family. It also allows them to see which application type is suitable.

Help With Form Completion and Filing


Completing immigration forms accurately is crucial. Attorneys ensure forms are filled out correctly and submitted on time. They will make sure you understand each section of Form I-130. Also, they make sure you complete every section. They ensure you submit it to the right location, and pay the filing fee.

Assistance in Getting the Right Documents


Attorneys help you obtain the necessary documents to prove your relationships and eligibility for immigration benefits. These must be submitted with Form I-130 for your application to be processed without issues.

Legal Representation in Interviews and Hearings


Attorneys provide representation and advocacy during interviews and hearings with immigration authorities. For example, they can come with your family member to the asylum interview. 


They will offer coaching too on how the interview works and the questions to expect. If necessary, a family immigration lawyer can help with appeals too if your application is denied.


How Family Immigration Lawyers Fight for Your Rights


Family immigration lawyers are passionate about ensuring that every family has a fair and just immigration process. The best asylum lawyer in USA will fight for your rights. They will also treat everyone the same and do their best to make your application successful.

They Make Sure Every Family has a Fair Immigration Process


An attorney asylum professional works tirelessly to ensure that the rights of your family are protected. And that they are respected throughout the immigration process. 


Being an asylum seeker in America can be tough and it can be difficult to get your voice heard. An immigration lawyer family expert knows this. As a result, they speak on your behalf and make sure your family is treated with respect.

They Show Compassion and Dedication and Advocate for Immigrant Rights


Family immigration lawyers understand the importance of compassion and dedication in advocating for immigrant rights. 


While they help you during your immigration case they do more. A top family immigration lawyer will get involved in activism and advocating for improved conditions and legislation to help asylum seekers further. They will stand as a beacon of hope in U.S. immigration law.


Bring Your Loved Ones to Safety with a Family-Based Visa


Family-based immigration plays a crucial role in fulfilling the “American Dream” of reuniting families and building a better future together. 


A seasoned family immigration lawyer can provide invaluable support and expertise in navigating the complex legal landscape. They will ensure that your family can overcome obstacles and thrive in their new home.


Who can file a family-based immigrant petition?


Any U.S. citizen or lawful permanent resident can file a family-based immigrant petition for eligible relatives. Immediate relatives include your spouse, children, or parent. Family preference relatives are broken into those of U.S. citizens, and those of U.S. Lawful Permanent Residents. For citizens, it’s spouses, children, parents, and siblings. For an LPR it’s spouse or unmarried children.

What is the difference between immediate relatives and preference relatives?


Immediate relatives have no number of limitations on visas per year. While preference relatives are subject to annual limits. Immediate relatives also require that the petitioner is a U.S. citizen. In contrast, for preference relatives, the petitioner can also be an LPR (Lawful Permanent Resident).

What is Form I-130, and who needs to file it?


Form I-130 is the Petition for Alien Relative. This establishes the relationship between the petitioner and the beneficiary. It must be filed by a U.S. citizen or lawful permanent resident sponsoring a family member for immigration. There is a $675 (paper) or $625 (online) filing fee for Form I-130.

What is consular processing?


Consular processing is the process by which immigrants obtain their visas through a U.S. embassy or consulate in their home country. Basically, you are applying for a visa outside of U.S. territory. With consular processing, your family members must wait in their home country until their visa is approved.

How long does it take for preference relatives to obtain a visa?


The processing time for preference relatives varies depending on the visa category and the immigrant’s country of origin. It can range from several months to several years. Historically, the average for immediate relatives is 10-14 months. In contrast, the average for family preference applications can be as long as 20 years.

Why should I hire a family immigration lawyer?


A family immigration lawyer has expertise and experience in U.S. immigration law. This allows them to navigate the complex immigration process. As a result, they increase your chances of success and minimize the risk of mistakes or delays.

Can a lawyer help if my case was previously denied?


Yes, a family immigration lawyer can help assess your case, identify any weaknesses, and develop ways to overcome previous denials. They can also represent you in appeals or reapplication processes.


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