Family Based Immigration Lawyer

Motivated to provide a better life in the US, many immigrants seek a lawyer to apply for family-based immigration residency and petition to bring their loved ones.

Do you want to reunite your family in the United States? At Lluis Law, we understand the importance of family unity. Therefore, our team of immigration experts will take care of everything necessary for you to achieve your dream of reuniting with your loved ones.

The services offered by our lawyer for family based immigration in 2024

At Lluis Law we offer comprehensive assistance for applying for a Green Card as an immediate family member. 

Our Los Angeles immigration lawyers will guide you through every step of the process, ensuring that all required documentation is properly submitted. 

In this section you will see which family members you can petition to bring to the US:

How long does it take to bring your spouse to USA?

If you are an American citizen and want to ask your husband, we take care of facilitating this process for our clients. Both American citizens and permanent residents can petition for their foreign spouse and obtain permanent residence.

Can I bring my parents to USA permanently?

We make family reunification possible by submitting applications for parents of US citizens.

Bringing siblings to live in the united states as permanent residents

American citizens over the age of 21 are also eligible to apply for a Green Card for a sibling. Other members of the immediate family of the brother or stepbrother may be included in this legal procedure. Learn more by consulting this link.  

Can a US citizen sponsor a child over 21?

The procedure for an American citizen to ask for his or her adult child is similar to that of other relatives. At Lluis Law we specialize in all types of Green Card and American visa applications. Here we explain how the procedure is and what the requirements are.

What Is Family-Based Immigration?

Family-based immigration is a legal process that allows certain American citizens and lawful permanent residents to sponsor their immediate family members. 

If they qualify, they will be able to obtain an immigrant visa and become lawful permanent residents.

Do you need more information about how the family petition works in the United States? Please call us, as each case is unique and may present specific challenges. At Lluis Law, we have the experience to guide you through this complex process.

What Relatives Can A Resident Of The United States Request?

Unlike American citizens, lawful permanent residents of the United States can only petition their spouse and unmarried children.

Benefits Of Lawful Permanent Residence By Family-Based immigration

Some of the most important benefits offered by American residency by family petition include:

• The right to reside and work permanently in the United States.
• The possibility of applying for US citizenship after meeting certain requirements.
• Ability to sponsor family members to obtain residency.
• Protection under federal laws.
• Eligibility for government assistance programs and social benefits.
• Flexibility to change jobs or professions without putting immigration status at risk.

What Are The Medical Benefits Available To Lawful Permanent Residence Applicants?

Applicants for lawful permanent residence cannot access federal medical benefits. 

Of course, some states offer limited health care programs, but it is advisable to obtain private health insurance. This will be to cover medical needs during the immigration process.

Who Can Be Eligible For American Residency Through Family Petition?

Individuals who can apply for American residency through a family petition are those who are direct relatives of citizens or lawful permanent residents.

Therefore, to apply for American residency through a family-based immigration petitions, you must belong to one of the following categories:

• First preference (F1): Unmarried children of US citizens over 21 years of age.
• Second preference (F2A): Spouses and unmarried children under 21 years of age of lawful permanent residents.
• Second preference (F2B): Unmarried children over 21 years of age of lawful permanent residents.
• Third preference (F3): Married children of US citizens.
• Fourth preference (F4): Siblings of US citizens if the US citizen is 21 years of age or older.

Don’t tackle this complex process on your own. At Lluis Law, we are here to guide you and determine your eligibility for American residency by family petition. Contact today and start the path to family reunion.

What Can I Do If My Residency Application Is Denied?

If your application for American residency through a family petition is rejected, there are options such as appealing the decision. You can also submit a new application if your immigration status changes. 

If you are ineligible to apply for a family-based Green Card, you may be eligible to apply for an immigration waiver.

What Are The Requirements To Apply For American Residency Through A Family Petition?

To obtain American residency by means of family petitions, in general the following is required:

• Being an immediate family member of an American citizen or lawful permanent resident in the United States.
• Have a clean record, therefore, no criminal record.
• Prove that you can support yourself financially in the United States.

However, requirements may vary depending on family relationship and other factors. Therefore, it is essential to consult with an immigration lawyer who can guide you and explain what the requirements are for family based immigration.

Affidavit And Minimum Income

A US citizen or lawful permanent resident must file Form I-864 pledging to use their income and resources to sponsor their family member.

This form lasts until the family member becomes a US citizen or completes 40 quarters of employment (approximately 10 years).

The sponsor must demonstrate that their income is at least 5 times the US poverty level or 4 times if they are a member of the US Armed Forces.

How Can I Bring My Fiancé(e) To Live With Me In The United States?

To bring your fiancé(e) to live with you in the United States, you can opt for the K-1 fiancé visa. 

This visa allows your fiancé to stay in the country for 90 days to marry you and apply for a Green Card. If your fiance has children, they can obtain K-2 visas to accompany you.

Another option is the K-3 and K-4 visa , one is for the foreign spouses of a US citizen and the other is for the children of the K-3 holder.

How Do I Bring My Spouse To Live With Me In The US?

To bring your spouse to live with you in the US, there are several visa options, depending on whether you:

• Are a student in an academic or language training program on an F-1 visa, your spouse and children can accompany you on F-2 visas.
• Are an exchange visitor on a J-1 visa, so your spouse and children can get J-2 visas.
• Have been transferred to the US branch of an international company and have an L-1 visa. If so, your immediate family members can accompany you with L-2 visas.
• Are the holder of an E-2 visa.
• Have an H-1B visa, so your immediate family members can accompany you under the H-4 visa.

For more information and guidance on the process or types of American visas in general, we recommend that you contact our family based immigration lawyer.

What Documents Are Needed To Apply For American Residency Through A Family Petition?

The documents necessary to apply for American residency through a family petition may vary. Among the most common are:

• Form I-130: Must be completed and signed by the petitioner.
• Proof of family relationship: This can be birth certificates, marriage certificates, adoption records or other related documents.
• Proof of legal status: If the petitioner is a lawful permanent resident, they may submit a copy of their Green Card. If they are a US citizen, they must provide a copy of their US citizenship certificate or passport.
• Form I-485: If you qualify for adjustment of status. 
• Recent photographs.
• Payment of fees: Amounts may vary depending on your specific case.
• Financial documents: The petitioners must demonstrate their financial capacity to support the beneficiary. To do this, they must submit tax returns or bank statements.
• Form DS-160 (if applicable): If the family member is carrying out consular processing, they must complete this online form.
• Additional documents: Depending on the circumstances, USCIS or the consulate may request some additional documents, such as criminal history records or medical evaluations.

It is essential that the Form I-130 be signed by the petitioner. On our website we show you how to fill out the I-130 form in detail, although it is advisable to let us do this for you.

What Documents Should I Submit To Obtain The Green Card By Family-Based immigration?

To apply for a Green Card as an immediate family member in the United States, you must submit:

• Form I-485;
• Copy of Form I-797 of I-130 (or submit both together);
• Two passport size photos;
• Copy of a government-issued photo ID;
• Copy of birth certificate;
• Copy of the passport page with the nonimmigrant visa and the admission stamp (if applicable);
• Copy of Form I-94 or admission stamp (if applicable);
• Form I-864 or I-864EZ;
• Form I-693;
• Police and court records (if applicable);
• Forms I-601 and I-212 (if applicable);
• Documentation of J-1 or J-2 status (if applicable);
• Forms I-508 and I-566 (if applicable);
• Form I-485 Supplement A (if applicable).

Some forms require a filing fee. Check fees and possible exemptions on the USCIS website or with our immigration attorneys.

Steps To Apply For US residency Through A Family-based Petition

These steps recommended by our lawyer will help you with your family-based immigration petition to bring your family member to the United States.

Step 1: Know If You Are Eligible

If you are a foreign national, verify that you are an immediate family member of an American citizen or lawful permanent resident in the United States. 

Step 2: Submit The Petition

If the foreign national qualified, their citizen or lawful permanent resident family member must file Form I-130 with USCIS. 

This form officially establishes the family relationship and the desire for the foreign relative to emigrate.

Step 3: Carry Out The Adjustment Of Status Or Consular Procedure

If the beneficiary family member is located within the United States, they can adjust their status by filing Form I-485 with USCIS. 

If the beneficiary family member is outside the United States, consular processing must follow. 

Step 4: Submit The Required Evidence And Documents

Provide documentary evidence that demonstrates the family relationship, such as birth certificates, marriage certificates, or legal documents that support the relationship. 

Step 5: Wait For The Evaluation And Interview

Prepare for a possible interview with USCIS or the consulate, where the information submitted will be reviewed and eligibility verified. 

Step 6: Obtaining Lawful Permanent Residence

If your petition is approved, an immigrant visa will be issued. Once in the United States, the beneficiary can obtain the Green Card and after 5 years, apply for American citizenship if they wish.

Remember that this may vary depending on each individual case, so it is advisable to consult with an immigration attorney for specific guidance.

What Are The Disadvantages Of Family-Based Immigration?

Family-based immigration is not a quick or easy process and can take decades to complete. 

Furthermore, in family preference immigration cases, the wait time can be significant due to high demand and the limited number of visas available.

As if that were not enough, although immediate family members typically receive their visas in a shorter period of time, they still must go through an extensive application process.

Why Is It So Difficult To Immigrate To The United States?

Each year, the leading reason for denial of an immigrant visa is improper filing or lack of required evidence. 

In fact, between the years 1991 and 2020, 1.4% of immigrant visa applications were denied due to ineligibility due to criminal, health or security reasons.

On the other hand, 16% received a final denial for procedural reasons. Additionally, some immigrants do not apply because they knew these bars would make them ineligible.

How Long Does It Take To Process An Application For US Residency Through A Family Petition?

The time to obtain American residency through a family-based petiton varies based on the category, with “A” being faster than “B”.

However, Form I-130 processing time for lawful permanent residents can range from 32 to 67 months.

Exact times vary widely and are subject to changes in immigration policies. It is best to consult with a lawyer specialized on family based immigration petitions.

How Much Does It Cost To Apply For American Residency Through A Family Petition In 2024?

The total cost of applying for American residency through a family petition varies depending on several factors. 

However, the current cost of Form I-130 is $675 if you file on paper or $625 if you file online.

FAQs our Family Based Immigration Lawyer gets quite often

Is There Any Limit On The Number Of Family Members Who Can Apply For US Residency Through A Family Petition?

There is no limit on the number of individuals who can apply for American residency through a family petition. However, only a certain number of applications are approved each year, which can result in waiting lists.

What Happens If My Application For Lawful permanent Residence via a Family petition is denied?

If your application for lawful permanent residence by means of a family petition is denied, you may consider appealing the decision or submitting a new application.

Whatever the case, it is essential to consult with an immigration attorney to evaluate your options. 

Are There Other paths For My relatives To Get A Green Card?

There are other ways by which it is possible to obtain lawful permanent residence. Some of these include the CR1 visa (spousal visa), the K-1 fiancé visa, and family reunification.

If you believe you may qualify for any of these visas or would like to explore other resources to reunite with your loved ones, the immigration attorneys at Lluis Law are here to help.

How Does Residency Status Affect My Children’s Education In The United States?

Lawful permanent residents and American citizens have unlimited access to public education. 

However, temporary visa holders may face certain restrictions. For this reason, it is recommended that you contact your local school system and one of our immigration attorneys for specific details.

Why Should I Contact The Immigration Attorneys At Lluis Law?

At Lluis Law, our lawyer knows well that family based immigration can not only guarantee the future of your family, but also bring them closer to American citizenship and all its benefits. 

However, the large number of required documents and family preference categories can be confusing. This is more complex for those who are not familiar with the United States immigration system.

For this reason, it is essential to consult with an attorney to guide you through every step of the process. 

Don’t risk your family’s future. At Lluis Law, we are here to help you. Our experts will use all their knowledge and experience to ensure the well-being of your loved ones. Contact us now and protect your family’s status.