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How Can You Reunite Your Family in the United States?
When loved ones reunite through family-based immigration, it’s a joyous event. If you want to bring your loved ones to the United States, a Miami family immigration lawyer can advise and direct you through the complicated and confusing family immigration process.
There is no single solution to the challenges and obstacles associated with family immigration. Every family’s situation is unique. Your family should have the personalized immigration guidance and advice that a Miami family immigration attorney provides.
If you are a citizen of the United States or a lawful permanent resident, and your spouse or children are not U.S. citizens or lawful permanent residents, what is required to bring them to the United States? Your first step is to obtain the services of an experienced immigration attorney.
How Does Family Immigration Work?
The next step is to complete an I-130 visa petition form (“Petition for Alien Relative”) and submit it to U.S. Citizenship and Immigration Services (USCIS) with the help of your immigration attorney.
You must also provide documentation – birth and marriage certificates, for example – or other evidence proving your relationship to your relative.
Filing a Petition for Alien Relative establishes your relationship to a non-citizen and indicates your wish to help that person enter the U.S. Approval of the petition is usually required before an immigrant may obtain a green card and live as a lawful permanent resident in the United States.
How Long Does the Process Take?
Filing a Petition for Alien Relative is only the first step in the family immigration process. If your Form I-130 is incomplete, USCIS may return the application or send a request for more information.
A Miami family immigration attorney can help you avoid this kind of delay by making certain that your Petition for Alien Relative is accurate and complete and that you have included any additional required documentation.
Ten to fourteen months is the usual processing time for I-130 petitions, but this varies depending on the relationship between the petitioner and non-citizen and whether the petition is processed in the U.S. or at a U.S. foreign consulate or embassy. Most I-130 petitions are filed in the U.S.
What Steps are Next?
If your I-130 petition is not approved, a Miami family immigration lawyer can advise you regarding your options. If the I-130 petition is approved, you may proceed to the next step in the family immigration process – completing and filing Form I-864 (“Affidavit of Support”).
If you can, file Form I-130 and Form I-864 together. Filing both forms together may streamline and expedite the process. Form I-864 confirms that the citizen or lawful permanent resident sponsor will financially support the family member to avoid any dependency on public benefits.
U.S. citizen or lawful permanent resident sponsors must satisfy specific income requirements. If a sponsor’s income is inadequate, a joint sponsor who meets the requirements may co-sign Form I-864.
What is Form I-485?
For family members already in the U.S., Form I-485 is required for adjustment of status to lawful permanent resident status. In some cases, Form I-485 may be filed concurrently with Form I-130 and Form I-864. For adjustment of status outside the U.S., consular processing is required.
A family member outside the United States may apply for a green card through consular processing at a U.S. consulate or embassy in the family member’s home country. Your relative will then wait for an available visa, which may depend on his or her “priority date.”
The priority date is the date when the I-130 petition is filed with USCIS, which determines your family member’s place in line for visa processing.
How Do Immediate Relative Visas and Family Preference Visas Differ?
A family-based immigrant visa becomes available when your family member’s priority date is earlier than the cut-off date indicated in the State Department’s monthly visa bulletin for that family preference category and nation of birth.
However, immediate relative visas (IR visas) are reserved for the immediate relatives of United States citizens. IR visas have no annual cap, so there is no waiting for visa availability. In other words, immediate relatives are not subject to the Department of State’s monthly visa bulletin.
Unlike IR visas, family preference visas entail annual caps. An annual cap means that even if a family visa petition is approved, family members may have to wait for a visa to become available based on the Department of State’s monthly visa bulletin.
When Should You Contact an Immigration Attorney?
Most family immigration entails delays and lengthy waiting times, so if you plan to bring family members to the United States, you need an immigration attorney’s assistance as early as possible. Your attorney will explain the family immigration process and your family’s options and rights.
Your attorney will also ensure that your immigration paperwork is accurate and complete so that there are no mistakes or misunderstandings on your part that delay the process. Immigration law has always been confusing, and it’s constantly changing.
You must be advised by an immigration lawyer who stays abreast of changing immigration laws and recent court rulings. Family immigration takes patience and time, but an experienced Miami immigration lawyer can help you and your family achieve your goals in the United States.
We Empower Families and Help Loved Ones Reunite
A South Florida immigration lawyer at the Law Offices of Carla A. Anzaldi will work to reunite you with your loved ones. We have substantial experience helping families meet their challenges when they seek to bring their loved ones to the United States.
At the Law Offices of Carla A. Anzaldi, our team of attorneys offers comprehensive immigration services to families, students, workers, entrepreneurs, investors, and employers. If you seek to reunite with your loved ones in the United States, you can’t take anything for granted.
The family immigration process may seem straightforward, but you will probably encounter burdensome regulations, delays, and misunderstandings. Get the help you need from the start by calling the Law Offices of Carla A. Anzaldi at 754-289-6645 and put our team to work for you.
