Navigating the family-based green card process can be daunting, but having an immigration attorney by your side can make all the difference. We understand that seeking a green card for relatives is a crucial step towards building a life in the United States. As experts in family-based immigration, we're here to guide you through what to expect when working with an attorney during this complex journey.
In this article, we'll break down the key stages of the family-based green card process and how an immigration attorney can help. We'll cover everything from the initial consultation and case evaluation to filing the petition, understanding the visa bulletin, and choosing between adjustment of status and consular processing. Our goal is to give you a clear picture of how we can support you in turning your dream of obtaining a green card into reality.
Family-based green cards are a cornerstone of U.S. immigration policy, reflecting the nation's commitment to family unity. This process allows U.S. citizens and lawful permanent residents to sponsor certain family members for permanent residency in the United States. We'll break down the two main categories of family-based green cards: immediate relatives and family preference categories.
Immediate relatives enjoy a privileged position in the family-based green card process. This category includes:
• Spouses of U.S. citizens • Unmarried children under 21 years of age of U.S. citizens • Parents of U.S. citizens (if the U.S. citizen is 21 years or older)
The most significant advantage for immediate relatives is that there's no limit to the number of green cards available each year. This means they don't have to wait in line for a visa to become available. The process is generally faster and more straightforward for immediate relatives.
Another benefit is that immediate relatives who entered the U.S. legally are exempt from certain grounds of inadmissibility. For example, they may be able to adjust their status even if they overstayed their visa or worked without authorization.
In the realm of U.S. Immigration, LGBTQ+ couples now enjoy the same opportunities as their heterosexual counterparts in the marriage-based green card process. Here's a breakdown of what this means:
For LGBTQ+ couples, if one partner is a U.S. Citizen or lawful permanent resident, they can sponsor their spouse for a green card. It is essential to demonstrate that the marriage is both legally valid and based on a genuine connection. This holds true, regardless of the location of the marriage ceremony.
U.S. citizens engaged with a partner of the same sex from another country can apply for a fiancé visa. This permits the foreign partner to enter the U.S. With the purpose of marrying within 90 days. Following the marriage, the couple can proceed with the adjustment of status to obtain a green card.
In cases where LGBTQ+ individuals face challenges like criminal history or unlawful presence, immigration waivers may be pursued. These waivers necessitate proving that deportation would cause extreme hardship to a qualifying relative, such as a same-sex spouse who is a U.S. Citizen or permanent resident.
LGBTQ+ individuals who have received asylum in the U.S. Can petition for their same-sex partners to join them as derivative beneficiaries. Furthermore, during deportation proceedings, adjustments through a same-sex spouse can result in a green card. The same-sex partner may also be essential in other appeals or applications for relief in Immigration Court.
There are other paths available, like extending permanent resident status to same-sex partners who are diversity visa winners or accompanying an H-1B visa holder on an H-4 visa. These paths ensure that LGBTQ+ couples have multiple routes to securing their life together in the U.S.
In conclusion, today's immigration policies create numerous opportunities for LGBTQ+ couples to achieve legal status, emphasizing equality in the process. These measures ensure that love and commitment are the central considerations in immigration, irrespective of sexual orientation.
Family preference categories cover other family relationships that don't fall under the immediate relative classification. These categories have annual numerical limits, which can result in longer wait times. The family preference categories include:
• F1: Unmarried sons and daughters (21 years or older) of U.S. citizens • F2A: Spouses and unmarried children (under 21) of lawful permanent residents • F2B: Unmarried sons and daughters (21 or older) of lawful permanent residents • F3: Married sons and daughters of U.S. citizens • F4: Brothers and sisters of adult U.S. citizens
One advantage of the family preference system is that it allows lawful permanent residents, not just U.S. citizens, to sponsor certain family members. However, the wait times can be substantial, especially for some countries with high demand. For instance, the wait time for F1 applicants from Mexico can exceed 20 years, while F4 applicants from the Philippines might wait over 26 years.
Understanding these categories is crucial when starting the family-based green card process. The category determines not only the wait time but also the specific requirements and procedures involved. As immigration attorneys, we can help you navigate these complexities, ensuring you choose the right category and follow the correct steps in your journey towards obtaining a family-based green card.
In the evolving landscape of U.S. Immigration, LGBTQ+ couples enjoy equal rights and opportunities as their heterosexual counterparts. If you're part of an LGBTQ+ couple exploring green card options through marriage, there are several pathways to consider:
Married LGBTQ+ couples can apply for green cards if one partner is a U.S. Citizen or a lawful permanent resident. The key requirement is showing that the marriage is legally recognized and genuine, regardless of where it took place. This applies to both marriage and visa sponsorship by the U.S. Partner.
For couples planning a wedding, a U.S. Citizen can file a petition for their foreign-born fiancé. This fiancé visa allows the partner to enter the U.S. With the intention of marrying within 90 days. Once married, they can adjust their status to obtain a green card.
Certain circumstances, such as past criminal convictions or overstaying a visa, may complicate immigration processes. In such cases, LGBTQ+ immigrants can seek waivers by demonstrating that their removal would cause extreme hardship to their U.S. Citizen or resident partner.
LGBTQ+ individuals who have secured asylum due to persecution in their home country can file to bring their same-sex partner to the U.S. As a derivative beneficiary.
In removal proceedings, an LGBTQ+ individual can apply for an adjustment of status through their marriage to a U.S. Citizen or resident. Demonstrating a valid marriage can be pivotal in achieving a favorable resolution.
Beyond these pathways, additional options include applying for visas that permit accompanying partners, such as H-4 visas for spouses of H-1B workers, and leveraging diversity visa opportunities. The U.S. Immigration system provides numerous avenues to support and maintain LGBTQ+ couples' legal status in the country.
The Cuban Adjustment Act offers several distinct advantages to Cuban nationals and their families seeking permanent residency in the U.S. Here's how this legislation supports them:
Cuban nationals married to a U.S. Citizen or a green card holder can benefit from the "rollback" provision. This allows their permanent residency status to be back-dated by 30 months, essentially making them eligible much earlier than their initial application date.
A remarkable aspect of this Act is that it doesn't compel Cuban nationals to prove a fear of returning to Cuba or apply for asylum. This eases the process significantly, eliminating the need to provide evidence of persecution or harm.
Eligible Cubans can also extend green card privileges to their spouses and children, irrespective of their family members' nationalities. Even those who marry or have children after arriving in the U.S. Can include these family members under the Act.
The Act is notable for its broad inclusivity. It covers crewmen, individuals with overstayed visas, and those who have worked without authorization. It even applies to entrants under the Visa Waiver Program, making it accessible to various categories of Cuban nationals.
In essence, the Cuban Adjustment Act provides a streamlined pathway for Cuban nationals and their families, enhancing their ability to secure green cards with less bureaucratic resistance.
In the family-based green card process, an immigration attorney plays a crucial role in guiding you through the complex legal landscape. We understand that navigating the immigration system can be overwhelming, which is why having an experienced lawyer by your side can make all the difference.
As immigration attorneys, we bring a wealth of knowledge and experience to your case. We're well-versed in the intricacies of immigration law, including the various visa categories, eligibility requirements, and potential grounds for inadmissibility. This expertise allows us to evaluate your unique circumstances and develop tailored strategies to maximize your chances of success.
We stay up-to-date with the latest changes in immigration policies and procedures, ensuring that we provide you with the most current and accurate advice. Our legal expertise extends to handling complex cases, such as those involving previous immigration violations or criminal records. We can help you understand your options and, if necessary, pursue waivers or other forms of relief.
The Cuban Adjustment Act (CAA) significantly alters the landscape for marriage-based green card applications, particularly for Cuban nationals. This unique set of provisions offers several benefits and exceptions not commonly available through other immigration pathways.
One of the key aspects of the CAA is its "rollback" provision. This allows Cuban nationals, who marry a U.S. Citizen or a green card holder, to have their permanent residency start date set 30 months earlier than the application date. This retroactive adjustment can expedite the process and shorten the waiting period for many benefits associated with permanent residency.
Unlike many other immigration avenues, the CAA does not necessitate proving a fear of persecution if returning to Cuba. This means Cuban nationals can apply for a green card solely based on marriage without needing to provide evidence for asylum claims, simplifying the process considerably.
The act broadens the scope of who can benefit from marriage-based green card applications. Not only does it cover Cuban nationals, but it also extends eligibility to their spouses and children, irrespective of their countries of origin. Notably, this includes family members who are acquired post-arrival in the U.S., such as children born or spouses married after their entry.
The CAA is distinguished by its inclusive approach toward various categories of entrants. It embraces a wide range of individuals, including those who may have overstayed their initial visas, individuals on transit visas, crewmen, and even those who have entered the U.S. Via the Visa Waiver Program or worked without authorization. This inclusivity provides a more accessible pathway to legal residency for many Cuban nationals with diverse immigration histories.
In conclusion, the Cuban Adjustment Act creates a more streamlined, advantageous route for Cuban nationals seeking marriage-based green cards, offering unique provisions that can significantly ease and expedite the application process.
One of the most critical aspects of the family-based green card process is preparing and submitting the required documentation. We assist you in compiling a comprehensive and accurate application package. This includes:
• Filling out forms correctly, such as Form I-485 (Application to Register Permanent Residence or Adjust Status) and Form I-130 (Petition for Alien Relative) • Gathering supporting documents like birth certificates, marriage certificates, and financial records • Ensuring all documents are properly translated and certified • Preparing affidavits and other supplementary evidence to strengthen your case
Our attention to detail in document preparation can significantly reduce the risk of delays or denials due to incomplete or incorrect submissions.
We act as your liaison with U.S. Citizenship and Immigration Services (USCIS) throughout the process. This involves:
• Submitting your application package to the correct USCIS office • Responding to Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) • Tracking your case status and keeping you informed of any updates • Preparing you for interviews with USCIS officers
Our experience in communicating with USCIS allows us to anticipate potential issues and address them proactively. We can also help you understand the often-confusing correspondence from USCIS and guide you on how to respond appropriately.
By working with an immigration attorney, you're not just getting legal representation – you're gaining a knowledgeable advocate who can navigate the complexities of the family-based green card process on your behalf. We're here to answer your questions, address your concerns, and work tirelessly to help you achieve your goal of obtaining permanent residence in the United States.
The first step in the family-based green card process is the initial consultation and case evaluation with an immigration attorney. This crucial meeting sets the foundation for your journey towards obtaining a green card for relatives. We understand that this process can be overwhelming, which is why we're here to guide you through what to expect during this important phase.
When you meet with us for the first time, our primary goal is to assess your eligibility for a family-based green card. We'll carefully review your personal background, family history, and immigration status to determine which category you fall under. This could be immediate relative of a U.S. citizen, family preference category, or other special circumstances.
During this assessment, we'll ask you to provide detailed information about your immigration history. This includes when and how you entered the United States, how long you've stayed, and whether you've ever left or overstayed your visa. We'll also inquire about any previous applications for immigration benefits or relief, and whether you have any pending applications or proceedings.
To make the most of this evaluation, it's crucial to bring all relevant documents to the consultation. These may include:
• Your passport and any visas • Birth certificates for you and your family members • Marriage certificates or divorce decrees • Employment records and educational qualifications • Any previous immigration-related paperwork
By having these documents on hand, we can quickly review important dates and facts, allowing us to provide a more accurate assessment of your case.
Once we've determined your eligibility, we'll explain the family-based green card process in detail. This includes discussing the various steps involved, such as filing the petition, navigating the visa bulletin, and choosing between adjustment of status and consular processing.
We'll break down complex legal concepts into easy-to-understand terms, ensuring you have a clear picture of what lies ahead. We'll also provide an overview of potential outcomes and discuss any challenges or obstacles you might face during the process.
During this explanation, we encourage you to ask questions. There's no such thing as a bad question when it comes to your immigration journey. We're here to address all your concerns and provide clarity on any aspect of the process that seems confusing.
We'll also discuss our services, fees, and the documentation required to move forward with your case. This transparency allows you to make an informed decision about whether to proceed with our representation.
Remember, the initial consultation is your opportunity to get to know us and determine if we're the right fit for your needs. We're here to listen, understand your unique situation, and provide tailored advice to help you achieve your goal of obtaining a family-based green card.
Filing the petition is a crucial step in the family-based green card process. As immigration attorneys, we guide you through this complex procedure to ensure your petition has the best chance of success. The main form we'll be working with is Form I-130, Petition for Alien Relative.
Form I-130 is the cornerstone of the family-based immigration process. It's used by U.S. citizens or lawful permanent residents to establish a qualifying relationship with a foreign relative who wishes to immigrate to the United States. When we help you complete this form, we pay close attention to every detail to avoid potential delays or rejections.
We'll assist you in selecting the correct option for your relative's intended immigration path, whether it's adjustment of status within the U.S. or consular processing abroad. This choice is critical as it determines how your case will be handled after approval.
One common mistake we help you avoid is leaving required fields blank. USCIS may reject forms with missing information in key areas such as your relationship to the beneficiary, your personal information, and the beneficiary's details. We ensure all necessary fields are filled out accurately and completely.
Gathering and submitting the right supporting documents is just as important as correctly filling out the form. We'll help you compile a comprehensive package that includes:
• Proof of your U.S. citizenship or lawful permanent resident status • Evidence of your family relationship with the beneficiary • If you're petitioning for a spouse, documentation showing the bona fides of your marriage
For citizenship proof, we might include a copy of your birth certificate, naturalization certificate, or unexpired U.S. passport. To establish the family relationship, we'll need documents like marriage certificates, birth certificates, or adoption decrees, depending on your specific case.
If you're petitioning for a spouse, we'll help you gather additional evidence to prove the authenticity of your marriage. This could include joint bank statements, lease agreements, or affidavits from people who can attest to your relationship.
We also ensure that all non-English documents are properly translated and certified. This attention to detail can significantly reduce the risk of delays or requests for additional evidence.
By working with us, you can feel confident that your petition package is complete, accurate, and presented in the best possible light. We understand the nuances of the family-based green card process and use our expertise to help you navigate this important step towards reuniting with your loved ones in the United States.
As immigration attorneys, we understand that navigating the Visa Bulletin can be one of the most complex aspects of the family-based green card process. The Visa Bulletin, published monthly by the U.S. Department of State, is a crucial tool that helps us determine when a green card becomes available for our clients.
Your priority date is essentially your place in line for a green card. For family-based immigration, this date is typically the day when USCIS receives your Form I-130 petition. We help you locate your priority date on the I-797 Notice of Action (Receipt Notice) or Approval Notice that USCIS sends after processing your petition.
The length of time it takes to obtain a marriage-based green card can vary significantly. This depends largely on two factors: your spouse's immigration status and where you currently reside.
Spouse's Immigration Status
U.S. Citizen Spouse: If your spouse is a U.S. Citizen, you're likely looking at a shorter wait time.
Green Card Holder Spouse: A spouse who is a green card holder generally means a longer processing period.
Current Place of Residence
Residing in the U.S.: Living in the United States might grant you a different timeline compared to those living abroad.
Living Abroad: Applicants residing outside the U.S. Often experience varied wait times based on processing at their local U.S. Consulate.
U.S. Citizen Spouse, Residing in the U.S.: You can expect a wait time of approximately 12.5 to 22.5 months.
U.S. Citizen Spouse, Living Abroad: The timeline typically ranges from 13.5 to 15.5 months.
Green Card Holder Spouse, Residing in the U.S.: The waiting period is similar to having a U.S. Citizen spouse, between 12.5 to 22.5 months.
Green Card Holder Spouse, Living Abroad: Expect a longer wait, usually around 19 to 33 months.
These are average wait times and can be influenced by specific personal circumstances, processing efficiency at the United States Citizenship and Immigration Services (USCIS), and any regional backlogs. Always check for the most current processing times and consider consulting with an immigration attorney for personalized advice.
Understanding your priority date is vital because it determines when you can take the next step in your green card journey. The Visa Bulletin uses these dates to show which applications are eligible for processing based on the annual limits for different visa categories.
The Visa Bulletin includes two important charts for each visa category: the "Final Action Dates" and the "Dates for Filing Applications." These charts help us determine when you can apply for your green card and when it might be approved.
The "Final Action Dates" chart shows cut-off dates for final approval of immigrant visa applications. If your priority date is earlier than the date listed in this chart, we can proceed with the next step of your visa application process.
The "Dates for Filing Applications" chart indicates when you can submit certain forms and documents to file a visa application. This chart allows us to prepare and file your application earlier, even if final action isn't yet possible.
We closely monitor these charts each month to keep your application moving forward as quickly as possible. Sometimes, priority dates remain unchanged or even move backward, a situation known as visa retrogression. This happens when more people apply for a visa in a particular category than there are visas available for that month.
As your immigration attorneys, we stay informed about these changes and help you navigate any delays or uncertainties. We ensure you're prepared to act quickly when your priority date becomes current, as you have one year from the date an immigrant visa becomes available to claim it.
For those already in the U.S., we can help determine if you're eligible to adjust status when your priority date becomes current. If you're outside the U.S., we'll guide you through consular processing, working with the National Visa Center to prepare your case for an interview at a U.S. embassy or consulate.
Navigating the Visa Bulletin can be challenging, especially with the current limited movement across many categories and lengthy processing times for certain nationalities. However, with our expertise in family-based immigration, we'll help you understand your place in the queue and take the necessary steps to obtain your green card as efficiently as possible.
When it comes to obtaining a family-based green card, there are two main paths: adjustment of status and consular processing. As immigration attorneys, we guide our clients through the complexities of both processes, helping them understand which option is best for their unique situation.
Regardless of whether you're going through adjustment of status or consular processing, preparing for the interview is a crucial step in the family-based green card process. We work closely with our clients to ensure they're ready for this important meeting.
For adjustment of status interviews, which take place at a local USCIS office, we help couples review their relationship history and iron out any inconsistencies in their shared story. This is particularly important for marriage-based green cards, where the interviewing officer will ask questions to verify that the marriage is genuine.
In consular processing, the interview occurs at a U.S. embassy or consulate abroad. We prepare our clients for the specific questions they might face and advise them on the documents they should bring. This preparation is crucial, as consular decisions are generally final and non-reviewable.
For both processes, we recommend that clients gather and organize all relevant documents, including copies of forms and original documents submitted with the application. We also advise on any additional evidence that might strengthen their case, such as joint financial records or proof of shared experiences.
As experienced immigration attorneys, we're well-equipped to handle complex cases and address potential issues that may arise during the family-based green card process.
For adjustment of status applicants, we pay close attention to any immigration violations, such as overstaying a visa. While overstays can sometimes be waived for immediate relatives of U.S. citizens, it's important to understand that USCIS has discretion in interpreting these situations. We help our clients navigate these delicate matters and present their cases in the best possible light.
In consular processing, we're particularly vigilant about potential "administrative review" flags. While it's not always clear why certain cases are flagged, we work to minimize this risk by ensuring all application materials are thorough and consistent.
For clients with criminal records or other negative factors in their history, we carefully evaluate whether adjustment of status or consular processing might be more favorable. In some cases, consular processing may be the better option as consular officers cannot refuse to issue an immigrant visa based on discretion alone.
We also advise clients on travel restrictions during the application process. For adjustment of status applicants, we assist in obtaining advance parole documents to allow international travel without abandoning their application. For those going through consular processing, we provide guidance on the challenges of visiting the U.S. while their immigrant visa petition is pending.
Throughout the family-based green card process, our goal as immigration attorneys is to anticipate potential issues, address them proactively, and guide our clients towards a successful outcome. Whether through adjustment of status or consular processing, we're committed to helping families navigate the complexities of immigration law and achieve their dreams of living together in the United States.
The journey to obtain a family-based green card can be complex, but having an experienced immigration attorney by your side can make all the difference. From the initial consultation to navigating the visa bulletin and preparing for interviews, an attorney's expertise has a profound impact on the process. Their knowledge of legal intricacies, attention to detail in document preparation, and ability to address potential issues can significantly boost your chances of success.
In the end, the goal of reuniting families in the United States is at the heart of the family-based green card process. Whether through adjustment of status or consular processing, the path to permanent residency requires careful planning and execution. With the right legal guidance, families can navigate this journey with confidence, turning their dreams of building a life together in the U.S. into reality. ## FAQs
What are the typical legal fees charged by immigration lawyers for green card applications?
Legal fees for green card applications vary depending on the service. For a Green Card Petition for a Relative, fees range from USD 1,000.00 to USD 3,500.00. An Adjustment of Status Application can cost between USD 2,000.00 and USD 5,000.00, while fees for a Citizenship/Naturalization Application range from USD 500.00 to USD 2,500.00.
Can hiring an immigration lawyer expedite the green card process?
An immigration lawyer cannot accelerate the green card process beyond the limits set by law or regulation. However, an experienced attorney can effectively defend your interests and rights during legal proceedings, which can help avoid unnecessary delays.
What is the current processing time for a family-based green card?
As of the latest data between 2013 and 2023, the median processing time for family-based green card applications, which includes spouses, dependent children, and parents of US citizens, has increased from 4.7 months to 11.8 months.
What steps are involved in the family-based adjustment of status process?
The family-based Adjustment of Status process typically starts with the filing of Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). This form is filled out and submitted by the sponsor on behalf of the immigrant.
The journey to securing a marriage-based green card can vary significantly, influenced by factors such as your partner's immigration status and your current location. Let's explore the typical timelines you might expect in different scenarios:
Residing in the U.S.: The process typically takes between 12.5 to 22.5 months. This range accounts for possible variations in processing times.
Living Abroad: Expect the procedure to last around 13.5 to 15.5 months as your application moves through both U.S. And international channels.
Residing in the U.S.: Here, the timeframe closely mirrors that of a U.S. Citizen spouse, ranging from 12.5 to 22.5 months.
Living Abroad: The wait is generally longer, with an estimated timeline of 19 to 33 months due to extra steps involving international coordination.
These are general guidelines, and several elements may adjust these timeframes. Individual circumstances, U.S. Citizenship and Immigration Services (USCIS) processing speeds, and regional backlogs can all impact how long your application takes.
While these timelines provide a useful starting point, staying informed with current USCIS updates will help you manage expectations.
