Family-based immigration to the USA | Arvian Law Firm

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Family-based immigration to the USA

Our experienced immigration attorneys provide comprehensive services for families, using their deep understanding of immigration law to assist with a wide range of cases. We help with petitions for spouses, children, parents, and other family members

Family-Based Immigration Services in the USA: Your Path to Reunification

Are you a U.S. citizen or lawful permanent resident who dreams of bringing your loved ones to America? The process of family-based immigration can be complex, but it’s a powerful way to reunite families and build a life together in the United States.

What is family-based immigration?

Family-based immigration allows U.S. citizens and green card holders to sponsor certain family members for permanent residence (a green card). This could include your spouse, children, parents, or siblings.

Arvian Law Firm: Your Trusted Family Immigration Partner

At Arvian Law Firm, we understand the deep emotional bonds that unite families. Our team of experienced immigration attorneys is dedicated to guiding you through every step of the family-based immigration process. We’ll handle the paperwork, navigate the legal complexities, and advocate for your family’s best interests.

Why family-based immigration matters now more than ever

In today’s world, family reunification is more important than ever. Recent changes in immigration policy have highlighted the need for expert guidance to ensure a smooth and successful immigration journey. Whether you’re just beginning to explore your options or facing unexpected challenges, we’re here to help you achieve your dream of a united family.

Stay Informed: We’ll keep you informed of any changes in the law that may affect your family’s immigration case.

Let’s Get Started: Contact Arvian Law Firm today for a consultation and take the first step toward keeping your family together.

The Power of Family: Benefits of Family-Based Immigration

Reuniting Families: The heart of the matter

Family is the cornerstone of our lives, providing love, support, and a sense of belonging. Family-based immigration offers a lifeline to those separated by borders, allowing them to reunite with their loved ones and build a future together in the United States.

Emotional and psychological well-being: The emotional benefits of family reunification are immeasurable. Studies have shown that separation from loved ones can lead to stress, anxiety, and depression. Family reunification can alleviate these negative effects and promote the overall well-being of all family members.

A strong support system in a new country

Immigrating to a new country can be both exciting and challenging. Having a strong family support system can make all the difference.

  • Emotional Support: Family members provide comfort, encouragement, and a sense of stability during the adjustment process.
  • Practical Assistance: Family can help with everyday tasks, language barriers, and navigating a new culture.
  • Cultural Connection: Family ties help preserve cultural traditions and create a sense of community in a new environment.

Economic and Social Benefits

In addition to strengthening families, family-based immigration contributes to the economic and social fabric of the United States.

  • Economic Contributions: Immigrants who reunite with family members often find employment more quickly, start businesses, and contribute to the economy through taxes and consumer spending.
  • Social Integration: Family connections facilitate faster integration into American society as immigrants learn English, understand cultural norms, and build relationships with their new communities.

Family-based immigration is not just about paperwork and legal processes. It’s about bringing families together, promoting emotional well-being, and enriching communities across the United States.

Navigating Family-Based Immigration: Understanding Your Options

Family-based immigration offers several avenues for U.S. citizens and lawful permanent residents to sponsor their family members. Let’s examine the two main categories:

  1. Immediate relatives:

This category gives priority to the immediate family members of U.S. citizens, with no annual numerical limits on visas:

  • Spouse Visas (IR-1 or CR-1): The process for sponsoring your spouse involves proving a valid marriage and meeting certain financial requirements. Spouses of U.S. citizens usually enjoy a relatively faster processing time.
  • Unmarried Children Under 21 of U.S. Citizens (IR-2): This category allows U.S. citizens to sponsor their unmarried children under the age of 21.
  • Parents of U.S. Citizens (IR-5): U.S. citizens who are at least 21 years old may petition for their parents to become permanent residents.

Benefits of Immediate Relative Petitions:

  • No numerical limits: Visas are available without waiting for an annual quota.
  • Faster processing: Immediate relative petitions often have shorter processing times than family preference categories.
  1. Family Preference Categories:

This category covers a broader range of family relationships with annual numerical limits on visas. These categories are further divided into preference categories (F1, F2A, F2B, F3, and F4), each with different waiting periods:

  • F1: Unmarried adult children (21 years or older) of U.S. citizens.
  • F2A: Spouses and unmarried children (under 21) of lawful permanent residents.
  • F2B: Unmarried adult children (21 or older) of lawful permanent residents.
  • F3: Married children of U.S. citizens.
  • F4: Siblings of adult U.S. citizens.

Understanding the Visa Bulletin and Priority Dates:

The U.S. Department of State publishes a monthly Visa Bulletin showing the availability of immigrant visas for each family preference category. Each applicant is assigned a priority date based on when his or her petition was filed. The Visa Bulletin will help you track when a visa will become available for your specific category and priority date.

Need assistance? We’re Here to Help

Understanding the complexities of family-based immigration can be overwhelming. That’s why Arvian Law Firm is here to guide you through the entire process. We’ll help you determine the best path for your family, ensure that all paperwork is carefully prepared, and keep you informed of any changes that may affect your case.

Beginning the Journey: The Family-Based Immigration Process

The family-based immigration process can seem daunting, but with the right guidance, it can be a smooth and successful journey. Here’s an overview of the key steps and requirements involved:

Eligibility and Requirements:

  • Petitioner: The petitioner must be a U.S. citizen or lawful permanent resident (green card holder).
  • Relationship: The petitioner must have a qualifying family relationship with the beneficiary (the person being sponsored). This includes spouses, children, parents, siblings, or other specified family members.
  • Age: The petitioner must be at least 21 years old to sponsor a parent or sibling.
  • Financial Support: The petitioner must demonstrate the financial ability to support the beneficiary and prevent him or her from becoming a public charge. This typically involves submitting an Affidavit of Support (Form I-864) and providing proof of income and assets.

Documentation and proof:

The specific documents required will vary depending on the type of family relationship, but in general, you’ll need to provide the following:

  • Petition (Form I-130): This form establishes the qualifying family relationship between the petitioner and the beneficiary.
  • Affidavit of Support (Form I-864): This document demonstrates the petitioner’s financial ability to support the beneficiary.
  • Birth Certificates: For children, parents, and siblings.
  • Marriage Certificates: For spouses.
  • Divorce Decree: If applicable.
  • Financial documents: Proof of income, tax returns, bank statements, etc.
  • Police clearance: To demonstrate good moral character.
  • Medical Examination: Conducted by a designated civil surgeon.
  • Photographs: Passport-style photographs.
  • Other supporting documents: As required by the USCIS.

The Process: A Step-by-Step Guide

  1. Filing the Petition: The petitioner files the Form I-130 with the USCIS, along with supporting documents.
  2. National Visa Center Processing: If approved, the petition is forwarded to the National Visa Center (NVC), which collects fees and documents.
  3. Consular Processing or Adjustment of Status:
    • Consular Processing: For beneficiaries living abroad, the case will be sent to a U.S. embassy or consulate for visa processing.
    • Adjustment of Status: For beneficiaries already in the U.S. on a lawful non-immigrant visa, they may apply for a green card through adjustment of status.
  4. Interview: The beneficiary will attend an interview at a U.S. embassy or consulate (consular processing) or at a USCIS office (adjustment of status).
  5. Decision: A decision is made to approve or deny the visa or adjustment of status application.

Need expert guidance?

Arvian Law Firm understands the intricacies of the immigration process. Our team will handle the paperwork, gather evidence, communicate with government agencies, and prepare you for your interview. Let us be your trusted partner in your family’s immigration journey.

Filing Your Family Based Petition (Form I-130) Your First Step Toward Reunification

Filing Form I-130, Petition for Alien Relative, is the critical first step in the family-based immigration process. Here’s a step-by-step guide to help you navigate the process smoothly:

  1. Gather the necessary documents:
  • Form I-130: Download the latest version from the USCIS website.
  • Supporting Evidence: Refer to the specific requirements for your family relationship category (as mentioned in the previous section). Make sure all documents are translated into English if they are in another language.
  • Filing Fee: Check the USCIS website for the current filing fee.
  1. Complete Form I-130:
  • Read the instructions carefully: The USCIS provides detailed instructions with the Form I-130. Follow them carefully to avoid mistakes or delays.
  • Provide accurate information: Check all information for accuracy, including names, dates of birth, and addresses.
  • Sign and Date: Both the claimant and the beneficiary (if applicable) must sign and date the form.
  1. Submit your petition:
  • Online Filing: The most convenient option is to file online through your USCIS online account.
  • Mail Filing: If you prefer to mail your petition, follow the instructions on the USCIS website to send it to the correct address.

Common mistakes to avoid:

  • Incomplete Information: Make sure all sections of the form are filled out completely and accurately.
  • Incorrect filing fee: Check the USCIS website for the latest fee information.
  • Missing or Incorrect Documents: Submit all required documents as specified for your family relationship category.
  • Failure to follow instructions: Carefully review the USCIS instructions to avoid mistakes in completing the form or submitting the petition.

Tips for a successful petition:

  • Start early: The immigration process can take time. Start gathering documents and preparing your petition as early as possible.
  • Seek Legal Advice: If you have doubts or questions, consult with an experienced immigration attorney for guidance and support.
  • Organize Your Documents: Create a checklist of required documents and keep copies of everything you submit.
  • Be Patient: Processing times can vary, so be prepared for potential delays and check on the status of your case as needed.

Remember: Arvian Law Firm is here to help you every step of the way. We can review your documents, prepare your petition, and make sure your application is submitted correctly. Don’t hesitate to contact us for expert assistance.

The final steps: Visa Processing for Family-Based Immigration

Once your I-130 petition is approved, the path to obtaining a green card for your family member depends on his or her location:

  1. Consular processing (for beneficiaries outside the U.S.):
  • National Visa Center (NVC): After USCIS approves your petition, it’s sent to the NVC, which requests additional fees and documents.
  • Consular Interview: The NVC schedules a visa interview at the U.S. embassy or consulate in the beneficiary’s home country.
  • Medical Examination: The beneficiary undergoes a medical examination by a designated physician.
  • Visa issuance: If approved, an immigrant visa is issued, allowing the beneficiary to enter the U.S. and become a lawful permanent resident upon arrival.
  1. Adjustment of Status (for beneficiaries in the U.S.):
  • Eligibility: The beneficiary must be physically present in the U.S. and entered legally (e.g., with a valid visa).
  • Form I-485: The beneficiary files Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents.
  • Biometrics Appointment: The beneficiary attends an appointment to provide fingerprints and photographs.
  • Interview: An interview may be required at a USCIS office.
  • Work and Travel Authorization: The beneficiary may apply for work and travel authorization while the petition is pending.
  • Approval: If approved, the beneficiary receives a green card and becomes a lawful permanent resident.

The Visa Interview: What to Expect

The visa interview is a critical step in both consular processing and adjustment of status. Here’s what to expect:

  • Preparation: Gather all required documents (passport, birth certificate, marriage certificate, etc.) and thoroughly review your petition information.
  • Questions: The consular officer (for consular processing) or USCIS officer (for adjustment of status) will ask questions to verify the information in your petition and assess your eligibility for a green card.
  • Honesty and Confidence: Answer truthfully and confidently. Be prepared to explain your relationship with the petitioner and your intentions in the U.S.
  • Decision: The officer will make a decision on your case, either approving or denying your visa or green card application.

Arvian Law Firm can help you prepare

We understand that the visa interview can be stressful. Our team can help you prepare thoroughly by providing guidance on what to expect, reviewing your documents, and conducting mock interviews to build your confidence.

Choosing the Right Path for Your Family

The decision to pursue consular processing or adjustment of status depends on your individual circumstances. Arvian Law Firm can assess your situation and recommend the best option for your family. We’ll guide you through the entire visa process to ensure a smooth and successful experience.

Preparing for a new chapter: Arrival and Integration in the USA

The final steps in the family-based immigration process are preparing for your loved one’s arrival in the United States and helping them successfully integrate into their new home.

Preparing for entry into the U.S:

  • Immigrant Visa: If your family member is arriving through consular processing, make sure they have their immigrant visa and all required documents.
  • Travel Arrangements: Make travel arrangements and ensure that the beneficiary has a valid passport and all required immunizations.
  • Housing: Secure suitable housing for your family member upon arrival.
  • Financial Support: Be prepared to provide financial support and guidance as your loved one settles into their new life.

First Steps Upon Arrival:

  • Port of Entry: Upon arrival at a U.S. port of entry (airport, seaport, or land border), your family member will present their immigrant visa to a Customs and Border Protection (CBP) officer.
  • Green Card: If entering through consular processing, your family member will receive their green card in the mail within a few weeks of arrival. If they adjust status from within the U.S., the green card may arrive sooner.
  • Social Security Number: Help your family member apply for a Social Security Number (SSN), which is essential for employment and various government benefits.
  • Driver’s License: Help them obtain a driver’s license if they plan to drive.

Integration Support:

  • Language Assistance: If English is not their first language, help them enroll in English classes or conversation groups.
  • Cultural Orientation: Introduce them to American culture, customs, and social norms.
  • Community Resources: Connect them with local community organizations, cultural groups, and resources for immigrants.
  • Employment Assistance: Help them find a job, update their resume, and prepare for interviews.

Arvian Law Firm Continues to Support You

Even after your family member’s arrival, our team at Arvian Law Firm is available to provide ongoing support and guidance. We can help with any questions or challenges that arise during the integration process, ensuring that your loved one feels welcomed and empowered in their new home.

Building a future together

The journey of family-based immigration is not just about getting a green card. It’s about building a new life together in the United States. With careful preparation, support, and guidance, you and your loved ones can create a fulfilling and prosperous future in your new home.

Arvian Law Firm: Your Partner for Successful Family Reunification

When it comes to navigating the complex world of family-based immigration, you need a partner you can trust. Here’s why Arvian Law Firm is the ideal choice for your family’s immigration journey:

Experience and Expertise You Can Count On:

  • Proven Track Record: Our team of experienced immigration attorneys has successfully handled countless family-based immigration cases. We have in-depth knowledge of the laws, regulations, and procedures involved.
  • Success Stories: Our clients’ testimonials speak volumes about our commitment and results. We’ve helped families from all walks of life reunite with their loved ones in the United States.

Personalized Service Tailored to Your Needs:

  • Individualized attention: We understand that each family is unique. We take the time to listen to your specific needs and concerns, and provide personalized guidance and support throughout the process.
  • Customized Solutions: We don’t believe in one-size-fits-all approaches. We develop customized strategies to address your specific circumstances and maximize your chances of success.
  • Open Communication: We believe in clear and transparent communication. You’ll always know the progress of your case and any challenges that may arise.

Comprehensive assistance beyond the basics:

  • Expert Legal Advice: We provide comprehensive legal advice on all aspects of family-based immigration, including eligibility requirements, documentation, and potential challenges.
  • Meticulous Document Preparation: We ensure that all your forms and supporting documents are meticulously prepared and submitted accurately, minimizing the risk of delays or rejections.
  • Ongoing Support: Our commitment to you doesn’t end when your petition is approved. We continue to provide support and guidance throughout the visa or adjustment of status process, preparing you for interviews and ensuring a smooth transition to your new life in the United States.

Choose Arvian Law Firm and Experience the Difference

With Arvian Law Firm, you’re not just hiring an immigration service; you’re gaining a dedicated partner invested in your family’s future. We are passionate about helping families reunite and thrive in the United States. Contact us today for a consultation and let us show you how we can make your dreams of family reunification a reality.

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Begin Your Family Reunification Journey Today

Don’t let distance keep you apart from your loved ones any longer. Take the first step toward a brighter future together in the United States.

Your Next Steps:

  1. Contact Us: Reach out to Arvian Law Firm for a personalized consultation. We’ll discuss your family’s unique situation and create a customized plan to achieve your immigration goals.
  2. Gather Documents: We’ll provide a detailed checklist of the documents needed to start your family-based immigration petition.
  3. File Your Petition: We’ll handle the preparation and filing of all necessary paperwork, ensuring accuracy and compliance with USCIS requirements.
  4. Visa Processing: We’ll guide you through consular processing or adjustment of status, preparing you for interviews and ensuring a smooth experience.

Contact Arvian Law Firm Today:

  • Phone: +1 (213) 839 0095
  • Email:  info@arvian.com

Our dedicated team is available to answer your questions, address your concerns, and provide the expert guidance you need to navigate the family-based immigration process successfully.

Let’s Bring Your Family Together!

Your dream of a united family is within reach. Trust Arvian Law Firm to be your partner on this important journey. We’re committed to helping you achieve your goals and build a brighter future with your loved ones in the United States.

A green card in the United States can be applied for and granted to a person with a direct and blood relationship to a citizen or lawful permanent resident of the United States. This benefit is available to a person’s “immediate family,” which includes the spouse, minor children, parents, and siblings of the adult children.

  • A US citizen is eligible who is under 21 years old and is unmarried
  • An American citizen who adopts an orphan in another country

 

A parent of a legal US resident minor (those that are at least 21 years old)
For immigration reasons, everyone under the age of 21 is considered a minor. Furthermore, under immigration law, everyone beyond the age of 21 is considered an adult.

NOTE that Parents, Spouses, and Children under 21 are considered “Immediate Relatives” under U.S. immigration law and are entitled to a preference in the processing of the case. Immediate relatives are not subject to numerical limitations or caps, and they are also excused from certain minor immigration violations (eg. failure to maintain status, unauthorized employment) which allows them to adjust status and obtain their green card in the U.S., even though they may have technically violated the law.

Lawful Permanent Resident (Green Card Holder) can sponsor his or her:
1. Spouse
2. Child under 21
3. Child over 21 (who is not married)

Unlike US citizens, they are not eligible to receive family members through the family unity program. However, there is a waiting period because there is a yearly quota for green cards to be handed to family members of US permanent residents. In contrast, the paperwork for family members of US citizens can be issued at any time.

Petitioners must be either lawful permanent residents or United States citizens. Non-citizens and visa holders are not eligible to apply for the K-1 fiancé visa. After that, you’ll need to show that you intend to marry your fiance within 90 days of his arrival in the United States. You must also provide proof that any previous marriages have been legally dissolved.

To apply for K-3 spouse status, the applicant or individual must be married to a US citizen. Form I-130 must have been previously submitted by their spouse on the applicant’s behalf. Applicants under the age of 21 who are the legitimate children of K-3 applicants and who are not married will be awarded K-4 status. However, certain cases defy this rule, and a good immigration attorney can help you.

Through the assistance of immigration lawyers, victims of domestic violence, sexual assault, or elder abuse can self-petition for lawful permanent status under VAWA. A battered spouse can file a VAWA application, a victim of abuse under the age of 21, a parent whose kid has been harmed by their lawful permanent resident spouse, or a parent whose child is at least 21 years old and a citizen of the United States.

Before the two years are over, the couple must seek to have the requirements removed and permanent documents provided to the spouse. In the case of a married relationship, both partners must submit applications for permanent residency. It is necessary to give evidence of a good faith marriage once again with the application to have conditions removed, even if substantial evidence was already submitted at the time of the initial interview.

Divorcing families may find immigration regulations considerably more complicated than they already are. Most immigrants are fearful of getting a divorce or formal separation for fear of jeopardizing their green card status. The solution is unique to each situation. In order to improve their chances of being awarded a green card, divorced immigrants may still pursue the usual procedures. The best way to learn about your legal rights is to speak with an immigration lawyer.

In the event that an applicant for permanent resident status is denied, they may file a waiver using Form I-601. Additionally, it can be used if the immigrant is trying to obtain a benefit for which they may still need to meet eligibility requirements. A person ineligible for immigration benefits may submit a waiver request in this manner to have that ineligibility overturned. The application’s eligibility and the specific use sought will determine whether or not the application is approved.

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