BLMT Advocates For The Unification Of All Families, Including Those With Same-sex Couples.
The United States has made it its policy to encourage and foster the growth of strong families. To this end, U.S. allows natural-born citizens, naturalized citizens and legal residents to apply to bring family members into the country.
Bean, Lloyd, Mukherji, & Taylor, LLP (formerly Bean + Lloyd and Park & Taylor) has helped thousands of clients in California and across the country obtain visas and green cards for their close relatives, spouses, children, and fiancé(e)s. An attorney at our firm can evaluate your situation, educate you about the family-based application process, prepare applications for family members, and seek to overcome obstacles which may lie in the way of legal residency.
Call us at 510-433-1900 to schedule an appointment.
California Family Visa Lawyer
While the U.S. encourages family reunification, it places strict rules on who may come to the U.S. and how that occurs. Failure to follow these rules can place your visa application in jeopardy.
A U.S. citizen can apply for visas for:
- A fiancé or fiancée (K-1 visa)
- A spouse (K-3 visa)
- Parents (if the citizen is at least 21 years of age)
- Married or unmarried children over 21 years of age
- Married children under 21 years of age, including stepchildren
- Brothers and sisters (if citizen is at least 21 years of age)
A legal permanent resident can apply for visas for:
- A spouse
- Unmarried children
Bean, Lloyd, Mukherji, & Taylor, LLP (formerly Bean + Lloyd and Park & Taylor) can prepare your family visa petition and assist you through the entire process. Often, these involve consular processing, meaning that your petition comes through a local U.S. embassy or consulate in the home country. Our firm understands this process, the paperwork involved, and how to overcome obstacles which may prevent a petition from being granted.
Common Questions About Family Immigration
Family-based immigration helps unite loved ones, empowering them to build stable lives in the United States. However, the process can be extremely complex. The answers to the below questions can seek to offer clarity about common situations.
How long does the family immigration process typically take?
The length of the family immigration process depends on several factors. Examples include the petitioner’s status (U.S. citizen or lawful permanent resident), the type of familial relationship, and the availability of visas based on government-issued priority dates if it is a preference category case.
Immediate relatives of U.S. citizens – spouses, parents and unmarried children under 21 – typically experience shorter wait times, ranging from about one to two years. Those applying under preference categories, such as siblings or adult children of U.S. citizens, or spouses or minor children of lawful permanent residents, may wait several years, or even decades, due to annual visa limits.
Delays can also occur due to incomplete applications, background checks or changes in immigration policies.
What are the eligibility requirements for a family-based green card?
To qualify for a family-based green card, applicants must have a qualifying relationship with a U.S. citizen or lawful permanent resident. Eligible relationships include spouses, children, parents and siblings in specific categories.
The U.S. citizen or resident petitioner must file Form I-130 (Petition for Alien Relative). Required documentation includes proof of the legal relationship (such as birth or marriage certificates). If one is applying based on a marital relationship, documentation evidencing the bona fide marriage, such as proof of children had during the relationship, joint financial records, and proof of joint residency, are required for USCIS to determine the marriage is not fraudulent.
If the applicant is filing from within the United States, applying for adjustment of status, the residency application requires, evidence of their legal entry into the United States, subject to a few exceptions.
If the beneficiary is already abroad, or must depart the country to file from abroad, there are additional requirements for consular processing that must be completed in their their home country. Often, they must apply for a provisional unlawful presence waiver before departing, so as not to trigger the 3 or 10-year bars.
In both the consular processing and adjustment of status processes, the petitioner, subject to a few exceptions, must sign an Affidavit of Support to serve as the financial sponsor to the intending immigrant.
How do I prepare for the family immigration interview?
Much of the time, if the applicant is in the United States, they will be called into USCIS for an interview for their I-130 petition and/or their adjustment of status application.
Preparation is essential for a successful interview. You should review all submitted forms and gather supporting documents, including passports, identification, and updated proof of the relationship.
It is important to arrive early, dress professionally, and answer questions honestly and clearly. For spousal cases, officers may ask about the history of your relationship, shared living arrangements, family or friends you have met on either side, or plans for the future. Having an experienced legal team to do a mock interview with you can help you feel more confident and reduce the risk of delays due to unclear or incomplete responses. Furthermore, having an expert attorney representing you at the interview can provide you with support and peace of mind.
What happens if my family immigration application is denied?
Before an application is denied, you are usually given a chance to respond with more evidence. If your application is ultimately denied, it is important not to panic. The denial notice typically includes the reason for the decision and whether you can appeal. Some applicants may choose to refile, while others may appeal.
An experienced immigration attorney is highly recommended to evaluate available options and develop a strategic path forward after denial.
Depending on the immigration policies at the time, a denial may result in a Notice to Appear, placing the beneficiary into removal proceedings. In that case, it is essential to hire an experienced immigration attorney who is an expert in representing clients in immigration court.
Family-Based Applications Can Be Complex
Some situations can present serious problems for the family-based applicant. If the applicant is living in the United States unlawfully, and plans to consular process, they may be placed in removal proceedings before having a chance to pursue that route. Any applicant with certain grounds of inadmissibility such as prior immigration violations, a false claim to citizenship, or certain criminal convictions or conduct, may be denied and placed in removal proceedings. Our attorneys understand the complexities of immigration law and how to use the law to our clients’ advantage. Depending on your particular circumstances, we strive to overcome these problems and help you united with your family in the United States.
For a consultation with Bean, Lloyd, Mukherji, & Taylor, LLP (formerly Bean + Lloyd and Park & Taylor), call 510-433-1900, or contact us online.