Family-Based Immigration in Florida
Find an immigration attorney in Hallandale Beach, FL
People, ethnicities, and cultures have long been mixed in the United States. Our nation has always been welcoming to newcomers. Nevertheless, our generosity has resulted in overpopulation. As a response, the US government has tightened its visa and green card application processing procedures. Depending on the family link, processing delays for certain visas or green card applications might take years, if not decades. As such, it is an advantage to work with a reliable immigration law firm in Florida to make sure that your petition goes without a hitch. Read on for more information on how to get to the United States and live the American dream.
- Petition Types Based on the Family
- Immigration Options for Families
- Find a Green Card Lawyer in Hallandale Beach, Florida
Meanwhile, millions of lawful permanent residents and citizens of the United States want to reconcile with family members who live abroad. Even worse, notaries and other persons take advantage of these families by providing inaccurate legal advice, making false promises, and accepting money without intending to provide an immigration service. Now, more than ever, families need sound immigration assistance from qualified immigration attorneys.
Petition Types Based on the Family
When a family member petitions on your behalf, you are placed in a preference group based on your relationship with the petitioner.
The following are some of the options:
- Immediate Relatives: This category includes petitions from U.S. citizens seeking to sponsor their spouses, U.S. citizens seeking to sponsor their under-21-year-old children, and U.S. citizens seeking to sponsor their parents.
- First Preference: These petitions are for single-grown children who are above the age of 21 who are petitioning on behalf of US citizens.
Petitioners under the age of 21 who are the offspring of lawful permanent residents are eligible for second preference (2A).
- Second Preference (2B): Adult children of lawful permanent residents who are above the age of 21 are eligible for this preference.
Petitioners from the United States who are seeking married children of any age are eligible for third preference.
Petitioners over the age of 21 who want to bring their siblings into the United States are given fourth preference in this category.
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Categories of Interest
Immigration to the United States is at an all-time high. Priority dates have been established by the United States Citizenship and Immigration Services (USCIS) based on the preference categories listed above. After a petition is accepted, close relatives should not have to wait in line for a visa or green card.
The priority date determines whether or not visas and green cards are available for other applicants. According to the greatest preference category, priority dates are established in chronological sequence. After which, petitioners are assigned priority dates depending on the date of their earliest submission. Availability and wait periods for visas and green cards are also affected by the nationality of the recipient. Visas and green cards may take up to a decade to process, depending on the nation and preference category.
Your case and preference category should be evaluated by a Hallandale Beach family immigration attorney that specializes in green card petitions to get an idea of how long it will take to complete your application.
Hallandale Green Card Conditional Waiver Petition
Two-year conditional green cards are given to those who have been granted lawful permanent residency status. Green card holders must remove the restrictions on their green card after two years to be eligible for a 10-year visa.
True marital status will be the deciding factor in any petition for a waiver of requirements. During the two years of the restricted green card, USCIS will be suspicious of any marriage that ended in divorce or separation. You need a Florida immigration lawyer that has the expertise to submit the necessary supporting documentation to ensure that you have the greatest chance of getting your case accepted.
Included in the proof of a marriage’s legitimacy are such things as:
- Testimony from those who know about the marriage
- Birth certificates for children
- An official document stating that a spouse has changed his or her last name.
- Signs of a well-deserved break
- The financial accounts of both parties
- Tax returns that are filed jointly
- Records about the ownership of shared property
- Records of a rental agreement
- Insurance plans that cover the death of the policyholder
- Receipts for purchases made by the two of you
- Combined utility bills for both partners
USCIS is likely to request an interview for anybody suspected of marriage fraud, in addition to presenting acceptable proof. The USCIS official has the option to question you about your marriage and your credibility during the interview. Because of this, interviews may have a significant impact on whether or not your application is accepted. Preparation for the interview may be helped by working with an experienced immigration attorney, who can also accompany you to the interview.
Immigration Options for Families
Thousands of families go through the legal procedure of immigrating to the United States each year. Our Florida Family Immigration Lawyers are familiar with the many methods in which families enter the United States, including:
Work Visas: You and your children may be eligible to immigrate as H4 dependents if your spouse secures an employment visa. This visa allows your family to stay in the United States while your spouse is on a visa.
Family Visas: A current U.S. citizen or Lawful Permanent Resident may be eligible to sponsor certain family members who fit the criteria for immigration to the United States.
Fiancé(e) Visas: If they intend to marry within 90 days of their fiancé(e)’s admission into the country, a present US citizen may be eligible to sponsor their fiancé(e) for immigration to the US.
Once your relatives have obtained lawful immigration status, they may choose to seek citizenship when they are eligible. Naturalization is a procedure that allows people to become citizens of the United States.
Petition for Alien Relative (I-130) Assistance
Our immigration lawyers can assist you in filling out and submitting the necessary paperwork to acquire a green card for your spouse based on marriage. To keep things moving, we’ll make sure you satisfy all applicable deadlines.
Some of the forms that our office creates for our customers are seen below.
- Alien Relative Petition Form I-130, U.S. Immigration, and Customs Enforcement.
A spouse who is qualified for a marriage-based green card may begin the process by filling out this form. This petition must be filed by U.S. citizens and permanent residents on behalf of their spouses.
- I-485 “Application to Register Permanent Residence or Adjust Status” by the U.S.
Immigration and Customs Enforcement. To apply for legal permanent residency status, a foreign spouse may utilize this form, often known as the Adjustment of Status or AOS form. While the green card application is being processed, the spouse will not be required to return to their home country.
- Form I-864, “Affidavit of Support” for U.S. Immigration.
Immigrant spouses may use this form to demonstrate their ability to sustain themselves without relying on the government.
- Form I-601 “Application for Waiver of Grounds of Inadmissibility” in the United States immigration system.
To ask for a waiver of specific inadmissibility reasons, the foreign spouse might utilize this form. An expert immigration attorney can assist you to complete this form since you’ll need documentation to back up your claim.
- Form I-944, “Declaration of Self-Sufficiency” for U.S. Immigration.
Use this form if you’re concerned about becoming a public charge at some point in the future. It is now mandatory to submit Form I-944 with many petitions for immigration status modification.
A marriage-based green card for your spouse will need the submission of one or more of these papers. An immigration attorney from The Law Offices of Robert M. Bell, P.A. is essential since errors or incomplete applications might result in significant delays or refusal of your application.
Timeline for Obtaining a Green Card Based on Marriage
Working with an expert immigration attorney who can assist with deadlines and filing requirements is the fastest and most effective approach to secure a marriage-based green card for a spouse. However, there are certain basic requirements for acquiring a marriage-based green card for your spouse that apply to both of these procedures.
Consular Processing at the State Department
If you are a U.S. citizen or legal permanent resident married to a foreign person who is still residing overseas, this schedule will apply to you. This is a broad chronology that you may use as a reference. The amount of time it takes to process an order is subject to change.
I-130 Petition Processing by USCIS (7-11 months).
As previously indicated, you must submit Form I-130, “Petition for Alien Relative” with the USCIS. On behalf of the foreign spouse, a U.S. citizen or legal permanent resident must complete this form. For your spouse’s marriage-based green card, you may need to submit extra papers, so contact an attorney to be sure all criteria are met. A legal permanent resident filing for a spouse may face lengthier processing timeframes.
Application for an Immigrant Visa (3-6 months).
If your I-130 petition is granted, USCIS will transmit it to the National Visa Center (NVC), which will initiate an immigrant visa case with the State Department. There will be more paperwork to fill out. You and your spouse will be asked to provide further information and documentation by the NVC.
Approval and Interview (3 or more months).
The US embassy or consulate in your spouse’s place of citizenship will arrange an interview after the NVC has received all appropriate paperwork. If granted, your spouse will be given an immigrant visa to enter the United States. Following your arrival in the United States, your spouse will get a green card in the mail.
The United States Citizenship and Immigration Services (USCIS) Adjustment of Status (USCIS)
If you are a U.S. citizen, or in certain situations, a legal permanent resident, married to a foreign citizen who is already residing in the United States, this timeframe will apply to you. The following is the timeframe for marriage-based green cards:
USCIS requires you to submit a bundle of application forms and supporting papers. A knowledgeable immigration attorney can clarify the procedures and documents needed for your specific situation.
Approval and Interview
A local USCIS office will interview you and your spouse to assess your applications and ask you questions about your history. USCIS will make a determination or seek further proof after the interview. You will be issued a legal permanent residence card if your application is granted (also known as a green card.)
Find a Green Card Lawyer in Hallandale Beach, Florida
AmLaw Group can help you or a member of your family acquire a visa or green card via a family-based petition. Our Hallandale Beach immigration lawyers do not charge any fees to examine your case. Please contact us if you have any questions regarding bringing your loved one to the United States. Charles Raether, the firm’s founding attorney, will meet with you or a family member to discuss your situation and provide a comprehensive legal opinion. Our Hallandale immigration law practice serves clients in many parts of the county and state of Florida.
To set up an appointment, call (305) 509-6400 now.
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