Family-based immigration law

Guiding you through family immigration

family successfully immigrating to the us

We can help you and your family immigrate to the U.S.

We understand how important it is to keep our families together in one place. If you are living in the U.s. and want to help your loved ones obtain U.S. permanent residence, then you have come to the right place. The immigration process for the U.S. can get quite complicated and overwhelming, and many families lose hope and give up, however with our help, we’ll guide you through this process to make it easy as possible for you. We have helped hundreds of families immigrate to the U.S. and we can help you too.

Family immigration process

Identifying your family’s situation

Every family is different and there are many situations that need to be considered when
applying for immigration to the U.S. Your family details will help us in identifying how to get you
approved to come to the U.S.

In our first meeting, we will discuss your family, history, the details regarding who is immigrating to the U.S. and the status you are trying to achieve. Since we have to prove everything to the U.S. government, it is crucial for us to know all the correct information, therefore we require all the parties to be open and honest during our conversations so that we are able to provide you with the best advice to have success in your immigration process.

family based immigration services dublin ohio

Most common options for immigrating

Immediate family member

Immediate relatives are the spouses, parents and unmarried children under the age of 21 of U.S. citizens. A sponsoring relative may petition for the immediate relative by filing Form I-130 and Form I-485 with USCIS, if the foreign national is eligible to adjust status while physically present in the United States. If the foreign national is not present in the United States, the sponsoring relative will file Form I-130 with USCIS first, and upon approval the foreign national will go through consular processing to apply for an immigrant visa with a US Embassy overseas.

Spouse or fiance visas

If you are engaged or married to someone living in the U.S. then you may qualify for a fiance/spousal visa. The U.S. citizen fiance will file Form I-129F with USCIS and then the foreign national will apply for a K-1 visa via consular processing. In the case of a spousal visa, the U.S. citizen spouse will file Form I-130 first, followed by Form I-129F with USCIS, then upon approval of these petitions, the foreign national will consular process to apply for a K-3 visa at the applicable US Embassy.

Common types of U.S. visas

When we work with families, one of the first thing we try and obtain is a green card if applicable to their situation. If ineligible, we move on to other types of visas.

The following are the common types of U.S. Visas that a person can use to immigrate to the U.S.:

  • IR1, CR1: Spouse of a U.S. Citizen 
  • K-1: Fiancé(e) to marry U.S. Citizen & live in U.S.
  • K-3: Spouse of a U.S. Citizen awaiting approval of an I-130 immigrant petition
  • IR3, IH3, IR4, IH4: Intercountry Adoption of Orphan Children by U.S. Citizens
  • IR2, CR2, IR5, F1, F3, F4: Certain Family Members of U.S. Citizens
  • F2A, F2B: Certain Family Members of Lawful Permanent Residents

Potential problems during family immigration

Identifying your family’s situation

How complications may arise in your application process

There are different reasons why your family-based immigration process may face government challenges. The following are some of the potential areas more susceptible to challenges that we can help you overcome:

Improper documentation.

Marrying outside the US

The US immigration authorities require civil documents such as birth and marriage certificates in foreign countries to be issued by specific authorities and in a certain format in order to comply with the American standards. Care should be taken to ensure that proper documentation will be provided in order to avoid issues throughout an immigration process.

Difficulty speaking english

Although English-fluency is generally not required in a family-based immigration process, if a foreign national is not fluent enough, he/she may encounter additional scrutiny in the visa application process. For example, in a marriage-based green card process, the immigration officer may question how a foreign national is supposed to communicate with his/her American spouse and therefore challenge the true nature of their marriage.

Previous visa expiring

Renewing one visa may take precedence over another. Depending on the visas, applying for two different types at the same time may get one or both of the applications denied.

Undocumented individuals

Lack of documentation can be a reason for denial and/or cause an immigration process to take much longer. Depending on whether the spouse is a fiance or married already additional immigration options may be possible.

Children

Unmarried children or stepchildren under the age of 21 may be able to immigrate much quicker and not be subject to annual visa quota. Children who are over 21 may still immigrate with their parents as minors if they qualify for protection under the Child Status Protection Act. Married children may become disqualified from the visa process altogether.

Previous marriages

You will have to provide divorce documentation or a death certificate to prove a previous marriage has been ended.

Failure to attend appointments

An in-person appointment is required for an application to be considered complete. All appointments must be attended or rescheduled or your paperwork can be denied.

Health or medical disorders

If you fail to provide the correct medical records, if you are a drug abuser, someone who is deemed a threat to themselves or others, or have diseases found outside the US and could be dangerous to the public, all of these reasons can be used to deny your application

Criminal background or security related

People convicted of various crimes may not be permitted to enter the US. These include but are not limited to repeat criminal offenders, money laundering or fraud, drug trafficking, prostitution, and commiting crimes against religious freedoms.
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Applying for a family-based immigrant visa is never easy. You will benefit greatly by hiring the services of a family-based immigration lawyer who will be able to explain your options, help you with your application, protect your interests through the entire immigration process and help you achieve your immigration goals in a time-efficient manner.

Get a one-on-one consultation with Jane so she can identify your needs on how we can help you.

Contact our team today to book an appointment.

See our Frequently Asked Questions below for commonly asked questions about family immigration

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Frequently asked family immigration questions

A green card is issued by the U.S. Citizenship and Immigration Services that allows the person to live in the U.S. and enjoy various benefits of being a permanent resident in the U.S. It allows the person to live and work in the U.S. lawfully.

Costs vary depending on the situation, where the family member lives, their relation to you, and more. Government fees from start to end can cost a few thousand dollars which do not include a required medical examination and vaccinations. If certain documents like a birth certificate, marriage certificate and more need to be translated from your native language to English, additional fees may apply.

Biometric screening is the process in which the government representative records the individual’s fingerprints and takes their pictures and signature in order to ensure that the person does not have any criminal records by running the information through the government’s records.

A marriage-based green card process can take approximately 4-6 months up to as long as 2 years to process depending on whether the process takes place inside the United States or from abroad.