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Family Based Visa Attorney

by Carlos Batara

IMMIGRATION FAMILY VISA ATTORNEY

Whether It's Your Spouse, Child, Parent, Brother or Sister . . .
We'll Help Guide Their Journey To Permanent Residence

You already know getting a green card has pitfalls.

You're afraid to make a mistake which might harm your family members.  So you've chosen to delay filing papers.  For now, you've chosen to do nothing.

Deep inside, you want to help your loved ones.  But you're heard too many stories about how your efforts to help your mother or father, spouse or child, brother or sister will backfire.

For example:

list_checkbox_big You've Heard Neighborhood Gossip. You want to sponsor your elderly mother. Her tourist visa expired a few years ago. You were told by a neighbor that he was not allowed to immigrate his mother.
list_checkbox_big You Fear Deportation Of Loved Ones. You want to sponsor your brother. He had papers filed by his ex-wife many, many years ago. They divorced. You read a story about a person who was arrested after he filed green card papers and went to an interview. He was sent to Immigration Court for deportation and removal. You think the same thing might happen to your brother.
list_checkbox_big You Were Told There's Just No Chance. You want to sponsor your son. You went to the office of an immigration consultant. She told you that you cannot help him because he is 21 and married.

Making immigration decisions based on fear is the worst thing you can do.

Maybe you can help your family members. With so much at stake, why guess?  Guessing is not the best solution.

A green card and citizenship attorney with experience in handling family-based immigration petitions can help you figure out who you can and who you cannot help.

What Family Members Can You Sponsor For A Green Card?

If you're like most clients who want to sponsor a family relative for a green card, you probably have two main questions.  First, you want to know what relatives you can sponsor.  Second, how long will it take?

There are two categories of sponsors.  Some sponsors are U. S. citizens.  Others are lawful permanent residents.  There are some big differences between the two categories.

Immediate Relatives Of U. S. Citizens

If you're a U. S. citizen, certain relatives you sponsor are classified as "immediate relatives."  This means they will be able to file for a green card immediately.  They will get a green card interview scheduled quickly.

Immigration Family-Based Preference System

Some relatives of U. S. citizens are placed into the immigration family-based preference system.

The same is true of certain family members sponsored by lawful permanent residents.

If your family members are in a higher preference category, they will normally be allowed to file for a green card sooner than those in a lower category.

This means that if you are in the "1st Prefence" category, your papers will usually move faster than if you are in the 2nd, 3rd, or 4th Preference categories.

The lower you are placed, like 3rd or 4th Preference, the longer you will need to wait before you will be entitled to a green card interview.

Family Visa Petitions And Immigration Court Deportation Hearings

Recently, immigration officials indicated they will not pursue immediate deportation or removal of certain immigrants who have immigrant petitions filed by sponsoring family members.

In most cases, to qualify for this lenient treatment, immigrants will need to be elgible for an immediate green card interview.  There is a possibility that if your immigration interview for permanent residence status is coming up in the near future, you  may also be able to avoid the immigration court process.

Deportation and removal defense rules, however, can be complicated.

If you are placed in immigration court proceedings, and a family visa petition has already been filed on your behalf, hiring an immigration attorney seasoned in handling immigration trials to help you is strongly recommended.

IMMIGRATION I-130 FAMILY-BASED PETITIONS CHART

i-130-family-immigration-visas-chart

Helping a relative earn a green card is a two-step process.

Filing the I-130 immigration family petition is only the first step.  The second step is filling out an application to become a permanent resident.

Only immediate relatives can take this second step immediately.

If you're sponsored by a permanent resident, you will have to wait - sometimes many, many years.

In many situations, if your sponsor, a lawful permanent resident, seeks naturalization and U.S. citizenship, you may be able to move to a higher, and faster, category.

Why delay getting started?

At the immigration law offices of we are ready to help your wife or husband, mother or father, daughter or son, sister or brother earn a green card . . .

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