Family-Based Immigration Process

Reuniting families is at the heart of the U.S. immigration system, and navigating the family-based immigration process can be both legally challenging and emotional. Whether you are seeking to bring a loved one to the United States, adjust their immigration status, or understand eligibility requirements, having the right legal guidance is essential. Our team is dedicated to providing reliable, client-focused support to help you bridge the distance and achieve your goal of reuniting with your family. With a professional approach and an in-depth understanding of immigration law, we are here to guide you every step of the way.

Eligibility Criteria

Family-based immigration allows U.S. citizens and lawful permanent residents (LPRs) to sponsor certain relatives for a green card. However, specific eligibility requirements apply to both sponsors and beneficiaries.

Sponsors:

• Must be a U.S. citizen or lawful permanent resident.
• Must demonstrate the ability to financially support the beneficiary, typically by completing an Affidavit of Support.

Beneficiaries:

• Immediate family members of U.S. citizens, including spouses, unmarried children under 21, and parents, qualify as “immediate relatives” and are not subject to visa caps.
• Other eligible categories include unmarried adult children, married children, and siblings of U.S. citizens, as well as spouses and children of LPRs. These fall under preference categories, which may entail longer wait times due to annual visa limits.

Understanding eligibility is vital, as it determines the path forward in the immigration process.

The Family-Based Immigration Process

1. Filing the Petition

The process begins with the sponsor filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This establishes the qualifying family relationship. Supporting documentation, such as birth certificates or marriage licenses, must be submitted to substantiate the relationship.

2. Case Processing

Once USCIS approves the petition, the case proceeds based on the beneficiary’s visa category and whether they are in the U.S. or abroad. Immediate relatives generally move faster through the system, while preference categories may have longer processing times.

3. Visa or Green Card Application

• For Applicants in the U.S. (Adjustment of Status): Beneficiaries may file Form I-485 to adjust their status to permanent resident if a visa is available.
• For Applicants Outside the U.S. (Consular Processing): Beneficiaries apply for an immigrant visa through their local U.S. embassy or consulate after completing the required documentation and interviews.

4. Interview and Approval

Applicants typically attend an interview to confirm eligibility. Questions focus on the family relationship and legal requirements. With proper preparation, most clients successfully complete this stage.

5. Post-Visa Services

After approval, the recipient’s green card is issued. We also provide continued guidance on follow-up requirements, such as conditional residency removal for spouses married less than two years at the time of approval.

Why Choose Hussain, Bendersky & Liston LLC?

Our firm has consistently delivered successful outcomes in family-based immigration cases, enabling countless families to reunite. With a client-first approach, we prioritize understanding your unique needs and crafting a strategy tailored to your situation. Our team is dedicated to providing:

• Comprehensive Case Preparation: Detailed documentation and thorough representation ensure a strong application at each step.
• Problem-Solving: From addressing Requests for Evidence (RFEs) to overcoming backlogs, we tackle challenges head-on.
• Personalized Service: Our attention to your unique circumstances fosters a smooth and stress-free process.

Contact Us for Help

At Hussain, Bendersky & Liston LLC, family unity is a priority. We understand how important it is to bring your loved ones together and navigate the complexities of immigration law. Our experienced team is dedicated to providing personalized support and guidance every step of the way. Contact us today to learn how we can help you achieve your family’s immigration goals and build a brighter future together.