Family Immigration Attorney Helping Families Stay Together

The prospect of family immigration holds the promise of keeping families united, but the journey can be intricate, time-consuming, and daunting. At Delgado Avalos Law Firm, we’re here to provide clarity, guidance, and support throughout this important process. If you’re navigating family immigration and feeling uncertain about where to begin, contact us today to get started.

What Are the Two Types of Family-Based Immigrant Visas?

Family immigration presents numerous options for families to stay together. However, the path can be complex. At Delgado Avalos Law Firm, we’re dedicated to helping you understand your choices and walk you through each stage of the process. If you’re considering family immigration but are unsure about the steps, our team is here to provide the necessary guidance. Reach out to our office today.

To be eligible for an Immediate Relative visa, you must be a close family member of a U.S. citizen. The list of eligible family members includes:

Spouse of a U.S. citizen (IR-1)
Unmarried son or daughter of a U.S. citizen who is under 21 years of age (IR-2)
Orphan adopted abroad by a U.S. Citizen (IR-3)
Orphan to be adopted in the U.S. by a U.S. citizen (IR-4)
Parent of a U.S. citizen who is at least 21 years old (IR-5)

The application is submitted by the U.S. citizen who is sponsoring the family member(s).

Those seeking Family Preference visas may be sponsored by either a U.S. citizen or, in certain cases, a Lawful Permanent Resident — also known as a Green Card holder. Family preference visas have a broader range of eligible relatives, but the total numbers issued are limited each year. The following categories exist under the Family Preference visa:

First preference – unmarried sons and daughters (21 years of age and older) of U.S. citizens (F1)
Second preference – spouses and children (unmarried and under 21 years of age) of lawful permanent residents (F2A)
Second preference – unmarried sons and daughters (21 years of age and older) of lawful permanent residents (F2B)
Third preference – married sons and daughters of U.S. citizens (F3)
Fourth preference – brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older) (F4)

Are There Limits on the Number of Visas Processed Every Year?

While Immediate Relative visas are not limited, Family Preference visas are. Once a yearly quota is reached, approvals are deferred until the next fiscal year. Visa numbers allocated per fiscal year vary among categories, with some having more approvals than others. Consulting an immigration attorney helps determine visa availability and optimal application timing based on fiscal years.

What Are the Requirements to Sponsor a Family Member?

Sponsorship involves both requirements for the sponsored family member and the sponsoring individual. To sponsor, you must be a U.S. citizen or Green Card holder (Lawful Permanent Resident), aged 18 or older. A residency requirement mandates that you live in the U.S. or its territories, with proof of domicile indicating permanent residence intent.

Financial capacity to support the sponsored individual is essential; generally, sponsors should earn 125% of the federal poverty level based on household size.

How Long Does Family-Based Immigration Take?

Assembling documents for family-based immigration applications is time-consuming. Once the application is prepared, processing may extend over several months or even a year. Visit the U.S. Citizenship and Immigration Services’ website for current average processing times based on specific forms and office locations.

What Are Some Challenges Commonly Faced With Family Immigration?

Family immigration processes can be intricate and protracted. Being aware of common challenges can be helpful, such as:

Misunderstanding visa requirements: Clarity is crucial to avoiding confusion and potential visa denial.
Delays in processing: Familiarity with processing times helps manage expectations.
Financial commitments: Sponsoring multiple family members can pose financial challenges.
Language barriers: Navigating forms and interactions with immigration officials may be harder with language barriers.

Coming to the U.S. can give your entire family the chance to experience a new culture and take advantage of all the United States has to offer, but it’s not necessarily an easy process. If your immigration application has been denied or you aren’t sure what options exist to sponsor other family members, the team at Delgado Avalos Law Firm is here to help. Call our office at 805-793-0647 to schedule your first meeting with an experienced immigration attorney.