Family-Based Immigration

When building a new life in the USA, it is crucial that your loved ones can join you. At Brown Immigration Law, our legal team assists immigrants with family-based immigration for a fiancé(e), spouse,  children, parents, and other relatives. Whether you are a U.S. citizen, hold a Green Card, have refugee status, or have been granted asylum, our national immigration lawyers can help you with this crucial matter. 

On This Page:

• Petitions for Relatives (US Citizens)
• Petitions for Relatives (Green Card Holders)
• Filing a Petition
• Immigration Preferences for Family-Based Immigration
• U.S. Immigration Legal Challenges
• Why You Need an Immigration Attorney

Petitions for Relatives for U.S. Citizens

If you have U.S. citizenship, you have the right to petition for immigration status for certain family members, including:

• Spouse
• Unmarried children under 21
• Son and daughters over 21
• Parents 
• Siblings
• Fiancé(e)s

The status sought could be permanent residence (Green Card), a fiancée visa, or K-3 or K-4 (temporary legal status). The process of working with the State Department is complex  and achieving success within a reasonable time frame requires the assistance of a skilled immigration lawyer. 

Petitions for Relatives of Green Card Holders

Green Card holders can petition for certain family members to immigrate and gain permanent resident status, including:

• Spouse
• Unmarried children under 21
• Unmarried son or daughter, any age

Filing a Petition for a Family Member

The first step in petitioning for your loved one is to file Form I-130. This form requires that you prove the relationship between you and your relative. Once the petition is approved, the person must wait for a visa number to be issued by the Department of State to proceed to the next step. After the visa number is issued, permanent legal status (Green Card) can be initiated through filing another form, Form I-485. Our legal team can assist you to file form I-130 and Form I-485 as any error will significantly slow the process or cause serious problems for a relative currently living in the USA. 

Family-Based Immigration Preferences

U.S. Citizen and Immigration Services (USCIS) has “preference categories” for family-based immigration. Family members must wait for visa availability based on these preferences:

• First preference: Unmarried, adult (21 or older) sons and daughters of U.S. citizens.
• Second preference: Spouses of lawful permanent residents, and unmarried sons and daughter of Green Card holders and their children.
• Third preference: Married sons and daughters of U.S. citizens, their husbands or wives, and children under age 18.
• Fourth preference: Brothers or sisters of citizens, their spouses, and minor children.

Unfortunately, other relatives (such as grandparents, cousins, aunts, uncles, etc.) are not given any preference. The preference category will affect when the visa number will be issued.

Legal Challenges Families Face in the U.S. Immigration System

Immigrant families encounter a multitude of challenges within the U.S. immigration system. These challenges can vary in complexity and severity, but some of the most common ones include:

• Lengthy Processing Times: Immigration processes often take a significant amount of time, leading to prolonged separation of families, emotional distress, and financial strain.
• Complexity of Immigration Laws and Procedures: The U.S. immigration system is notoriously complex, with numerous laws, regulations, and procedures that can be difficult for immigrants to navigate without legal assistance. Language barriers can exacerbate these challenges.
• Financial Burden: Immigration processes can be expensive, including fees for visa applications, legal representation, medical exams, and travel expenses. 
• Uncertainty and Instability: Changes in immigration policies and regulations can create uncertainty and instability for immigrant families. Fear of deportation or sudden policy shifts can disrupt family life and cause emotional distress.
• Family Separation: Strict immigration policies, visa backlogs, and processing delays often result in prolonged separation of family members. This separation can have profound emotional and psychological effects on immigrants and family members.
• Limited Access to Services and Benefits: Immigrant families, particularly those with undocumented members, may have limited access to essential services such as healthcare, education, and social welfare programs.
• Fear of Deportation: Immigrant families, especially those with undocumented members, live with the constant fear of deportation. This fear can lead to stress, anxiety, and reluctance to seek help or engage with authorities.
• Discrimination and Stigmatization: Immigrant families may face discrimination and stigmatization based on their immigration status, nationality, or ethnicity. This can impact their ability to find housing, employment, and social acceptance.
• Language and Cultural Barriers: Immigrant families often struggle with language barriers and cultural differences, which can hinder their integration into U.S. society and access to resources and opportunities.
• Limited Legal Resources: Many immigrant families lack access to affordable legal representation, making it difficult for them to navigate the complex immigration system and assert their rights effectively.

These challenges highlight the need for comprehensive immigration reform that prioritizes family unity, fairness, and respect for human rights. Our firm understands how immigration laws and policies can be ever-changing, which is why we are ready to guide you through each step of the process and protect your family member’s rights and best interests.

Why You Need an Immigration Attorney for Family-Based Immigration

Immigration law in the USA is complex and navigating the system can be extremely difficult and frustrating. The process of gaining legal status for a loved one can be faster with the help of an attorney who has extensive experience working within the system. Every filing is prepared professionally and correctly to avoid the risk of something going wrong, a petition being denied or the immigration authorities sending requests for missing information, which could add months or longer to the process.

Why Choose Us?

Our team of experienced, talented attorneys at Brown Immigration Law delivers attentive and responsive legal representation in family-based immigration matters. With over 70 years of combined experience, we are meticulous in preparing documentation in family-based immigration matters, with the goal of achieving a timely, positive response, with your family members achieving legal status in the USA and joining you in building your life in the country.

For family-based immigration matters, call (888) 991-6221 or contact us online today for assistance.