Family Immigration Lawyer in Texas
Your Family’s Path to Reunification
Get Help with your Application for a Family-Based Immigration Petition
Being separated from your family is not easy, especially when faced with a multitude of immigration laws. It requires patience, financial resources, time, commitment, perseverance, and, of course, a family-based immigration lawyer in Texas who specializes in these cases.
What is family-based immigration?
When someone wishes to enter the U.S., they must apply for an immigrant visa. If they have family members in the country who are older than 21 and have permanent resident status or citizenship, it is possible to initiate the immigration procedures if one of these family members can petition for them. To be eligible for family-based immigration, you must be an immediate family member or fall within the family preference category of a sponsor.
The Family Immigration Process
Step 1: File Form I-130
A U.S. citizen or lawful permanent resident files a Petition for Alien Relative (Form I-130) to confirm the qualifying family relationship and establish eligibility under family-based immigration rules.
Step 2: Complete Processing
After petition approval, the case generally moves forward either through adjustment of status if the family member is in the United States and eligible or consular processing if the family member is outside the United States.
Step 3: Interview, Review, and Decision
The government completes the required screening and may conduct an interview or request additional evidence. If approved, the family member receives lawful permanent resident status or an immigrant visa to enter the U.S. as a permanent resident.
Who Can Benefit From a Family Immigration Attorney
Family immigration representation may be appropriate for individuals and families such as:
- U.S. citizens petitioning for a spouse, unmarried child, or parent
- Lawful permanent residents petitioning for a spouse or unmarried child
- Individuals pursuing a fiancé(e)-based path leading to permanent residence
- Families preparing for consular processing and an immigrant visa interview abroad
- Applicants eligible to seek permanent residence through adjustment of status in the United States
- Couples who need to present clear evidence of a bona fide marital relationship
- Families who have received a Request for Evidence (RFE) or have experienced significant processing delays
Form I-130 Petition for Noncitizen Relative
To migrate through a relative, the petitioner must first fill out the so-called I-130 Form, Petition for Alien Relative. Once it is approved by USCIS and a visa number is available for the relative, the family member will be able to apply for the green card. Then, residency can be granted through both the consular process and the adjustment of status process.
Removal of Conditions and Naturalization Lawyer
It’s normal for U.S. immigration authorities to request a way to ensure that the marriage or qualifying relationship is genuine and not entered into for fraudulent purposes, such as obtaining immigration benefits.
If a conditional permanent resident wishes to remove the conditions that granted them that status and apply for citizenship, they will need to complete and sign a document known as Form I-751, Petition to Remove Conditions on Residence.
However, it’s important to be aware that this is not an easy document to file. It involves navigating a somewhat intricate process and can be rather lengthy. Regardless of the challenges it presents, it’s crucial to complete it accurately, as the acceptance or rejection of the form hinges on it. For this reason, seeking the guidance of a Removal of Conditions and Naturalization Lawyer, such as Akpassa Law Firm, is advisable to help you successfully accomplish this.
Family Immigration FAQ
What is family-based immigration?
Family-based immigration is a process that allows certain U.S. citizens and lawful permanent residents to petition for qualifying relatives to obtain lawful permanent residence (a green card), subject to eligibility rules and procedural requirements.
Who can sponsor a family member for a green card?
In general, U.S. citizens may petition for a broader range of relatives than lawful permanent residents. Sponsorship depends on the sponsor’s immigration status and the specific qualifying relationship.
What is Form I-130, and what does it do?
Form I-130 is the petition used to establish that a qualifying family relationship exists for immigration purposes. Approval of the petition is an important step, but it is not the final approval of permanent residence by itself.
Do I have to leave the United States to complete the process?
Not always. Some applicants may be able to complete the green card process from within the United States through adjustment of status, while others must complete processing through a U.S. consulate abroad. The correct path depends on the applicant’s location and eligibility.
What is the difference between adjustment of status and consular processing?
Adjustment of status is the process of applying for permanent residence from within the United States, if eligible. Consular processing is the process of applying for an immigrant visa through a U.S. embassy or consulate abroad and then entering the United States as a permanent resident.
When might a waiver be required in a family immigration case?
In some cases, an issue may arise that affects admissibility, which can prevent approval unless a waiver is available and granted. Whether a waiver applies depends on the specific issue and the immigration benefit sought.
Family and Immigration Lawyer
As simple as it may seem in the instructions, family immigration can take years to be approved, even decades. To carry out the process properly, make sure you consult the best family immigration lawyer in Texas. At Akpassa Law Firm, we offer family-based immigration services, including fiancé(e) visas, spousal visas, and international adoptions.