Being separated from your family is tough, and the United States’s complex immigration process can make reuniting feel even more daunting. If you’re in Reno, NV, and are seeking to reunite with your family, navigating the U.S. immigration system alone is not advisable. The De Castroverde Law Group Criminal & Immigration can help you understand your legal options. 

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Our experienced Reno immigration lawyers have helped reunite many families despite difficult or complex circumstances. While we cannot promise a favorable outcome for your situation, our attorneys will work relentlessly to bring you and your loved ones together. We invite you to contact us today for a legal case evaluation.

The Two Types of Family-Based Immigration Visas

The federal government offers two main types of family-based immigration visas: Immediate Relative (IR) and Family Preference (FP) visas. Each visa type targets specific categories of familial relationships to help reunite families.

Immediate Relative (IR) Visas

Unlike other types of visas, IR visas are not subject to numerical limits, meaning there is no waiting list. They are available to close family members of U.S. citizens, including:

• Spouses
• Unmarried children under 21
• Parents of U.S. citizens who are at least 21 years old

Family Preference (FP) Visas

Family Preference visas cover more distant family relationships. They are subject to annual numerical limits, which can lead to significant wait times. There are several categories of FP visas:

• F1: Unmarried sons and daughters of U.S. citizens who are 21 or older
• F2: Spouses, minor children, and unmarried sons and daughters (21 or older) of Lawful Permanent Residents (LPRs)
• F3: Married sons and daughters of U.S. citizens
• F4: Brothers and sisters of U.S. citizens, if the U.S. citizen is at least 21 years old

Petition for Alien Relative

The Petition for Alien Relative, Form I-130, is essential for helping your family member obtain a green card. An immigration lawyer can explain the importance of the I-130 in more detail, but here is an overview of its purpose and role in the path to citizenship:

• Establishes the Familial Relationship — Form I-130 proves the familial relationship between the petitioner (U.S. citizen or LPR) and the beneficiary (family member seeking the visa). This step is fundamental for eligibility. 
• Proves Status — Supporting documentation might include birth certificates, marriage certificates, and proof of U.S. citizenship or LPR status. 
• Helps Secure Visa Outside the U.S. — For relatives outside the U.S., the approved Form I-130 is critical for securing an immigrant visa. It starts the consular processing phase, where the National Visa Center handles the case and prepares it for the final visa interview.

It is essential to realize that the USCIS’s approval of Form I-130 does not grant immigration status, but it is a necessary first step. An approved petition moves to either the National Visa Center (for those outside the U.S.) or adjustment of status (for those within the U.S. under certain conditions). 

Common Pitfalls in Family-Based Immigration

The process of obtaining a family-based immigration visa is challenging and can be frustrating. Some common pitfalls include:

• One of the most common missteps in the process is submitting incomplete or incorrect documentation. This can lead to delays or even denial of the application.
• USCIS requires substantial proof of a genuine relationship between the petitioner and the beneficiary. Insufficient evidence can result in denial. 
• The Visa Bulletin updates monthly and determines when visas become available for family preference categories. Missing these updates can delay your application process.
• Petitioners must meet specific income requirements to sponsor a relative or secure a co-sponsor. 

How an Immigration Attorney in Nevada Can Help

Hiring an experienced immigration attorney in Reno, NV, can significantly improve your chances of a successful visa application. Here’s how they can assist:

• Experienced Guidance — An immigration attorney understands the complexities of immigration law. They can guide you through the requirements and procedures for family-based immigration, ensuring all paperwork is correctly completed and submitted.
• Evidence Retrieval — Attorneys can help resolve issues such as missing documents, additional evidence requests, and appeals for denied applications.
• Skilled Representation — If your case requires an interview or hearing, an attorney can represent you, providing legal support and improving your chances of a favorable outcome.
• Compliance — Immigration laws and policies frequently change. An attorney stays updated on these changes and ensures your application complies with the latest regulations.

How Long the Process May Take

The timeline for family-based immigration varies. Influencing factors include the type of visa, the specific circumstances of each case, and even changing political climates:

• Immediate Relative Visas — IR visas typically have shorter processing times since they are not subject to numerical limits. Processing can take from a few months to over a year.
• Family Preference Visas — These visas can take much longer due to numerical limits and high demand. Wait times can range from a few years to over two decades, particularly for lower preference categories.

Ways to Improve the Outcome of Family-Based Immigration

You can help improve your chances of a successful family-based immigration outcome by taking the following steps:

• Ensure you gather and submit comprehensive documentation to establish the genuine nature of your family relationship, such as marriage or birth certificates, joint financial and legal documents, and even photographs and affidavits from friends and family who can attest to your relationship.
• Provide proof that you meet the financial requirements to sponsor your family member. If your income does not meet the threshold, you can seek a co-sponsor to help meet the financial criteria.
• Attend all scheduled appointments and interviews. 
• Engage an immigration attorney early in the process. 

Get a Legal Case Evaluation Today

Navigating family-based immigration can be complex and time-consuming, but taking proactive steps, staying informed, and seeking professional help are key to improving the outcome. The De Castroverde Law Group Criminal & Immigration provides skilled and compassionate legal assistance for families seeking to reunite in the U.S. To learn more, call today for a legal case evaluation.