Las Vegas Family-Based Immigration Lawyers

Foreign citizens who wish to live in the U.S. need an immigration visa. This legally permits the individual to live in the country and work towards becoming a lawful permanent resident (known as a “green card” holder) or a naturalized U.S. citizen.

U.S. immigration laws are complex and can be confusing for potential residents. One mistake or inadvertent omission on your immigrant visa (IV) could cause a delay in its approval or even cause it to be denied. Don’t risk the eligibility of a family member to join you in the U.S. on an immigrant visa by trying to navigate the application process on your own. Contact an experienced Las Vegas immigration lawyer from De Castroverde Criminal & Immigration today to learn how we can help you.

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Family-Based Immigration Laws in the U.S.

Family-based immigration is when someone from another country seeks permanent residence in the U.S. and is sponsored by a family member already lawfully living here. That sponsor-relative may be a U.S. citizen or a lawful permanent resident – people here on other types of visas cannot sponsor a relative to come to the U.S.

This law is intended to help families remain intact, live together in the U.S., and strengthen their communities. Preserving familial relationships may help immigrants contribute to socio-economic growth and positively impact their communities.

Lawful residents who wish to sponsor a family member’s immigration visa must meet the following criteria:

• Be at least 21 years old
• Be a Lawful Permanent Resident or U.S. citizen
• Be able to prove to the federal government the nature of your relationship with the individual(s) you’re sponsoring
• Prove you have enough income to support your family member

The Two Types of Family-Based Immigration Visas

The U.S. offers two types of family-based immigration visas. Some visas have a limited number available, so if you wish to sponsor a loved one’s IV, you need to work fast.

• Immediate relative, which is defined as a close family member (parent, child, or spouse). There is no fiscal year limit on immediate relative family visas.
• Family preference is visas for more distant familiar relationships (cousin, aunt, uncle, etc.). A limited number of these visas are available, and the number may change each fiscal year.

Details About Family Preference Immigration Visas

“family preference” refers to the order in which family members may be approved for an IV. U.S. immigration law describes the type of familial relationships and order of preference for visa approvals:

• F1, or First Preference: any unmarried son or daughter, aged 21 or older, of a U.S. citizen
• F2A, or Second Preference: Any spouse or child of a green card holder who is unmarried and under 21 years old
• F2B: Any son or daughter of a green card holder who is unmarried and aged 21 years or older
• F3, or Third Preference: any married son or daughter of a U.S. citizen
• F4, or Fourth Preference: Any sibling of a U.S. citizen as long as the U.S. citizen is 21 years old or older

Once the family member arrives in the U.S. under a valid family immigration visa, they can be eligible to apply for a green card or an adjustment of status. You can do so by filling out and filing Form I-485, Application to Register Permanent Residence or Adjust Status. These forms can be complicated. A lawyer can guide you through completing and filing the forms to ensure that your application is correct, complete, and properly submitted so you won’t have delays due to mistakes.

Petition for Alien Relative

The Petition for Alien Relative, Form I-130, is important in helping your family member obtain their green card. Submitting this form is necessary to establish the relationship between the U.S. citizen or lawful permanent resident sponsoring the family member seeking an immigration visa.

Although this is an important first step in the family immigration visa process, approval of the petition by USCIS does not give the applicant any immigration benefit or status. If your relative isn’t living in the U.S., this form is vital to securing their IV.

Depending on your degree of relation to the person applying for the visa, they may need to wait until a visa number becomes available (for yearly allocated visas). However, if the person in question is an immediate relative, a visa should be available soon after the form is approved.

Application to Register Permanent Residence

Registering permanent residence or applying for an adjustment of status is the next step in getting your green card. You can file Form I-485 with the USCIS. It’s the form you fill out to apply for Lawful Permanent residence status.

Form I-360, the Petition for Amerasian, Widow or Widower, or Special Immigrant, can help people apply for a visa in certain situations. The Widow(er) classification is available for someone whose U.S. citizen or lawful resident spouse died before they could file the family immigration visa sponsorship.

Other groups of people who may be eligible to file for an immigration visa using Form I-360 include:

• A spouse, parent, or child of an abusive U.S. citizen or lawful permanent resident
• Someone who is considered a “special immigrant” or a permanent worker who is in the U.S. on an EB-4 employment-based immigration visa

Several categories of people may be eligible to apply for a visa using this form. An immigration lawyer can help you learn whether you qualify for this type of visa.

Immigration Lawyers Serving Las Vegas and Reno

Do you need help filing the right immigration visa forms to sponsor a relative coming to the U.S.? Do you need help obtaining a visa for a family member living in another country? Immigration matters can be complex and tricky. Trust the legal team of De Castroverde Criminal & Immigration to help you understand the options available for you and your family. Contact our offices today for a consultation about getting your loved one an immigration visa.