Family-Based Immigration Attorney​

Eligibility for family-based immigration depends on the petitioner’s immigration status, the qualifying family relationship, visa availability, and the beneficiary’s eligibility to receive permanent residence.

Key requirements generally include:

1. Qualifying petitioner: The petitioner must be a U.S. citizen or lawful permanent resident who is permitted to sponsor the particular family member. U.S. citizens may petition for spouses, children, sons and daughters, parents, and siblings. Lawful permanent residents may petition for spouses and unmarried children or sons and daughters.
2. Qualifying family relationship: The petitioner must provide evidence establishing the claimed relationship, such as marriage certificates, birth certificates, adoption records, or other appropriate documentation. Marriage-based applicants must also demonstrate that the marriage is genuine and was not entered into primarily to obtain an immigration benefit.
3. Age requirements: A U.S. citizen must be at least 21 years old to petition for a parent or sibling. Separately, a person signing Form I-864 as a financial sponsor must generally be at least 18 years old and domiciled in the United States.
4. Visa availability: Immediate relatives of U.S. citizens are not subject to annual immigrant-visa limits. Family-sponsored preference categories are numerically limited, and the beneficiary may need to wait until a visa is available based on the priority date, category, and country of chargeability.
5. Financial sponsorship: Most family-based immigrants require a qualifying Form I-864, Affidavit of Support. The petitioner generally must submit the affidavit even when a joint sponsor is needed to satisfy the applicable income requirement.
6. Beneficiary eligibility: Approval of a family petition does not by itself grant a green card. The beneficiary must also qualify for adjustment of status or an immigrant visa and must address any applicable grounds of inadmissibility, prior immigration violations, or waiver requirements. Because eligibility depends on the specific relationship and immigration history, a case should be reviewed individually before filing.

Additionally, the individual you’re sponsoring must meet eligibility criteria for obtaining a green card or other legal immigration status. This entails passing background checks and fulfilling all pertinent U.S. immigration requirements.

For comprehensive assistance regarding eligibility for family-based immigration and lawful permanent residency, contact our adept family immigration lawyers at American Visa Law Group today.

Why Work With an Experienced Family Immigration Attorney?

Family-based immigration cases can involve more than filing Form I-130. Depending on the circumstances, the process may require adjustment of status or consular processing, financial sponsorship, proof of a genuine marriage, responses to government requests, or analysis of prior immigration and admissibility issues.

American Visa Law Group assists families with identifying the correct immigration category, preparing the required petitions and applications, organizing supporting evidence, responding to USCIS or consular concerns, and addressing complications that may affect eligibility or processing.

No attorney can guarantee approval. Careful preparation can, however, help avoid preventable errors, incomplete filings, inconsistent evidence, and unnecessary delays.

How Much Does a Family Immigration Lawyer Cost?

Legal fees vary depending on the type and complexity of the case, the number of applications required, whether the beneficiary will use adjustment of status or consular processing, and whether additional issues such as waivers or requests for evidence arise.

American Visa Law Group publishes fees for many commonly requested immigration services. Review our family immigration attorney fee schedule for current pricing and information about the scope of representation.