Family-Based Immigration Lawyer
If you’re looking to get a green card through your family relationships, you need the experience of a family-based immigration lawyer like Din Law Group.
At Din Law Group, we believe in helping immigrants achieve their American immigration dreams. Our family-based immigration lawyer services are tailored to our clients’ unique situations and immigration goals. We are honored to help our clients by offering compassionate guidance and assistance navigating the complex U.S. immigration system.
We have extensive experience reuniting families and keeping families together. Our family-based immigration services provide the compassion, support and legal experience required to fight deportation, file complex immigrant visas, and secure family-based green cards.
Whether your family needs an attorney capable of presenting a strong removal defense or you wish to sponsor a family member’s immigrant visa, we can help.
Asma Din is the founder and lead attorney of Din Law Group and the child of immigrants. She understands how much family immigration matters and has a reputation in the Dallas Fort Worth area as a driven immigration attorney dedicated to her clients and their loved ones.
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Family-Based Immigrant Visa Services
One of the fastest ways to help your loved one join you or stay with you in the United States is by sponsoring their family-based visa. To sponsor an immigrant, you must be a U.S. citizen or lawful permanent resident and your loved one must be eligible for an immigrant visa.
A variety of family-based immigrant visas exist. Keep reading to learn all about them and then schedule your consultation with an experienced family immigration attorney in Texas to get the process started.
Petitioning For an Immigrant Visa When Your Family Member is in the U.S.
If your loved one is already in the United States legally, you may be able to sponsor their immigrant visa without them needing to leave the country. To do this, your lawyer will prepare your I-130, Petition for Alien Relative form to apply for an immigrant visa and then file Form I-485, Application to Register Permanent Residence or Adjust Status. These forms require the submission of evidence and supplemental forms. In some situations, waivers must also be prepared and filed along with the petitions too.
If your loved one is already inside the United States legally, all of this will be submitted to U.S. Citizenship and Immigration Services for processing. The complex nature of preparing for immigration – even when the immigrant is already physically in the country seeking adjustment of status – is overwhelming. We know this. That’s what we’re here for.
Petitioning an Immigrant Visa When Your Family Member is Outside the United States
If your loved one is outside of the United States and seeking a green card, your lawyer will help you petition for their immigrant visa, but they will use a pathway called “consular processing.”
With this pathway, you’ll first need to apply for their immigrant visa using Form I-130, and they will participate on their end at a U.S. consulate or embassy abroad. If your immigrant visa petition is approved, your loved one can apply for a green card and your attorney will help with that too. Consular processing often moves faster than when the immigrant is already in the United States, but in some ways it’s more complex.
This process can seem overwhelming, but a experienced immigration lawyer will make this process easier to navigate and ensure there are no mistakes.
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Types of Family-Based Immigrant Visas
Two distinct categories of family-based immigrant visas exist in the United States. Which category of immigrant visa your loved one may be eligible to receive depends on your relationship to them.
Immigrant visas categories based on family are broken down into either:
- Immediate Relative
- Family Preference
To apply for an immediate relative or family preference immigrant visa for your loved one, you could carefully follow the steps outlined by USCIS, but your best chance of petition approval is with the help of a skilled family immigration attorney.
Immediate Relative Immigrant Visa Categories
Immediate Relative immigrant visas are broken down further into different categories, but they are based on a close family relationship with a U.S. citizen. The United States does not cap the number of immigrant visa approvals each year in any of the immediate relative categories.
If you are a U.S. citizen, you may be able to petition for your loved one’s immediate relative visa if they are your:
- Spouse (IR-1 immigrant visa)
- Unmarried child under 21 years of age (IR-2 immigrant visa)
- Child who was an orphan that you adopted abroad (IR-3 immigrant visa)
- Child who was an orphan who you will adopt in the United States (IR-4 immigrant visa)
- Parent and you are at least 21 years old (IR-5 immigrant visa)
In order for the visa to be approved, your relative will need to have no grounds of inadmissibility. If they do, your attorney may be able to use Form I-601 to apply for a waiver and Form I-212 to reapply for your loved one’s admission back into the country.
Family Preference Immigrant Visa Categories
The family preference visa category is available to additional family relationships with a U.S. citizen and specific family relationships with a lawful permanent resident. Unfortunately, as with other most other immigrant visa categories, there are only a limited number of visas available in each family preference category.
While these visas do offer the same benefit of a green card once approved, their approval can sometimes take years.
The family preference categories of immigrant visas are:
- F1 Immigrant Visas – for the unmarried children of U.S. citizens
- F2A Immigrant Visas – for the spouses, unmarried children under age 21 of green card holders
- F2B Immigrant Visas – for the unmarried children over the age of 21 and over of green card holders
- F3 Immigrant Visas – for the married children of U.S. citizens
- F4 Immigrant visas – for the siblings of U.S. citizens at least 21 years of age
Unfortunately, current immigration law does not allow you to sponsor the immigrant visa of your grandparent, aunt, uncle, cousin, or other extended family relatives. Other options may exist to help these family members though, so please feel free to explore your options with your attorney.
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Nonimmigrant Visa Options for Your Loved Ones
Nonimmigrant Visas for a Foreign Fiancé(e)
A fiancé(e) visa is not an immigrant visa, but it may allow you to bring your betrothed into the United States to get married. For this, you would use Form I-129F, Petition for Alien Fiancé(e).
This special nonimmigrant visa is a K-1 visa. A K-2 visa would apply to the children of your fiancé(e). Once married, you can petition for their immigrant visa as your spouse.
Nonimmigrant Visas for a Foreign Spouse
You can petition for a temporary visa for your spouse and their children so that they can join you in the United States while you wait for their immigrant visa approval.
These special nonimmigrant visas are K-3 nonimmigrant visas and K-4 nonimmigrant visas.
Visas for the Family Members of Refugees and Asylees
If you are a refugee or have asylum status, you may be able to get certain family members into the U.S. legally. These family members would enter as “derivative” refugees or asylees.
If you entered the country as a refugee or are an asylee and you’ve been here less than two years, you may be allowed to petition for your spouse and unmarried children under 21 years of age. Discuss your options with your attorney.
Choose an Experienced Family-Based Immigration Lawyer
No matter what immigration hurdle your family faces, we will do everything we can to help. In addition to our family immigration services, our legal team knows how to fight removal orders and much more.
Family immigration strengthens our nation. Your courage is commendable, and we want to help. Contact Din Law Group for a free consultation with family immigration attorney Asma Din. Let’s make your dream of a better future for your family a reality.