Family Immigration

Immigration offers incredible economic opportunities for families but can also result in separation. Ensuring that family members can immigrate together is essential, but the stringent U.S. immigration process can make this challenging. A family immigration lawyer can help keep your family united. Seek assistance from the Law Office of Carlos A. Baradat, P.A. for expert guidance on navigating immigration laws. If you are related to a lawful permanent resident, such as married children, you’re already a step ahead. Schedule a consultation with us today to take the next steps.

Eligible Family Members for U.S. Residency

Several categories of family members may qualify for U.S. residency (Green Card) based on their relationship with a U.S. citizen or permanent resident. The wait times for a Green Card vary depending on the category and the applicant’s country of origin. Eligible categories include:

• Immediate Relatives of U.S. Citizens:
  • Spouses of U.S. citizens
  • Unmarried children under 21 years old of U.S. citizens
  • Parents of U.S. citizens (with the U.S. citizen child being at least 21 years old)
  • Fiancées of U.S. citizens

There is no numerical limit on Green Cards for this category each year, and the wait time can range from a few months to over a year.

Other eligible family members include:

• Unmarried sons and daughters (21 years or older) of U.S. citizens
• Spouses and unmarried children (under 21 years old) of permanent residents
• Unmarried sons and daughters (21 years or older) of permanent residents
• Married sons and daughters of U.S. citizens
• Brothers and sisters of adult U.S. citizens

Family-Based Preference Categories

Family immigration services encompass various aspects of the immigration process. Here are some examples of the services provided by family immigration lawyers:

• Family-Based Visa Petitions: Assist U.S. citizens or permanent residents in filing petitions for family members to obtain visas.
• Adjustment of Status: Help family members already in the U.S. apply for a Green Card and adjust their status to permanent residency.
• Consular Processing: Guide family members outside the U.S. through the visa application process, including document preparation and submission.
• Waivers: Assist with applying for waivers of inadmissibility for family members who may be ineligible for a visa or Green Card.
• Naturalization: Aid permanent residents in applying for U.S. citizenship through the naturalization process.
• Removal Defense: Defend family members facing deportation or removal proceedings.
• Appeals and Motions: File appeals or motions to reopen or reconsider denied or rejected immigration cases.

Benefits of Applying for Family Immigration

If a foreign national marries a U.S. citizen, they may be eligible for a Green Card through the marriage-based immigration process. This involves several steps, including petition filing, medical exams, document submission, interviews, and background checks.

• Faster Processing Times: Marriage-based Green Card applications often have shorter processing times compared to other family-based immigration categories.
• Priority Status: Spouses of U.S. citizens are considered immediate relatives, meaning there is no numerical limit on Green Cards issued each year. This can expedite the process and reduce restrictions.

Visas for Spouses of Non-Immigrants

Several types of visas allow spouses to accompany their non-immigrant spouses to the U.S. for a certain period:

• H-4 Visa: Available to spouses of H-1B visa holders, allowing them to work with an Employment Authorization Document (EAD).
• L-2 Visa: Available to spouses of L-1 visa holders, permitting work with an EAD.
• E-3D Visa: For spouses of E-3 visa holders (Australian citizens in specialty occupations), allowing work with an EAD.
• O-3 Visa: For spouses of O-1 visa holders (individuals with extraordinary abilities). Work is not permitted.
• P-4 Visa: Available to spouses of P-1, P-2, and P-3 visa holders (athletes, artists, entertainers). Work is not permitted.

Fiancé(e) Visa

A Fiancé(e) Visa (K-1 Visa) allows a foreign national engaged to a U.S. citizen to enter the U.S. to marry within 90 days. Requirements include:

• Filing Form I-129F with USCIS
• Meeting in person within the two years prior to filing (with exceptions)
• Passing a medical exam and background check
• Providing proof of intent to marry

For more information on Asylum & Humanitarian relief, please contact us at:

Law Office of Carlos A. Baradat, P.A.
Firm Phone: 239-206-1779
Email: admin@baradatlaw.com
Office: Boca Raton, FL | Naples, FL | Virtual From Anywhere

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