For most people, regardless of immigration status, family is everything. For U.S. immigrants, family-based petitions are an option for citizens and lawful permanent residents to bring close family members to the country. It can, however, be difficult to navigate the complex processes of obtaining a family-based visa due to changing rules and regulations. A Charlotte family based petitions lawyer from Butler, Quinn & Hochman, PLLC, is here to help you reach your goals.
Whether you need assistance filing a petition for a child, spouse, sibling, or parent or have run into challenges with your application, an experienced immigration attorney from our firm can provide you with critical assistance. At Butler, Quinn & Hochman, PLLC, our dedicated legal team is committed to helping families effectively navigate the application process so that they can be reunited.
The legal process through which a lawful permanent resident or U.S. citizen sponsors certain close relatives to come live with them in the United States is known as a family-based petition. The process usually starts by filing Form I-130, Petition for Alien Relative. This form shows the existing familial relationship and marks the beginning of bringing a loved one to the country.
After the petition receives approval, the immigration process is dependent on where the applicant is located. If the applicant is already in the United States, they can apply for an Adjustment of Status. If they are located abroad, however, they will need to go through consular processing at their nearest consulate or embassy.
Family-based green cards are divided into two major categories: immediate relatives and family preference categories. The immediate relatives category applies to spouses, unmarried children under 21, and parents of U.S. citizens. There is no annual cap on the number of immediate relative visas that can be awarded, meaning this type of visa tends to be processed quickly.
On the other hand, family preference categories are for both green card holders and U.S. citizens and include more distant familial relationships. As these categories have an annual cap on the number of visas that can be administered, it can lead to longer wait times.
The family preference categories are:
Whether you are interested in filing an immediate relative or family preference family-based petition, an experienced immigration lawyer from Butler, Quinn & Hochman, PLLC, can provide you with critical legal advice and assistance to ensure your application is processed smoothly in Charlotte.
They can provide an overview of requirements and the expected timeline so you can plan accordingly and bring your loved ones to the U.S. or help them change their status as soon as possible.
A: Family-based petitions are categorized into two major groups: immediate relative and family preference. The immediate relative category is for unmarried children under the age of 21 and spouses and parents of U.S. citizens and does not have an annual cap. Family preference categories have annual limits, longer wait times, and are for other family categories related to U.S. citizens and lawful permanent residents.
A: The steps for filing a family-based petition in North Carolina first involve submitting Form I-130, Petition for Alien Relative. The applicant must then apply for a green card either through Adjustment of Status or consular processing, depending on if they are located in the U.S. A skilled Charlotte family-based petitions lawyer can help walk you through this complex process, ensuring the smooth and efficient handling of your application.
A: The amount of time it takes to process a family-based petition depends on various factors, including the relationship between the applicant and the petitioner and the type of visa being applied for. While immediate relatives may enjoy shorter processing times, specific family preference categories can take long periods to be processed as a result of annual visa caps. A skilled lawyer can help you determine a specific timeline for your case.
A: Whether your family member can stay in North Carolina for a family-based petition processing depends on whether they’re already located in the U.S., their immigration status, and whether a visa number is immediately available for them. As an unauthorized presence in the US can seriously complicate an immigration case, it is vital to work with a skilled immigration lawyer who can help you optimally navigate the application process.
A: In North Carolina and across the U.S., the application for a family-based petition is standardized nationally. Required documents include proof of U.S. citizenship or lawful permanent resident status from the petitioner, proof of the existing familial relationship, and sufficient evidence to show that the familial relationship is genuine. An immigration attorney can help ensure you have all the documents you need for a successful application.
The process for submitting a family-based petition can be highly complicated. With relevant U.S. rules and regulations constantly evolving, it is crucial to work with a skilled Charlotte family-based petitions lawyer who can minimize unnecessary delays and rejections. An experienced Charlotte immigration lawyer from Butler, Quinn & Hochman, PLLC, is here to design and implement an optimal legal strategy to push for positive case outcomes. Contact us today.
Call us at 704-569-9800 or email us here to schedule your initial consultation. We are eager to earn the privilege of representing you and your loved ones, so act today to prepare for tomorrow.