Atlanta Family Immigration Lawyer
Many find that having an attorney helps with the immigration process. When you need an Atlanta Family Immigration Lawyer, Manji Law, P.C. can help. Call now!
Manji Law, P.C.
315 W Ponce de Leon Ave, Suite 400 (4th Floor)
Decatur, GA 30030
Family Immigration Attorney in Atlanta, Georgia
Immigration laws in the United States govern the entry conditions and duration of stay for foreign nationals who come to the US as tourists, students, workers, or those who desire to reside in the US permanently. However, the strict conditions of entry sometimes make it difficult for immigrants who have naturalized as citizens or become permanent residents to reunite with their family members from their home country.
To solve this problem, the US immigration regulations provide a pathway for the family members or relatives of a US citizen or permanent resident to immigrate to the US. This process is referred to as family immigration or family-based immigration. It allows foreign nationals to lawfully migrate to the US through the sponsorship of a family member who is either a US citizen or green card holder.
By exploring the family immigration process, US citizens and permanent residents can reunite with family members who live outside the US, such as their spouse, child, parent, or sibling.
Keep reading to further understand the details of the process and how a top-rated immigration attorney in Atlanta can help you navigate the complex US immigration system.
Family Immigration in the US- How it Works
Family immigration in the US distinguishes between immediate and extended relatives of a US citizen for the immigration process.
Immediate relatives include spouses, children less than 21 years old, and the parents of a US citizen who is over the age of 21.
Immediate relatives of US citizens are eligible to apply for permanent residency even if they are outside the US. If they have already entered the US via a non-immigrant visa, they can also apply for an adjustment of status.
Other relatives of US citizens or permanent residents, such as siblings, can also benefit from family immigration and obtain permanent resident status. However, immediate relatives are usually granted a higher level of preference.
To consult about your family-based immigration plan, it is best to consult with a family law attorney and get your confusion cleared with knowledgeable answers.
Procedure for Family-Based Immigration (Green Card Application)
A US citizen or lawful permanent resident has to take specific actions to sponsor a family member for legal entry into the country. Although the steps for this procedure are complex, we’ve summarized them as follows:
- US citizens and lawful permanent residents can start the sponsorship process by filing Form I-130 (Petition for Alien Relative), along with supporting documentation that establishes the legitimacy of the claimed familial connection to the USCIS.
- Upon receipt of the petition, USCIS officers will review the information and decide on approval or denial. The file will be sent to the National Visa Center (NVC) if everything checks out. If a petition is turned down, the petitioner can revise their application and resubmit it.
- The number of green cards which may be approved annually is capped, so relatives who are not “immediate” are not automatically granted permanent residence. If this is the case and the applicant belongs to one of the family preference categories, they would join the immigration waiting list for a while until a visa is available.
- The immigrant can apply for permanent residence once the petition has been approved and a visa has become available. They may apply at any US consulate abroad for an immigrant visa to enter the US. Once in the United States, the immigrant can apply for a green card.
Despite the fact that the process appears simple, securing immigration help when dealing with the US immigration law system is always a good idea. A family and immigration lawyer can help you provide the information you need related to family-based immigration or foreign national spouse visa.
Family Based Non-immigrant Visas: K Visas
K visas are a class of non-immigrant visas specifically made to help families reunite. Visas in this category are suitable for certain family members who may be waiting for the USCIS to decide on their permanent residency application.
There are four categories of K-visas as follows:
K-1 Visa or Fiance Visa
A K-1 visa is suitable for international couples who are engaged and would like to get married on US soil. Conditional permanent residence status is granted to those with a K-1 visa if they marry within 90 days of entering the United States. Employment authorization is also available to K-1 visa holders.
K-2 Visa
A K-2 visa allows the child of a K-1 visa holder to accompany their engaged parent to the US.
K-3 and K-4 Visas
These categories of family visas are suitable for foreign spouses of US citizens and their children. It allows them to enter the US in anticipation of the grant of their petition for lawful permanent residence.
To be eligible for a K-3 Visa, you need to meet the following requirements:
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You are married to an American citizen.
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Your spouse, a US citizen, has submitted Form I-130, Petition for Alien Relative, and Form I-129F, Petition for Alien Fiancé, to the USCIS.
As soon as the relevant forms are submitted, the USCIS and the National Visa Center will process the application and provide any additional instructions or information the applicant may require.
As a K-3 visa holder, you can work in the United States while awaiting adjustment of status.
How an Immigration Attorney Can Help
The procedure of bringing a family member to the United States is complicated. Submitting paperwork, proving relationships, and being on time is crucial to a successful family-sponsored immigration application.
It is also important to be careful and thorough as you prepare the necessary documentation to avoid a denial. Years of work may be wasted due to a single error or omission, which could be devastating.
As much as you’re allowed to handle the immigration process independently, it may not be a suitable approach due to the enormous stakes involved. You’ll likely benefit from the professional help of a law firm or attorney who can navigate the immigration process on your behalf.
An experienced family immigration lawyer can provide you with the knowledge you need and help you with the nuance it involves.
There’s less room for error when a lawyer handles your family immigration application which could mean shorter processing times. You get to be with your family much sooner.
Contact Family Immigration Lawyers at Manji Law, P.C.
Manji Law, P.C., believes families should stay together, so we’re dedicated to helping reunite families through immigration. With our up-to-date knowledge of immigration policies and experience with the system, we are committed to offering clients unique solutions to family immigration issues.
We can provide you with information on spousal visas, immigrant visas, or how to help a family member become a US citizen if you need it. Our immigration lawyers can also assist you if you or a family member are facing ICE Deportation Proceedings or struggling in any other area of immigration law.
Contact our immigration lawyer in Marietta to get working solutions that could help you bring your family together.
Frequently Asked Questions
How Long Does a Family Immigration Petition Take?
The specific time frame for family immigration petitions to get approved varies. It could take months to receive approval after submitting Form I-130 (Petition for Alien Relative). However, immediate relatives of US citizens usually face shorter wait times than applicants in the family preference categories.
Is an Atlanta Family Immigration Lawyer Worth the Cost?
Immigration attorneys are certainly worth the cost of hiring them. They can help you streamline the immigration process, save you time and resources and reduce the likelihood of your application being declined.
