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Skilled Guidance for Family-Based Immigration: Tadeo & Silva Law at Your Side

What Is a Family-Based Immigration?

Family-based immigration refers to the process through which individuals become lawful permanent residents or obtain immigrant visas in the United States based on their family relationships with U.S. citizens or legal permanent residents. It allows certain eligible family members to sponsor their relatives for immigration to the United States.

Under the immigration system, U.S. citizens and legal permanent residents can petition for various categories of family members to come and live in the country. These categories include:

1. Immediate Relatives: This category is reserved for the closest relatives of U.S. citizens, including spouses, unmarried children under 21 years old, and parents of adult U.S. citizens (if the citizen is at least 21 years old).

2. Family Preference Categories: This category includes specific relationships with U.S. citizens or legal permanent residents and is subject to annual numerical limits. It is divided into four preference categories:
First Preference (F1): Unmarried adult children of U.S. citizens.
Second Preference (F2): Spouses, minor children, and unmarried adult children (over 21) of legal permanent residents.
c) T
hird Preference (F3): Married adult children of U.S. citizens.
d) F
ourth Preference (F4): Siblings of adult U.S. citizens.

To begin the family-based immigration process, the U.S. citizen or legal permanent resident must file a petition with the United States Citizenship and Immigration Services (USCIS) on behalf of their eligible family member. The eligible family member can apply for a visa or status adjustment if the petition is approved.

The entire immigration process can be complex and challenging to navigate without the assistance of an experienced immigration attorney.

A Step-by-Step Guide to the Family Immigration Process

Embarking on the family-based immigration journey involves a series of steps designed to unite families within the U.S. Here’s a concise guide to navigate this path:

  1. Determine Eligibility: Identify if the family member you wish to bring to the U.S. falls under the immediate relative or family preference category.
  2. Petition Filing: The U.S. citizen or lawful permanent resident sponsor must file Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS).
  3. Petition Approval: Once USCIS approves the petition, it is forwarded to the National Visa Center (NVC) for visa number allocation. The availability of a visa number depends on the relative’s category and country of origin, subject to annual caps.
  4. Application Process: The foreign relative completes visa application forms, submits required documents, and undergoes a medical examination.
  5. Interview: The relative attends an interview at a U.S. embassy or consulate in their home country. The consular officer reviews the application to determine eligibility for an immigrant visa.
  6. Visa Issuance: If the visa is approved, the consular office issues it, allowing the relative to travel to the United States.
  7. Status Adjustment: Upon arrival in the U.S., the relative may need to adjust their status to a lawful permanent resident by filing Form I-485, Application to Register Permanent Residence or Adjust Status, if not already processed through consular processing.

This streamlined overview offers a glimpse into the structured yet intricate process of immigration under family-based category, emphasizing the importance of precise documentation and legal guidance throughout.

Tadeo & Silva Law Firm: Dedication to Your Family-Based Immigration Process

At Tadeo & Silva, we pride ourselves on helping families stay together. We understand what it means to be separated from your loved ones and, most notably, what it means to be reunited. Whether you are trying to bring a family member to the United States or you are trying to keep your family member here, we navigate the complicated immigration system for you.

Dealing with the different offices under the Department of Homeland Security and the Department of State can be daunting. At Tadeo & Silva, the Immigration Lawyer Atlanta professionals will guide you through the process, always providing step-by-step legal representation and communication to keep you informed on your immigration case. No matter how you entered the United States, we can assist you in changing your immigration status.

Our experience includes helping clients navigate family-based immigration cases such as:

  • Adjustment of status to lawful permanent resident status (application for a green card within the U.S.)
  • Consular Processing (application for green card outside of the U.S.)
  • K-1 Fiancé visas
  • Form I-751, petitions for removal of conditions on permanent residency (10-year green cards) status based on joint filing or complicated waivers based on terminated marriage, abuse, or hardship
  • Motions and appeals to USCIS Atlanta, the Board of Immigration Appeals, and other U.S government agencies
  • Form I-601A, provisional waivers of inadmissibility for unlawful presence
  • Form I-601, a waiver for inadmissibility grounds based on criminal issues, misrepresentation or fraud, smuggling, and other
  • Form I-212, applications for permission to reapply for admission to the United States for those who were previously removed (deported) from the United States
  • Employment Authorization
  • Parole-in- Place for spouses, children, and parents of United States military personnel
  • Freedom of Information Act (FOIA) requests
  • Responses to Requests for Evidence (RFE) and Notices of Intent to Deny (NOID) for pending cases before the USCIS


How Our Atlanta Family-Based Immigration Attorneys Can Help

Under U.S. immigration law, certain family members or relatives of U.S. citizens and lawful permanent residents can get green cards based on these family relationships. There are two family-based preference categories: immediate relatives and family-preference immigrants.

Eligible family members are arranged in immigrant preference categories under the Immigration and Nationality Act (INA). For example, the first preference categories are unmarried daughters and sons of U.S. citizens 21 and older. In contrast, the fourth family preference categories are sisters and brothers of a U.S. citizen who is 21 or older.

A family-based immigrant visa application has to be filed with the U.S. Citizenship and Immigration Services (USCIS), along with proof of the relationship in question and the immigrant status of the petitioner. In addition, there are caps on per-country immigration, as well as caps on immigrant categories.

These immigration law issues can be difficult and confusing. Our immigration lawyers at Tadeo & Silva immigration law firm understand what it’s like to struggle to obtain a green card or wait for a family member to join you in the United States. Even if the immigrant case circumstances are challenging, we fight for every client.


Contact Tadeo & Silva Law Today

At Tadeo & Silva, our experienced Atlanta family-based immigration lawyers understand the complexities of U.S. immigration law and will work hard to help you achieve your desired outcome. We are committed to providing personalized and professional immigration services promptly and are here for you every step of the way.

Contact us today to get started on your family-based immigration case. We look forward to helping you and your family navigate the U.S. immigration system and reunite you with your loved ones.

How Long Do Family Based Visas Take to Process

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