No one should have to choose between the country they live in and the family they love. The United States has a process that allows immigrants to bring their family members here legally. A family visa lawyer in Durham can help you move things along quickly and correctly.
A lot of families start this process without fully understanding what is involved. They fill out forms incorrectly, miss important deadlines, or choose the wrong visa category for their situation. These mistakes can add months or even years to the process.
Mendoza Law has over a hundred years of combined immigration experience and has helped thousands of families come together in the United States. We know how much is at stake in these cases, and we treat every client with the care and attention they deserve. If you are looking for a Durham immigration lawyer, we are here to help.
What Types of Family Visas Are There?
The type of family visa you need depends on your relationship with the person you are trying to bring to the U.S. and your own immigration status. Here is a simple overview:
Immediate Relative Visas
These are for the closest family members of U.S. citizens. They include spouses, unmarried children under 21, and parents of U.S. citizens who are 21 or older. These visas are processed faster because there is no cap on how many are issued each year. A cap means a limit.
Family Preference Visas
These cover other family relationships, such as adult children of U.S. citizens, siblings of U.S. citizens, and spouses and children of lawful permanent residents. These visas take longer because there is a limit on how many are available each year. The wait can range from a few years to many years depending on the category and the country your family member is from.
Knowing which category applies to your family member is the first and most important step. A Durham family visa lawyer can explain this clearly and help you set realistic expectations for your timeline.
Starting the Process: The I-130 Petition
The family visa process starts with filing a petition. A petition is a formal request to the U.S. government asking them to recognize your family relationship. The form used is called Form I-130, Petition for Alien Relative.
To file this form, you need to show:
- That you are a U.S. citizen or lawful permanent resident
- That you have a qualifying family relationship with the person you are petitioning for
- Basic personal information about both you and your family member
This form needs to be filled out carefully and submitted with the right supporting documents. A mistake here can delay the entire process. A family visa attorney in Durham will make sure your petition is complete and correct before it goes anywhere near the government.
The Consular Interview: What to Expect
Once the petition is approved and a visa becomes available, your family member will need to attend an interview at a U.S. embassy or consulate in their home country. A consulate is an official U.S. government office located in another country. During the interview, a consular officer will:
- Ask questions about your family relationship
- Review all of the documents your family member brought
- Check for any issues in your family member’s background that could affect their eligibility
The officer is looking to make sure the relationship is genuine and that your family member meets all the requirements to enter the U.S. If something does not add up or a document is missing, the visa can be denied or put on hold.
Preparing for this interview properly is very important. At Mendoza Law, we help families get ready for the consular interview so they know exactly what to bring and what to expect.
The Affidavit of Support: Proving You Can Provide for Your Family
One requirement that many people do not know about until it is too late is the Affidavit of Support. An Affidavit of Support is a legal document where you promise the U.S. government that your family member will not need financial help from the government after they arrive.
To qualify, your income generally needs to be at least 125 percent of the federal poverty guideline for your household size. The federal poverty guideline is a number set by the government each year that represents the minimum income needed to meet basic needs.
If your income does not meet this requirement, you have options. You may be able to use assets like savings or property to make up the difference, or you can find a joint sponsor. A joint sponsor is someone else who agrees to share the financial responsibility with you.
This is one of the most common stumbling blocks in family visa cases. At Mendoza Law, we go over this requirement with every client early in the process so it does not become a problem later.
What Happens When Your Family Member Arrives
When your family member arrives in the United States, their journey is not over yet. Depending on the type of visa they received, they may need to apply for a green card to become a lawful permanent resident. A lawful permanent resident is someone who has the legal right to live and work in the U.S. permanently.
Knowing what comes after the visa is approved helps you plan ahead and make sure your family member’s status stays secure. At Mendoza Law, we help our clients think through every stage of the process, not just the first one.
Talk to a Family Visa Lawyer in Durham Today
Your family belongs together. Mendoza Law offers free case reviews so you can find out exactly where you stand and what your options are. We will go through your situation carefully, explain the process in plain language, and tell you honestly what we can do to help.
If you need a family visa lawyer in Durham, contact Mendoza Law today. We are ready to fight for your family every step of the way.