If you and a loved one are going through the family visa process, you may have several questions and need help with the process. Our family visa lawyers in Hyattsville can answer them and guide you through each step.
At Mendoza Law, our Hyattsville immigration lawyer team can assist with everything from paperwork to interviews. We ensure that our approach is precise and tailored to each client and what they are going through.
Our team has over 100 years of combined experience. Reach out for a free consultation on your family visa situation.
What Is Family-Based Immigration?
Family-based immigration allows U.S. citizens and permanent residents to sponsor their family members who live outside of the United States. There are two main categories of family-based immigration:
Immediate Relative
Immediate relative immigration is often faster and isn’t capped. This is for those who are trying to sponsor their spouses, unmarried children (under 21), or parents.
Family Preference
United States citizens and permanent residents can sponsor extended family members for permanent residency in the country. There are four preference categories set for this kind of immigration:
- F1, first preference: Adult children of U.S. Citizens who are unmarried and are over the age of 21.
- F2, second preference: This is for permanent residents and is divided into two categories:
- F2A, which includes the spouses and unmarried children under 21.
- F2B, which includes unmarried adult children over the age of 21.
- F3, third preference: Married children of any age of United States citizens
- F4, fourth preference: siblings of adult U.S. citizens
Regardless of what kind of priority, to get started, if you are the sponsor, you must fill out Form I-130 with the U.S. Citizenship and Immigration Services (USCIS).
Family Visa Services We Offer in Hyattsville
At Mendoza Law, we handle all kinds of services for those who are looking for help with the family immigration process. Here are some of the applications we may be able to help with:
Spousal & Fiancé Visas (IR-1, CR-1, K-1)
This visa application is a path to the United States for a citizen’s spouse or fiancé. There are a few options here:
- The K1-Visa process: This visa process is for United States citizens who have a fiancé and plan to get married to them within 90 days after they arrive in the country. For couples who end up divorcing during this process, it can impact their immigration status.
- The CR-1 Visa: This is for those couples who are already married. The CR-1 process will be for those who have been married for less than two years.
- The IR-1 Visa: This is also for married couples, but for when the marriage lasts for at least two years.
The process for spousal visas will begin with filing a petition with USCIS, and continue with processing abroad if needed. USCIS will often ask for evidence proving the relationship, and there will also be sponsorship paperwork and an interview. A lawyer from our firm can help with all of these steps.
Green Card Through Family (Adjustment of Status)
If family members of a United States citizen or permanent resident are already in the United States, then they can file for an adjustment of status. This is an alternative to consular processing, which is for those who are abroad.
A lawyer can help you determine what route makes the most sense for you and your family member.
Family Preference Visas and Parent/Sibling Petitions
Visa processing will differ based on preference categories. Our firm has experience handling these types of cases, and we can help you understand what preference group your case falls into and develop a strategy to move forward.
The Typical Family Visa Process
While every case may have some differences based on the resident’s status and their specific family member, here is what you can expect from the family visa process when you are the sponsor:
File Form I-130
You’ll have to fill out Form I-130, which you can do online; this is the petition form. Getting this form filed correctly is essential to prevent delays and denials, and an experienced lawyer in Hyattsville can assist you with every step of this form.
National Visa Center (NVC) Processing
If your petition is approved, things are moved to the NVC, where matters like payments, document collection, and preparation take place, all before an interview is scheduled. A lawyer can help you collect the evidence, fill out any forms, and respond to any inquiries for more information.
Interview or Adjustment of Status
If the family member you are sponsoring lives abroad, an interview will be scheduled at a U.S. embassy or consulate. Those already living in the United States can simply apply for an Adjustment of Status.
A lawyer can help you and your family members prepare for an interview and address any concerns or questions that you may have before and after your interview process.
Visa or Green Card Issued
If everything goes smoothly and your family member is approved, they will receive the ability to reside in the United States as a permanent resident. A lawyer can help provide guidance on how your loved one can maintain this status.
Common Challenges We Help You Overcome
Here are some common challenges that many people face during the family visa process, things our firm can help you move through:
- Requests for evidence: In many cases, additional documents or evidence may be requested, and these must be sent in a timely manner.
- Prior immigration violations or overstays: If a person has previous violations or overstays, this can raise red flags and impact eligibility.
- Waivers of inadmissibility: If a person has a criminal history or past immigration issues, a waiver may be required. This can be tough to do on your own, but a lawyer can help you prepare this.
- Case delays: Family-based immigration cases can sometimes take longer than expected because of processing backlogs, missing documents, or agency requests.
Contact a Family Visa Law Firm in Hyattsville Today
Going through the family visa process can be an exciting time for many people, but the process has a lot of rules, regulations, and processes, all of which need to be completed correctly to avoid delays and denials.
The good news is that you don’t have to take the visa process on by yourself; a family visa attorney serving Hyattsville can help you from the beginning to the end and ensure that things are done strategically and correctly, even if there are speed bumps.
At Mendoza Law, we have helped over 100,000 clients face all kinds of immigration issues and processes, including complicated family visa and immigration cases. When looking for legal support in Hyattsville, look no further than our firm. Give us a call or reach out to us online for a free case evaluation.