We Offer A Broad Range Of Family-Based Immigration Options
Family-based immigration allows you to bring members of your family from other countries to the U.S. It is one of the primary avenues for immigration into the U.S. However, it is a complex process that requires considerable legal advice.
At Robert M. Bell, P.A., we are attorneys and immigration professionals serving people across South Florida from our Hollywood office. Everyone in our office is bilingual, and we work closely with clients who are facing any of the most pressing issues in immigration law. Our family-based services center on answering your questions and resolving your problems.
A Brief Overview Of Family-Based Immigration
The first hurdle of any family-based immigration process is eligibility, which relies on familial proximity. Primarily, close family relations who are eligible for visas include:
- Spouses: An important requirement of marriage-based green cards and visa options is proof of a bona fide relationship.
- Fiancé(e)s: There is, among other requirements for fiancé(e) visas, a condition of marriage within 90 days of relocation.
- Parents: Bringing parents may require documentation and proof of their financial independence from the U.S. government.
- Children: Any children you had prior to moving to the U.S. or children you adopted overseas may need immigration law intervention.
- Siblings: If you have siblings in any circumstances – half-siblings, step-siblings, siblings by adoption – then you may have the opportunity to sponsor them as a U.S. citizen.
Eligibility, however, is only the first step in what can be an exceedingly complicated application process.
What Is The Application Process?
The application process is how your family member will explain their reasoning and need to move to the U.S. to the U.S. Customs and Immigration Service (USCIS). The process can be broadly described as follows:
- Filing paperwork: This includes filing the initial Form I-130, Petition for Alien Relative, as well as filling out any other important forms, such as affidavits of support, and online applications. There are also many fees associated, which you must pay.
- Securing vital documents: Between birth certificates, proof of residency and financial statements, there’s a lot of information to secure. Compiling and coordinating the delivery of this information is not easy.
- Interviewing: Every person who seeks a green card will go through the interview process. This is a fact-finding session, and it can be extremely high stress. These interviews could conceivably happen while the individual is in their home country, which is called “consular processing.”
Another consideration is your family member’s location during the visa process. If they are in their home county, then they’ll go through consular processing. If they’re in the U.S., then you may have to pursue a change in status, which is a complicated procedure.
Additionally, in any immigration effort, managing the priority dates and visa bulletins is vital, as deadlines change from year to year or even month to month, depending on circumstances.
FAQs On Family-Based Immigration In Florida
Understanding the legal requirements and timelines of the immigration process is a decisive factor. We have answered common questions about family-based immigration for individuals in Florida.
Does marrying a U.S. citizen automatically grant a green card to a foreign national?
Marriage to a U.S. citizen does not automatically confer permanent residency status. While marriage creates eligibility for a green card, the foreign spouse must still go through the proper legal channels, such as:
- Filing Form I-130 (Petition for Alien Relative)
- Undergoing background checks
- Providing evidence of a bona fide marriage
- Potentially attending an interview with USCIS.
Any attempt to circumvent this process through marriage fraud carries severe penalties under Florida law.
Can a U.S. citizen sponsor their parents for permanent residency?
Yes, U.S. citizens who are at least 21 years old can petition for their parents to become permanent residents. This falls under the “immediate relative” category, meaning no annual visa number limitations exist. However, the sponsoring child must still demonstrate their ability to support their parents financially, and the parents must meet all admissibility requirements under U.S. immigration law.
Are there any minimum income requirements for sponsoring a family member for immigration?
Sponsors must meet specific income thresholds based on the Federal Poverty Guidelines. They must demonstrate an income of at least 125% above the federal poverty level for their household size, including the intending immigrant. If the sponsor’s income does not meet this threshold, alternative options include using assets or finding a joint sponsor who meets these requirements.
How long does it typically take to obtain a green card through family-based immigration?
Processing times vary significantly depending on the relationship category and current USCIS workload. Immediate relatives, like spouses, parents and unmarried children under 21 of U.S. citizens, often have shorter wait times, typically between 12 and 18 months. Other family members, like siblings or married children, may face longer wait times due to visa caps and country-specific backlogs. For these categories, the process can take several years.
We’ll Guide You Through This
Considering all the difficulties and factors involved, it’s understandable that you might feel intimidated by family immigration challenges. But you aren’t alone when you turn to us. We are all bilingual, and we’ll be dedicated to solving your immigration problems. Call 954-400-3156 or send an email to get started.