MIAMI FAMILY-BASED IMMIGRATION LAWYER
PRACTICE AREAS
DON’T HESITATE TO REACH OUT TO US!
Our Law Firm is committed to becoming the best Law Firm for Latino, migrant, and Spanish speaking communities in Arizona and Florida.
Citizenship and Immigration Services in Miami, FL
Reuniting with loved ones is a dream shared by many, but the complex U.S. immigration system can feel overwhelming. If you’re searching for a way to bring your family together, you’re not alone. At Ybarra Maldonado Law Group, we understand the emotional weight behind every application and are here to guide you through the process.
As a trusted family-based immigration lawyer in Miami, our team is dedicated to helping families overcome legal hurdles and achieve their immigration goals. Whether you’re petitioning for a spouse, child, or parent, we’re ready to provide the support and experience you need.
To learn more about how we can help you bring your loved ones to the United States, please call a Miami immigration lawyer at Ybarra Maldonado Law Group today. Call us at (602) 910-4040 to schedule a free case evaluation or a confidential consultation regarding your case.
What Is the Family Immigration Process?
The family immigration process allows U.S. citizens and lawful permanent residents to petition for their close relatives to join them in the United States. This process begins with filing a petition through U.S. Citizenship and Immigration Services (USCIS), typically using Form I-130, Petition for Alien Relative. This form establishes the relationship between the petitioner and the family member seeking to immigrate. U.S. citizens can petition for spouses, children, parents, and siblings, while lawful permanent residents can petition for spouses and unmarried children.
Once USCIS approves the petition, the case moves to the National Visa Center (NVC) for further processing, including submitting additional documentation and paying applicable fees. If the family member is outside the United States, they will apply for an immigrant visa through the U.S. embassy or consulate in their home country. For those already in the U.S., they may be eligible to adjust their status to become a lawful permanent resident by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
Throughout this process, it’s essential to navigate the intricacies of immigration law carefully. Missteps can lead to delays or denials, which is why seeking professional immigration services is invaluable. At Ybarra Maldonado Law Group, we guide families through each step, ensuring that all paperwork is properly completed and submitted on time. Our experienced team is here to provide personalized support, so you can focus on reuniting with your loved ones while we handle the legal footwork.
Who Can Apply for the Family-Based Immigration Process in Florida?
A U.S. citizen or green card holder can apply for family based immigrant visas on behalf of their immediate family members and other family members. Who they can attempt to sponsor depends on their visa category.
A U.S. citizen or lawful permanent resident can sponsor their spouse for a green card by filing Form I-130, Petition for Alien Relative. For U.S. citizens, this process typically moves faster, as spouses are considered immediate relatives and are not subject to annual visa caps.
Lawful permanent residents can also petition for their spouses, but they may experience longer wait times due to visa availability limits. Once the petition is approved, the spouse can either apply for an immigrant visa at a U.S. consulate abroad or adjust their status if they are already in the United States. A Miami marriage visa lawyer on our team can help walk you through the process.
U.S. citizens and lawful permanent residents can sponsor their children for immigration, but the process varies depending on the child’s age and marital status. Immediate family member categories include unmarried children under 21 for U.S. citizens, while lawful permanent residents can petition for unmarried children of any age.
Married children of U.S. citizens fall into a different category and may experience longer processing times due to visa caps. Filing Form I-130 is the first step in bringing a child to the United States.
U.S. citizens who are at least 21 years old can sponsor their parents for a green card, as a parent is considered an immediate family member under U.S. immigration law. This means they are not subject to visa caps, which allows for faster processing.
The process involves filing Form I-130 and providing evidence of the parent-child relationship. Unfortunately, lawful permanent residents cannot sponsor their parents, making it crucial for families to understand the specific eligibility criteria.
U.S. citizens can sponsor their siblings by filing Form I-130, but this category is subject to longer wait times due to annual visa limits and high demand. Siblings are considered extended family members, and processing can take several years, sometimes over a decade, depending on the country of origin.
Unfortunately, lawful permanent residents are not eligible to petition for their siblings, as they are not considered an immediate family member. Despite the lengthy process, having an experienced immigration attorney can help ensure that all requirements are met and the application moves forward without unnecessary delays.
What Relatives Are Eligible for the Family Immigration Process in Florida?
In family immigration cases, a family member’s eligibility will depend on the petitioner’s status and the nature of their relationship to the person they wish to sponsor. Generally, an immediate family member, such as a spouse, child, or parent, has different priority levels compared to other relatives, like siblings.
Types of Family Immigration Petitions
Under U.S. immigration laws, there are two main types of family-based immigration petitions: immediate relative petitions and family preference petitions. Immediate relative petitions are reserved for the closest family relationships, while family preference petitions cover more distant relatives and have annual limits on the number of visas available. Each category has its own set of rules and processing times, which can significantly impact how quickly a family member can immigrate.
Immediate Relative Petitions
Immediate relative petitions are designed for the closest and most critical family relationships. This category includes an immediate family member such as a spouse, unmarried minor children, and parents of U.S. citizens. Immediate relatives benefit from faster processing times because they are not subject to annual visa caps.
For example, a U.S. citizen can petition for their spouse, minor children, or parents without worrying about lengthy waitlists, ensuring that these immediate family members can reunite as quickly as possible.
Family Preference Petitions
Family preference petitions apply to family members who do not qualify as immediate relatives and are divided into several preference categories. These categories include unmarried children over the age of 21, married children of U.S. citizens, and siblings of U.S. citizens. Unlike immediate relatives, family preference petitions are subject to annual visa limits, which can lead to longer waiting periods.
Lawful permanent residents can also petition for certain family members, such as their spouses and unmarried children, but these cases typically involve longer wait times compared to immediate family members.
How to File for Family-Based Immigration in Florida
Filing for family-based immigration begins with completing and submitting Form I-130, Petition for Alien Relative, to U.S. Citizenship and Immigration Services (USCIS). This form establishes the qualifying relationship between the petitioner (a U.S. citizen or lawful permanent resident) and the family member they wish to sponsor. Along with Form I-130, you’ll need to include supporting documents, such as proof of the petitioner’s status and evidence of the family relationship, like marriage or birth certificates.
Once USCIS approves the petition, the next steps depend on whether the family member is inside or outside the United States. If they are abroad, they will apply for an immigrant visa through the U.S. embassy or consulate in their country. If they are in the U.S., they may be eligible to adjust their status by filing Form I-485, Application to Register Permanent Residence or Adjust Status. Both processes require submitting additional forms, fees, and attending interviews or biometrics appointments.
Given the complexities of the paperwork and legal requirements, working with an experienced family immigration lawyer in Miami can make the process smoother and less stressful. At Ybarra Maldonado Law Group, we guide you through every step, ensuring all forms are correctly completed and deadlines are met. Contact us today for personalized assistance with your family-based immigration petition, so you can focus on reuniting with your loved ones.
What Are the Requirements for Family-Based Immigration in Florida?
To successfully navigate the family-based immigration process, both the petitioner and the beneficiary must meet specific requirements. Here are the key criteria that must be satisfied for family-based immigration:
- Legal Immigration Status: The petitioner must be a U.S. citizen or lawful permanent resident with valid legal immigration status.
- Qualifying Family Relationship: The petitioner must prove a qualifying relationship with the family member they wish to sponsor, such as a spouse, child, parent, or sibling.
- Sufficient Financial Support: The petitioner must demonstrate the ability to financially support the family member by meeting or exceeding 125% of the federal poverty guidelines through an Affidavit of Support (Form I-864).
- Proper Documentation: Both the petitioner and beneficiary must provide necessary documentation, including identity documents, proof of relationship, and legal immigration status of the petitioner.
- Admissibility: The family member seeking to immigrate must be admissible to the U.S., meaning they do not have criminal convictions, health issues, or previous immigration violations that would bar their entry.
What to Know About Waivers of Inadmissibility Under Immigration Law
In some family-based immigration cases, a family member may be deemed inadmissible due to issues such as prior immigration violations, criminal history, or health concerns. Under immigration law, being inadmissible can prevent the approval of a visa or green card.
However, waivers of inadmissibility offer a potential solution. These waivers allow applicants to overcome certain grounds of inadmissibility by demonstrating that denying entry would cause extreme hardship to their U.S. citizen or lawful permanent resident relatives.
Applying for a waiver can be complex and requires thorough documentation and legal arguments. Common reasons for inadmissibility that might require a waiver include previous immigration fraud or misrepresentation, unlawful presence, and certain criminal convictions.
Family immigration lawyers, like those at Ybarra Maldonado Law Group, can help you understand your options, gather the necessary evidence, and build a compelling case for a waiver, increasing your chances of keeping your family together in the United States.
Family-Based Immigration FAQs
Yes. While it’s possible to handle the family-based immigration process without legal counsel, having an experienced attorney by your side can make a significant difference. Immigration law is complex, with ever-changing regulations and strict requirements that must be met to avoid delays or denials. A single mistake on a form or missed deadline can set your case back by months, or even years. At Ybarra Maldonado Law Group, we understand that your family’s future is at stake, and we are committed to helping you achieve the best possible outcome.
An attorney can provide invaluable guidance, ensuring that all necessary documentation is accurate and complete. We can also anticipate potential challenges, such as proving the legitimacy of your family relationship or overcoming inadmissibility issues, and craft strategic solutions tailored to your situation. Beyond the paperwork, we are here to offer you peace of mind, knowing that you have a dedicated advocate fighting for your family’s unity throughout the legal process.
Choosing to work with Ybarra Maldonado Law Group means partnering with a team that cares deeply about your success. Our compassionate attorneys will walk with you through every step of the process, offering clear communication and unwavering support. Don’t let the anxiety around immigration law jeopardize your family’s future. Contact us today to start your journey toward reunification with confidence.
After a lawful permanent resident or citizen files a petition for their relative, the petition is reviewed by U.S. Citizenship and Immigration Services (USCIS). Once approved, the case moves to the National Visa Center (NVC) for further processing, where additional documents and fees are required.
For relatives outside the U.S., they will apply for an immigrant visa at a U.S. consulate or embassy. If the relative is already in the U.S., they may be eligible to apply for lawful permanent residency through an adjustment of status. Upon completing these steps, the relative can be granted permanent residence, allowing them to live and work legally in the United States. Throughout this process, it’s crucial to ensure all forms and documents are properly handled to avoid delays or complications.
The family-based immigration process can take anywhere from several months to several years, depending on various factors such as the petitioner’s immigration status, the family member’s country of origin, and current visa backlogs. For example, U.S. citizens petitioning for immediate relatives, such as spouses or minor children, may see faster processing times compared to lawful permanent residents or those petitioning for siblings.
Delays can arise due to extensive documentation requirements, background checks, and the volume of applications being processed. Experienced Miami immigration lawyers at Ybarra Maldonado Law Group can help streamline the process by ensuring all paperwork is accurately prepared and promptly submitted, reducing the risk of unnecessary delays.
The cost of family-based immigration can range from a few hundred to several thousand dollars, depending on the specific circumstances of your case. This includes government filing fees, such as those for Form I-130, Form I-485, or consular processing fees, as well as costs for medical exams, translation of documents, and any required biometrics.
Additionally, hiring an experienced immigration attorney in Miami can add to the expense but is often a worthwhile investment. An attorney ensures that your case is handled correctly, helping to avoid costly mistakes and potential delays. At Ybarra Maldonado Law Group, we offer personalized guidance and transparent fee structures to help you navigate this process with confidence and clarity.
Contact a Miami Family Immigration Attorney at Ybarra Maldonado Law Group Today
Navigating the family-based immigration process can be overwhelming, but you don’t have to do it alone. If you’re in need of a family immigration lawyer, Miami residents can trust the legal team at Ybarra Maldonado Law Group. We use our extensive experience in immigration law to guide our clients through every step of the process. We are committed to helping families reunite and build their lives together in the United States.
Whether you’re just starting the petition process or facing challenges with your case, we offer personalized legal assistance tailored to your needs. Contact our Miami lawyers today to schedule a consultation and take the first step toward achieving your family’s immigration goals. Call (602) 910-4040 or contact us online to schedule a confidential consultation with us regarding your immigration case.
TELL US YOUR STORY.
DONT WAIT. LET OUR LAW FIRM HELP YOU.
Español de México