Family Based Immigration in Fort Lauderdale
Board Certified Immigration Attorney: Call (888) 900-1748.
At Guerra Sáenz, PL, we understand the value of family, and we know
how important it may be for you to be able to bring your loved ones to
live with you here in your new home in the United States. Unfortunately,
the process of applying for an immigration visa can be challenging to
say the least, and if you are not properly prepared to address the issues
which may arise, you could be met with the frustration of a delayed or
denied application. Avoid taking chances with the outcome of this situation.
Give yourself the best possible chances of success by hiring our law firm
at the beginning of the process.
Why Choose Our Family Immigration Attorneys?
- Legal expertise from a native Spanish speaker
- Well over 1,000 immigration cases handled
- National Association of Distinguished Counsel (top 1% of lawyers)
- Highly rated by past clients and by fellow lawyers
Attorney Guerra is Board Certified in Immigration and Nationality Law who
himself immigrated to the U.S. when he was 15; as an immigration law expert
by experience and by training, you can trust in him with your immigration
case, no matter how complex it may be. At Guerra Sáenz, PL, we
offer the passionate, knowledgeable support you need for every step of
your immigration process.
Adjustment of Status & Consular Processing
There are two primary routes for family based
immigration: Adjustment of Status and Consular Processing, and depending on which
one you are eligible to use, you will either be able to carry out the
process while remaining in the United States or from your home country.
Adjustment of Status applies to individuals who are already present in the United States on
a visa and/or who are eligible for a green card. This includes people
who are being sponsored by a family member who filed a Form I-130 "Petition
for Alien Relative" or who have claimed refugee status. Adjustment
of Status is generally faster than Consular Processing, usually completed
in a matter of months as compared to years. Another benefit for Adjustment
of Status applicants is that it makes it possible for the applicants to
secure a work permit while waiting for approval of the case.
Consular Processing, on the other hand, is for those whose I-130 petitions have already been
approved while living abroad, and it can be completed at the local U.S.
Department of State consulate. In either scenario, the beneficiary of
the visa petition will be able to obtain permanent resident status. We
have extensive experience with both of these types of cases, and we will
assist you with the entire process.
Family Based Immigration Preference Categories
Family based immigration is possible through either of two separate means:
Immediate Relative Immigrant Visas and Family Preference Immigrant Visas.
Immediate Immigrant Visas are available for some relatives of a U.S. citizen,
such as a spouse, an unmarried child under 21 years old, orphans adopted
abroad, and parents of citizens older than 21 years old, and there is
no limit to the number of people who can immigrate in this category.
Family Preference Immigrant visas, on the other hand, include a larger
group of relatives, divided into four categories:
- First Preference (F1) – Unmarried children of U.S. citizens, and
their minor children
- Second Preference (F2) – Spouses, minor children, and unmarried children
of green card holders
- Third Preference (F3) – Married children of U.S. citizens, as well
as their immediate families
- Fourth Preference (F4) – Siblings of U.S. citizens over the age of
21 years old, as well as their immediate families
K-1 (Fiancée) and K-3 (Spousal) Visas
Immigration laws allow certain visas for foreign citizens to be in the
U.S. temporarily and lawfully, while working toward obtaining permanent
resident status (green cards). These visas make it possible for alien spouses and fiancées to
enter the U.S. while awaiting adjudication on a Form I-130 Petition for
Alien Relative. A K-1 visa requires that the alien marry his/her U.S.
citizen petitioner within 90 days of entry into the U.S. The application
process for change of status to permanent resident occurs following the
marriage. A K-3 visa allows a foreign citizen spouse and his/her minor
children admission into the U.S., but eligibility for the visa depends
on being married to a U.S. citizen.
Removal of Conditions of Residency
To change residency status when married less than two years, one would
file a Form I-751, Petition to Remove Conditions of Residence. The petitioner
must prove that he/she did not marry with the intention of evading immigration
laws. There may be a situation where the marriage occurred but it did
not work out, yet the foreign citizen desires to remain in the United
States. Our Fort Lauderdale immigration lawyers can help you determine
if you meet the eligibility criteria for this possible change in immigration status.