FAMILY BASED IMMIGRATION LAWYER IN MIAMI

Family Immigration

Do you know how to get a green card? Or how to apply for a green card for your family member? At the immigration law firm of Gurian Group P.A., in Miami, Florida, we realize that there is nothing more important than your family. And our promise is to help you and your family apply for and obtain a green card to the United States.

Family based immigration options for U.S. citizens

As a U.S. citizen, our immigration lawyers can help your family members become lawful permanent residents of the United States. To do so, you need to sponsor your relative. You begin the immigration process by filing a Petition for your relative using Immigration Form I-130. A U.S. citizen can file an immigration petition for their spouses, children, parents, brothers and sisters.

Family based immigration options for lawful permanent resident’s (green card holder)

As a lawful permanent resident (green card holder), our immigration lawyers can help your family become lawful permanent residents of the United States and obtain their “green card.” You begin the immigration process by filing a Petition for your relative using immigration form I-130. A lawful permanent resident can file an immigration petition for their spouses and unmarried children.

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U.S. Citizen Petition

As a U.S. citizen, you must file a separate petition for each one of your direct relatives, including yourown children. For example: To sponsor your mother and father, file a separate petition for each. If they have other children—your brothers and sisters—file a separate petition for each of them. Visas are immediately available for mothers and fathers of U.S. citizens, but visas are not immediately available for brothers and sisters of U.S. citizens; therefore, they will have to wait for visa availability. For example: You marry someone with a child. The child will usually qualify as your stepchild if he or she was unmarried and under 18 years of age at the time of your marriage. In this example, you are required to file two petitions: one petition for your wife and another for the child.

Immigration law provides different immigrant classifications for children depending on their age and whether they are married. After I file, how long will it take before my relative can immigrate? The law gives special consideration to immediate relatives of U.S. citizens, which includes a U.S. citizen’s spouse, unmarried children under 21 years of age, and parents. There is no waiting list to immigrate these relatives. The U.S. Department of State will invite them to apply for an immigrant visa as soon the approve the petition. • If your petition has been approved, and your relatives are currently in the United States after making a legal entry (and they meet certain other requirements), they may be able to file applications to adjust to permanent resident status. For other relatives, the combination of high demand and the limits set by law on how many people can immigrate each year means your relative may have to wait several years in line while petitions that were filed before theirs are processed. When your relative reaches the front of the line, the U.S. Department of State contacts your relative and invites him or her to apply for an immigrant visa. Current wait times for visa categories are available under “Visa Bulletins” on the State Department’s website at travel.state.gov/visa

Relative Wait In The United States

Can my relative wait in the United States until becoming a permanent resident? No. If your relative is outside the United States, filing a petition does not allow your relative to live or work in the United States. A petition only establishes your relationship with your relative. Your relative should wait outside the United States to immigrate legally. If your husband or wife, unmarried child under 21 years, or parent is already in the United States after having entered legally, they can apply to adjust their status to permanent resident at the same time you file their petition. Does filing a relative petition commit me to anything? Yes. Under the law, each person who immigrates based on a relative’s petition must have a financial sponsor. If you choose to sponsor your relative’s immigration by filing a petition, when the time comes for your relative to immigrate, you must agree to be his or her financial sponsor. If you do not meet the financial qualifications, other individuals will then need to make this commitment.

How do I file? There are two basic ways to legally assist your relatives to immigrate into the United States:
1. If your relatives live in another country, you will file a petition with USCIS.
2.If your relatives are already in the United States and entered legally, then they may be able to file to adjust their status to lawful permanent resident at the same time as you file the petition.

How long will it take USCIS to process my petition? Since processing time depends on a number of factors, it is difficult to provide a timeframe. Immigration does post current processing times on their website at uscis.gov. What if I filed a petition for a relative when I was a permanent resident, but I am now a U.S. citizen? If you become a U.S. citizen while your relative is waiting for a visa, you can upgrade your relative’s visa classification and advance the processing of that petition by notifying the appropriate agency of your naturalization. When you are a U.S. citizen, your husband or wife and any unmarried children under age 21 will have visas immediately available to them.

Gurian Group

Respected Attorneys serving South Florida for a decade!

9415 SW 72 Street, Suite 256
Miami, FL 33173

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