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Helping Immigrant Families Protect Their Rights and Navigate the Complex Immigration Process

More than ever before, individuals are choosing to immigrate to the United States to escape wars, poverty, and persecution. In many instances, only one family member can come to the U.S. to bring other family members later, or relatives of those who remain in foreign countries wish to help them get to safety.

However, with the current political climate, immigration law seems to change constantly, making it challenging to understand the available options.

For these reasons, it is always wise to consult with an experienced attorney with comprehensive experience handling immigration cases.

The Element Law Firm, PC of Southern California, is well-versed in immigration law and knows what it takes to obtain favorable client results. If you have family immigration matters and are unsure where to start, contact our law offices and ask to schedule a complimentary 15-minute phone call with our highly trained immigration lawyer, who can discuss your legal options.

What is Family Based Immigration?

Family-based immigration is a program that allows U.S. citizens and lawful permanent residents to bring their eligible family members to this country. Of all of the immigration options that the U.S. Citizenship and Immigration Services (USCIS) offers, family-based immigration is the most commonly used.

The sponsor is the individual who files the visa petition for their family member. The individual wishing to come to the U.S. is known as the beneficiary.

There are many significant benefits of family-based immigration, which include:

  • It provides families a pathway to achieve the American dream and live as an intact family unit.
  • Families typically offer relatives the most financial support once they reach the U.S.
  • The USCIS can monitor the number of individuals who come to the U.S. intending to become lawful permanent residents.
  • Family-based immigration promotes future growth in the workforce, especially when younger families are allowed to be together.

If you want more information regarding family-based immigration law, contact The Element Law Firm, PC, to schedule a consultation.

What Relatives Can a U.S. Citizen Sponsor for Permanent Residency?

Individuals who are U.S. citizens may sponsor and apply for relative visas for several different types of relatives. U.S. citizens are allowed to petition for a green card, also called permanent residency, for the following immediate relatives:

  • Their husband or wife who is a non-U.S. citizen.
  • Minor or adult children, age, or marriage status does not affect filing a family visa application.
  • A brother or sister if the sponsor is at least 21 years old.
  • A parent if the sponsor is at least 21 years old.

If the sponsor who wishes to bring a family member to the U.S. is a lawful permanent resident, they may file a family visa petition for the following relatives:

  • Their husband or wife who is a non-U.S. citizen.
  • Minor children
  • Unmarried children.

Several types of family visas are available depending on a sponsor’s circumstances and the proposed beneficiaries. A knowledgeable immigration attorney can evaluate your needs and determine which option would be suitable for your family.

Understanding the complexities of immediate relative visas can be challenging for those unfamiliar with family immigration matters. For this reason, it is always best to hire an experienced immigration lawyer to assist you.

Our immigration law firm has comprehensive experience in helping families bring their loved ones to the U.S. and would be honored to help you with your legal needs.

What are the Legal Requirements to Sponsor a Relative in Family-Based Immigration?

Although family-based immigration is the most commonly used form of immigration in the U.S., there are specific immigration laws that must be met for a petition to be considered. These legal requirements include:

  • Financial sponsorship: The sponsor must demonstrate the financial ability to support the Beneficiary at 125% of the federal poverty guidelines.
  • Affidavit of Support: The sponsor must submit Form I-864 verifying that they are willing to accept financial responsibility for the alien relative.
  • U.S. Domicile: The sponsor must legally reside in the United States.
  • Biographical information: The sponsor and beneficiary must provide biographical information proving a legal relationship between the two parties. Other additional mandatory information includes medical exams and background checks.
  • Consular processing or Adjustment of Status: If the beneficiary lives outside the U.S., they may go through consular processing. However, if the beneficiary already resides in the country, they may apply for an adjustment of status to try and obtain their green card.

Because the requirements seem to be constantly changing in immigration matters, it is always best for individuals considering filing family visa applications to hire an attorney to advise them of their legal rights.

The Element Law Firm, PC, can help you understand the current legal requirements so that you can determine what the next steps should be.

Why Should I Hire an Immigration Lawyer to Help Me Bring My Family Member to the U.S.?

Element Law Firm, PC recognizes that immigration law can be confusing and overwhelming for those unfamiliar with the process. As a result, anyone who is considering filing for a family-based visa must hire an immigration attorney.

Some of the most significant benefits of hiring an immigration attorney include:

  • An immigration attorney will thoroughly evaluate your case and determine the best legal strategy for your family’s needs.
  • Your attorney will assist with completing the paperwork, obtaining the necessary documentation, and filing the application. In many instances, petitions are denied because they are filled out incorrectly or are incomplete, causing the case to be unnecessarily denied.
  • Legal representation: An immigration lawyer will act as your legal advocate when dealing with the USCIS and other immigration authorities. As with all legal matters, having a skilled lawyer on your side can significantly increase your chances of obtaining favorable results.
  • Protect your rights: Because of the complexities of immigration law, you must hire an attorney to protect your and your family member’s legal rights during the immigration process.

Element Law Firm, PC of Southern California, is dedicated to helping clients and their families have the peace of mind they deserve. Our legal team recognizes that every case is different, and we strive to help families be reunited so they can build their lives together.

Contact our law offices at 760-487-1120 and ask to schedule a consultation to discuss how we can assist you.

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