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Columbus Immigration Lawyers Helping Families
No country is perfect, but if you are reading this, you know that the opportunities available in the United States make it one of the best places to build a life for your family. At Brown Immigration Law, we know this not only because we live here, but also because many of our staff and their family members immigrated here. Our personal experiences dealing with the immigration system give us great insight and understanding about what you are going through. One of our main goals as an immigration law firm is to help you give your family the best chance to create a better life.
What Is Family-Based Immigration?
Family-based immigration allows U.S. citizens and lawful permanent residents to sponsor certain relatives to come to the United States and obtain permanent residence. This process is focused on close family ties rather than employment or education.
Family-based immigration is petition-driven, and visa availability can be limited. Processing times vary depending on your relationship to the family member, whether you are a citizen or a green card holder, and your relative’s location. Because the process can be complex, working with a family immigration attorney can help ensure your petition is filed correctly and increase your chances of successfully sponsoring a relative or fiancé.
Who Can Sponsor a Relative?
Only certain individuals can file a petition to bring a family member to the U.S. You must be at least 21 years old and either a U.S. citizen or a green card holder. Citizens can sponsor a wider range of relatives and face fewer limits on available visas, while green card holders are restricted to specific family members.
Who Is Eligible to be Sponsored?
Immediate relative visas are available for spouses, parents, and unmarried children of U.S. citizens. These visas are not subject to annual caps, which can make processing faster. Categories for immediate relative visas include:
- IR1 and CR1 for spouses
- IR2 for children
- IR5 for parents
- IR3, IH3, IR4, IH4 for intercountry adoptions
Other family-based immigrant visas are available to relatives who do not qualify as immediate relatives and are therefore subject to annual limits under the Visa Bulletin’s preference system. For U.S. citizens, this includes adult children and siblings. For lawful permanent residents, this includes spouses and unmarried children. Because these visas are numerically capped, wait times can be longer. The applicable family-based preference categories include:
- F1 for unmarried children 21 or older of U.S. citizens
- F3 for married children of U.S. citizens
- F4 for siblings of U.S. citizens
- F2A for spouses and unmarried children under 21 of green card holders
- F2B for unmarried children 21 or older of green card holders
Common Family Immigration Challenges
No family is precisely the same, and family immigration law involves as many different challenges as there are families. Some common hurdles your family-based immigration petition may face include:
- Visa backlogs and waiting periods: There is a maximum of 480,000 family preference visas set aside each year in the United States. This cap, established by Congress in 1990, does not meet the annual demand, especially after accounting for immediate relative visas. Additionally, no more than 7% of overall family preference visas can come from a single country. This leads to backlogs and long waiting periods, particularly for relatives from countries with high demand.
- Prior unlawful presence or status issues: If your relative has a history of unlawful presence in the U.S., even if it occurred years ago or as a child, their petition can be affected. Working with a family immigration attorney can help you understand options and navigate these issues.
- Extended family structures: Some sponsors wish to petition for stepparents, grandparents, or other close relatives. U.S. immigration law prioritizes certain family relationships, so while stepparents may qualify under certain circumstances, uncles, aunts, in-laws, grandparents, and cousins are not eligible for family preference visas. Sibling relationships make up only about 6% of family preference immigration. These limitations can create hurdles in proving your relationship and gathering the required documentation.
- Requests for evidence: You may need to provide birth certificates, marriage or death certificates, divorce decrees, or other documentation to meet all requests for evidence. In some countries, political instability, natural disasters, or changing government structures can make obtaining these documents difficult.
- Financial sponsorship concerns: As the sponsor, you must submit an affidavit of support, a legally enforceable contract that creates financial responsibility toward your relative. You must meet income requirements or find a joint sponsor or alternative options. You may be able to count assets of the relative, additional household members, or the cash value of assets to meet the 125% poverty level threshold. Falsifying information on the affidavit carries severe penalties. Your financial responsibility lasts until the immigrant becomes a U.S. citizen or works in the U.S. for 40 quarters (about 10 years). A family immigration lawyer can review your documentation and help ensure you meet these requirements.
How Can a Family Immigration Attorney Help?
Family immigration cases can be complex and time-consuming, with strict deadlines, detailed paperwork, and specific legal requirements. A family immigration attorney can guide you through each step, helping you understand eligibility rules, gather the correct documentation, and avoid common mistakes that could delay your petition.
At Brown Immigration Law, we assist families with all aspects of the process, from filing petitions to representing you in immigration court if necessary. Our Columbus immigration lawyers work with you to find solutions tailored to your family’s situation, helping make the process as smooth and efficient as possible.
Our Family Immigration Services in Columbus
At Brown Immigration Law, our main goal is to help keep families together. We work tirelessly with clients to help build a framework for successful and low-stress immigration to the United States. Some of the key legal services we provide include:
- Adjustment of Status: Adjustment of status converts a temporary visa status into a pathway for permanent residency. Family members already in the U.S. for work or study may be eligible for an adjustment of status without needing to leave the U.S.
- Consular Processing: Consular processing applies when an applicant is still located in their home country.
- Fiancé Visas (K-1): Guidance for couples who plan to marry in the U.S. and need a K-1 visa to enter lawfully for that purpose.
- Marriage-Based Immigration: Support for spouses of U.S. citizens or lawful permanent residents seeking permanent residence based on a valid marriage.
- Immediate Relative Visas: These visas allow for U.S. citizens to sponsor their parents, unmarried children, and spouses for lawful permanent residency.
- Family-Based Visas Subject to Preference Categories: Applies to certain relatives of U.S. citizens and lawful permanent residents, including siblings and adult children of U.S. citizens and spouses or unmarried children of permanent residents. These visas are subject to annual limits under the Visa Bulletin.
- Special Immigrant Juvenile Visas: This type of visa was created to help children who were found to be abused, abandoned, and/or neglected by the state court with jurisdiction.
- Deferred Action for Childhood Arrivals (DACA): We can help evaluate whether your child qualifies for DACA and advise you on how to move forward.
Certain family immigration cases may involve waiver considerations outside the visa categories listed above, including I-601A Provisional Waivers, depending on an applicant’s immigration history.
¿Tiene un Abogado de Inmigración Familiar Cerca de Mí?
En Brown Inmigración Law, nuestros abogados de inmigración en Columbus ayudan a familias a reunirse y construir un futuro estable en los Estados Unidos. Representamos a ciudadanos estadounidenses y residentes permanentes legales que desean pedir a sus familiares mediante el proceso de inmigración familiar, incluyendo peticiones para esposos, hijos y padres. Sabemos que cada familia enfrenta circunstancias distintas, desde tiempos de espera prolongados hasta preocupaciones sobre estatus migratorio previo. Nuestro equipo trabaja de manera cercana con cada cliente para preparar solicitudes sólidas, evitar errores que causen retrasos y guiar a las familias de Columbus durante todo el proceso migratorio con claridad y cuidado.
Do You Have a Family Immigration Lawyer Near Me in Columbus, OH?
Yes, Brown Immigration Law has Columbus-based immigration attorneys ready to help with family petitions. We provide personalized guidance throughout the process, and you can meet with our team at our office at 2000 W Henderson Rd, Suite 150, Columbus, OH 43220.
Reach Out to Our Columbus Family Immigration Lawyers Today
At Brown Immigration Law, we understand the stakes involved with family immigration matters, as well as how to make the entire process smoother. If you need help getting a visa or green card for your spouse or family member, contact us. We’ll help you bring your family back together.
