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Whether you arrived in the U.S. on a work visa and fell in love in Florida, or you’re looking to bring your family member(s) here from abroad, you will need the help of a Tampa family immigration lawyer. This is because family immigration is one of the most meaningful but complicated areas of immigration law.
At Brown Immigration Law, our team is proud to help families unite or remain together here in the United States. We provide compassionate, personalized legal support for U.S. citizens, lawful permanent residents (LPRs), and non-citizens who need family immigration help. Whether you’re filing a petition for a visa, adjusting your status after marriage, or dealing with complications like unlawful presence or delays, our experienced attorneys can help you.
Send an online contact form or call (813) 791-7535 to talk about your case with Brown Immigration Law today.
Family Immigration Matters in Tampa
Tampa is one of Florida’s most diverse and rapidly growing metro areas. Many residents who live here now originally came here on a temporary work, student, or business visa. Of course, life can change quickly, and it’s not uncommon for someone to meet a partner, fall in love, or have children while living and working in the U.S.
If this sounds familiar, then your immigration goals probably look different now from what they were when you first arrived here. Brown Immigration Law helps clients in exactly your situation, folks who need to adjust their immigration status from non-immigrant to immigrant (i.e., permanent resident) based on a new family relationship. And if you’re engaged to be married, we can also help you secure a fiancé(e) visa in Tampa.
Who Is Legally Allowed to Petition for a Family Member?
Typically, a U.S. citizen or lawful permanent resident files a petition for their qualifying relative. The eligibility and timeline for the process depend heavily on the petitioner’s legal status and the nature of the petitioner’s relationship with that person.
U.S. citizens can file a petition on behalf of:
- Their spouse
- Their children (whether or not they are married)
- Their parents (so long as the petitioner is over the age of 21)
- Siblings (so long as the petitioner is over the age of 21)
Lawful permanent residents can file a petition on behalf of:
- Their spouse
- Their unmarried children, no matter whether they are juveniles or legal adults
It is important to note that green card holders cannot petition for married children or siblings; only U.S. citizens can.
Immediate Relatives vs. Family Preference Categories
One of the most important distinctions in family immigration law concerns “immediate relatives” versus those in “family preference categories.”
Immediate Relatives
Immediate relatives consist of a person’s spouse, unmarried children under the age of 21, and the parents of U.S. citizens. There are no visa limits and no waiting period beyond what you would wait for standard processing. Immediate relatives can enjoy quicker pathways to green cards and their adjustment of status.
Family Preference Categories
Family preference categories include:
- F1: Unmarried adult children (21 years of age and up) of U.S. citizens
- F2A: Spouses and unmarried children (under the age of 21) of green card holders
- F2B: Unmarried adult children (21 years of age and up) of green card holders
- F3: Married children of U.S. citizens
- F4: Siblings of U.S. citizens
These categories are subject to annual visa caps and backlogs, which can mean years of waiting. This is especially true for countries with high demand, like Mexico, India, and the Philippines.
How Adjustment of Status in Tampa Works
Many clients in Tampa first enter the U.S. on a temporary, or non-immigrant, visa, like a student visa (F-1), visitor visa (B-2), or work visa (H-1B or L-1). Later, they may want to apply for a Green Card after marrying a U.S. citizen or after forming another qualifying relationship. This process is called adjustment of status, and it allows eligible individuals to apply for permanent residence without leaving the U.S.
The basic requirements for an adjustment of status include:
- You entered the U.S. lawfully (even if your visa has since expired).
- You are physically present in the U.S.
- You are eligible for a green card through a qualifying relationship.
- There are currently no bars to adjustment for you, such as a criminal history or immigration violation.
Our Tampa family immigration attorneys can help prepare your forms together in a process called concurrent filing if you are eligible for adjustment.
What If My Loved One Is Abroad?
If your family member is currently living outside of the U.S., then they may need to go through consular processing instead. This involves their petition being approved by USCIS, then transferred to the National Visa Center (NVC), followed by an interview at a U.S. embassy or consulate abroad.
We can help by:
- Preparing all the necessary documentation for filing.
- Guiding them on how to handle any issues that come up, such as grounds of inadmissibility.
- Handling waivers for unlawful presence or misrepresentation.
- Coordinating with the consulate in their country.
Do You Have a Family Immigration Lawyer Near Me?
Brown Immigration Law is located at 400 N. Ashley, Suite #1900; our building is right at the beginning of the Tampa Riverwalk. There’s a parking garage available and a bus stop across the street. We maintain additional offices in Orlando and in Durham, NC, Columbus, OH, and Cleveland, OH.
Contact a Tampa Family Immigration Lawyer Today
At Brown Immigration Law, we combine national reach with local experience. Immigration is federal law, which means we can help clients across the country, but we also understand the unique needs of families living and working right here in Tampa.
We understand that no two families are alike, and that no two immigration journeys are the same. Whether you’re trying to bring a spouse to the U.S., adjust your status after marriage, or prepare for the future with your U.S. citizen children, we’re here to help. Call our Tampa office or contact us to schedule your confidential consultation.
Providing immigration solutions in Ohio, North Carolina, and Florida. Contact us today for a personalized consultation.
