Family Petitions Lawyers in Las Vegas

Family petitions for bringing in a foreign family member into the U.S. is overseen by the U.S. Citizenship and Immigration Services (USCIS). This agency is authorized to approve or deny petitions. 

Under the USCIS, two types of visas for foreign family members exist: 

1. U.S citizens may sponsor a spouse, both unmarried and married children, parents, and siblings for a green card.  They may also petition for a fiancé(e) who is residing outside the U.S. and his or her children under the age of 21. Family members, including spouses, children, and parents are considered immediate relatives whose visa numbers are not limited per year. However, the other family members fall under the “family preference” category in which the number of immigrants are limited per year. 
2. Lawful permanent residents (LPRs) may petition for spouses and unmarried children under the age of 21. These family members have primary preference. Unmarried adult sons and daughters of LPRs have secondary preference. 

In the above two cases, if your family member already resides in the U.S., he or she can apply for an adjustment of status which allows them to obtain a green card when a visa number becomes available. 

If your family member resides outside of the U.S., your family petition will be submitted to the National Visa Center. From there it will be sent to the U.S. consulate in your family member’s home country when a visa number is available. This is called “consular processing.” The consulate will notify your family member about how to proceed at that point. 

The preference category of your family member will determine the length of their wait for an immigrant visa number to become available. Average times for processing family petitions is six to 12 months. 

Step-by-Step Guide to Family-Based Immigration

The process for family-based immigration generally involves the following steps:

• Sponsorship: The U.S. citizen or green card holder files a petition (Form I-130) with the U.S. Citizenship and Immigration Services (USCIS) to establish the qualifying relationship between the sponsor and the intending immigrant.
• Visa Availability: The availability of visas will depend on the family relationship and the visa category. Immediate relatives of U.S. citizens, such as spouses, parents, and unmarried children under 21, generally have unlimited visa numbers and do not need to wait for a visa to become available. Other family members may be subject to numerical limitations and may need to wait for a visa to become available.
• Visa Application and Processing: Once a visa is available, the intending immigrant can apply for an immigrant visa at a U.S. consulate or embassy abroad. They will need to undergo a medical examination, attend an interview, and provide supporting documentation as required.
• Adjustment of Status (if already in the U.S.): If the intending immigrant is already in the U.S. and eligible, they may apply for adjustment of status (Form I-485) to obtain lawful permanent resident status without leaving the country.
• Consular Processing (if outside the U.S.): If the intending immigrant is outside the U.S., they will go through consular processing to obtain an immigrant visa and enter the U.S. as a lawful permanent resident.

Comprehensive Legal Support for Family Petitions

Navigating the family-based immigration process can be complex, time-consuming, and stressful. Our family petition lawyers are here to provide comprehensive legal assistance, including:

• Evaluation of Eligibility: We will assess your eligibility and determine the best strategy for your specific case, ensuring that all requirements are met.
• Preparation and Submission of Petitions: Our lawyers will gather all necessary documentation, properly prepare and submit the family petition on your behalf, ensuring accuracy and completeness to maximize approval chances.
• Communication and Representation: We will communicate and advocate with USCIS or consular officials on your behalf, addressing any issues or concerns that may arise during the process.
• Documentation and Evidence: Our lawyers will guide you in gathering the required supporting documents and evidence to establish the qualifying relationship and strengthen your case.
• Interview Preparation: We will provide guidance and support to help you prepare for any interviews or appointments throughout the process, ensuring you are well-prepared and confident.
• Stay Informed: Our team will keep you informed about the progress of your case, providing updates and answering any questions you may have along the way.

By entrusting your family-based immigration case to our experienced family petition lawyers at Heras Law Firm, you can focus on your loved ones while we navigate the legal complexities and work diligently to achieve a successful outcome.

Contact a Trusted Las Vegas Family Petition Lawyer Today

Although the family petition process sounds simple, it involves many details and is subject to many exceptions. At Heras Law Firm, we are well-versed in what is needed and how to prepare your petition to give you the best chance of success. Our team can ensure that your paperwork is not delayed or rejected due to mistakes or missing information. This is especially important in family preference categories which have a limited number of visas allowed each year. You will want to ensure that your petition and application is done right at the outset so as to avoid any potential problems.