Immigration Lawyers - Nick Davis Law

Immediate relatives include spouses, unmarried children under 21, and parents of U.S. citizens. One key advantage is that these family members are not subject to visa caps, meaning there are no annual limits on the number of visas available to them. This allows for faster processing times compared to family preference categories.

Immediate relatives, such as spouses, minor children, and parents of U.S. citizens, have priority and are not subject to numerical visa limits. In contrast, family preference categories, which include adult children, married children, and siblings of U.S. citizens, as well as certain relatives of lawful permanent residents, are subject to annual visa caps. This can lead to significant wait times, especially in backlogged categories.

The timeline for a family-based green card depends on the relationship between the sponsor and the beneficiary. Immediate relatives typically have a shorter wait time due to visa availability. For family preference categories, the wait can range from several months to several years, depending on the specific category and country of origin.

Form I-130, the Petition for Alien Relative, is the first step in the family-based immigration process. It establishes the legal relationship between the sponsor (the U.S. citizen or lawful permanent resident) and the foreign national relative. Filing this form correctly is crucial, as errors can lead to delays or denials.

Once Form I-130 is filed, U.S. Citizenship and Immigration Services (USCIS) reviews the petition. If approved, the case moves to the National Visa Center (NVC) for further processing, or the relative may apply for Adjustment of Status if they are in the U.S. The next steps depend on the visa availability and whether the applicant is an immediate relative or in a family preference category.

If your family member is in the U.S. and qualifies, they may apply for a green card through Adjustment of Status (AOS) without having to leave the country. This option is typically available for immediate relatives of U.S. citizens and some preference category applicants if a visa is available. Working with an immigration lawyer ensures that your relative is eligible for AOS and avoids the risks of applying incorrectly.

Consular processing occurs when the sponsored family member is outside the U.S. In this case, once the I-130 petition is approved and a visa is available, the applicant must complete the process at a U.S. embassy or consulate in their home country. Consular processing requires careful preparation, as any mistakes or missing documents can result in delays or denial of the visa.

Common documents include proof of the sponsor’s U.S. citizenship or lawful permanent resident status (such as a birth certificate or green card), proof of the family relationship (marriage or birth certificates), and financial documents to demonstrate the sponsor’s ability to support the applicant through an Affidavit of Support (Form I-864). Incomplete or inaccurate documentation can lead to denials, so it’s crucial to ensure all paperwork is correct.

The Affidavit of Support (Form I-864) is a legal document in which the sponsor agrees to financially support the immigrant relative if needed. It’s required to prove that the applicant will not become a public charge. The sponsor must meet certain income requirements to be eligible, and if they do not, a joint sponsor may be needed.

Denials can occur for several reasons, including incomplete or inaccurate applications, lack of sufficient supporting documents, inadmissibility issues (such as past immigration violations or criminal history), or failure to meet financial requirements for sponsorship. Working with a dedicated immigration lawyer can help prevent these common pitfalls and increase the chances of approval.

Yes, prior immigration violations, such as unlawful presence in the U.S. or previous deportations, can make a person inadmissible for a green card. However, certain waivers may be available to overcome these barriers. Nick Davis Law carefully evaluates each case to determine the best strategy for obtaining a waiver and guiding families through the process.

The Visa Bulletin, issued monthly by the U.S. Department of State, indicates when visas are available for family preference categories. It shows the priority dates for different countries and categories, which determine when your family member can proceed with their green card application. Monitoring this bulletin and understanding its impact on your case is essential for timely processing.

If your petition is delayed, it could be due to incomplete forms, missing documents, or USCIS backlogs. If denied, it may be due to an error in the application, insufficient proof of relationship, or inadmissibility issues. In both cases, it is critical to act quickly—whether that means providing additional evidence, filing an appeal, or pursuing a waiver. Our team is experienced in overcoming these challenges to keep your case on track.

At Nick Davis Law, we provide personalized legal guidance through every stage of the family-based green card process. From ensuring the correct filing of the I-130 petition to preparing for interviews and handling any complications, our trusted team works diligently to reunite families. We stay ahead of potential issues, including visa backlogs and inadmissibility problems, to give your loved ones the best chance at a successful outcome.