FAMILY-BASED IMMIGRATION SERVICES IN MIAMI

 

There are several ways that people can help their family members immigrate to the United States. These family visas differ based on the legal status of the sponsoring family member and the type of family-based immigration you are pursuing.

 

Before seeking a family visa, it helps to know the different types of family visas that are available. The Miami based immigration lawyers at The Law Office of George K. Gomez can breakdown the pros and cons of each family visa, allowing you to take the best approach for a successful family visa petition.

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FAMILY VISA CATEGORIES

 

1) Immediate Relative Visa Petitions

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Immediate Relative visas are a type of family visa that are based on a close family relationship with a U.S. citizen. These include spouses, children under the age of 21, and parents. A benefit of immediate relative visa petitions is that the number of immigrants in these categories is not limited each fiscal year meaning there is no wait for a visa to become available.

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2) Family Preference Visa Petitions

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Family Preference visas are a type of family visa that are based on specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (green card holder). Unlike immediate relative visas, the number of immigrants in these categories is limited each fiscal year. This means that applicants must wait for an immigrant visa to become available before they can file for a green card.

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Family Preference Visas are broken down into multiple categories, each with their own respective priority dates:

 

• F1 - Unmarried, adult sons and daughters (age 21 or over) of U.S. citizens

• F2A - Spouses and unmarried children (under age 21) of permanent residents

• F2B - Unmarried adult sons and daughters of permanent residents

• F3 - Married sons and daughters (any age) of U.S. citizens

• F4 - Brothers and sisters of adult U.S. citizens

 

3) K-1 Fiancé/Fiancée Visa Petitions

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A fiancé(e) visa, also known as a K-1 visa, is a type of family visa that allows a U.S. citizen to bring their non-citizen fiancé(e) to the United States so that they may get married. Once the couple is married, the new spouse can apply for a marriage-based green card from within the United States. K-1 visas can be an ideal option given that the process is generally faster than obtaining a marriage-based green card via consular processing, even with the delays currently experienced by USCIS. Read more about K-1 visas here.

 

4) K-3 Spousal Visa Petitions

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A spousal visa, also known as a K-3 visa, is a type of family visa that allows a U.S. citizen’s foreign-born spouse (or child of a foreign spouse under a K-4 visa) to travel to the United States and reside there while they wait for their underlying immigrant visa petition to be approved. K-3 and K-4 visas are valid for a two-year period. They can be extended using Form I-539, but the Applicant must show that they have a pending I-130, I-485, or other pending immigrant visa application. Read more about K-3 visas here. 

 

5) Other Derivative Visa Petitions

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There are also nonfamily visas that nonetheless allow individuals to bring their family to the United States. As an example, H-4 visas allow dependent family members of H-1B, H-1B1, H-2A, H-2B, and H-3 visa holders to travel to the United States to accompany or reunite with the principal visa holder. This could be an alternative manner of allowing your family to remain in the United States for the duration of the principal visa holder’s visa.

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Family visas involve understanding complex eligibility requirements, keeping up to date with all relevant updates and changes in immigration law, filling out lengthy forms and providing all necessary documentation. I am a family immigration lawyer who has assisted many clients with immigration issues. I know how important it is for families to be together.

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 A Miami Based Family Immigration Lawyer With the Experience You Need. Contact The Law Office of George Gomez Today!

 

Strong legal representation by a family immigration lawyer can make the difference between success and failure. Call (305) 539-0991 or fill out the online contact form to schedule a free consultation with attorney George K. Gomez. We are located in Miami Lakes, Florida and are available for consultations by phone, by zoom, or in person.