Fort Lauderdale Family Immigration Attorney

Providing Dedicated Legal Representation to Serve Clients Seeking Family Unification and Other Immigration Goals in Broward County, Florida

There are many different types of complex immigration cases in the United States of America, ranging from removal proceedings to employment and family-based immigration, naturalization applications, and non-immigrant visas, among others. Among the most common types of immigration matters are assisting family members in immigrating to the United States to become lawful permanent residents. There are several benefits to legal permanent resident status (more commonly known as being a green card holder). Still, the petition process can be challenging, as it involves several eligibility criteria and other requirements that must be met. Whatever your individual circumstances, those seeking lawful permanent residency for a foreign national family member should seek the professional guidance of an experienced immigration attorney for assistance.

Our Fort Lauderdale office provides a range of immigration services to assist clients and help them achieve their immigration goals, pursuing their version of the American dream. Led by an experienced attorney and a highly skilled legal team, our law officers are well-versed in the related practice areas to represent clients throughout the entire process. In certain circumstances, such as when petitions are denied, we can also explore legal options to appeal decisions and assist clients facing unique challenges.

To learn more about the benefits of retaining our Fort Lauderdale immigration services, please contact our law firm to schedule a free consultation with our experienced staff today. In addition to serving Fort Lauderdale, we also serve clients in surrounding areas, including Miami-Dade, Coral Springs, West Palm Beach, and all of Broward County.

What Are Some of the Benefits for Foreign Nationals Hoping to Become Green Card Holders Through Family Immigration?

Those hoping to help family members legally enter the United States and become permanent residents, also known as green card holders, have several options available to them. Before discussing some of the immigration options for family-based petitions, it may be beneficial to outline some of the advantages of becoming a green card holder in the United States of America.

Once a foreign national becomes a lawful permanent resident in the United States, their immigration status permits them to reside permanently anywhere within the nation. The ability to pursue residential freedom will give immigrants the chance to forge a community, establish roots, and pursue their American dream. Additionally, green card holders are permitted to work without any visa restrictions, allowing them to choose any potential career path.

Additionally, green card status allows individuals to pursue an education and access potential benefits within the country, as well as affords them certain legal protections. Legal permanent residents are also permitted to invest in their futures and own real estate property.

Depending on certain circumstances, a green card holder may be eligible to petition for other foreign nationals to enter the U.S. and be legally admitted through the immigration process.

After a specific length of time, those with lawful permanent residency can also follow the pathway to citizenship through the naturalization process.

Who Can U.S. Citizens Sponsor for Family-Based Immigration?

There are various options available for United States citizens and green card holders seeking to immigrate to the United States. Essentially, the family members that a citizen can help through family-based immigration may differ from the relatives who can immigrate with permanent residence.

The eligibility of unlimited family-based immigration for United States citizens includes the following:

A foreign spouse
Widows
Parents
Children under the age of 21
Orphans adopted from foreign countries

Other family members, such as siblings, unmarried children over the age of 21, and married sons and daughters, may also be eligible for family-based immigration involving relationships to United States citizens; however, they are not given the same preferences as immediate relatives.

Which Family Members Can Legal Permanent Residents Sponsor for Green Cards?

Green card holders have more limited possibilities for helping foreign nationals legally immigrate to the United States through family-based immigration. However, do not let that deter you from learning some of your legal options in immigration and nationality law. Contact our law firm to speak with a Fort Lauderdale immigration attorney to learn more about your options.

Some of the immigration options for family members of green card holders include the following:

FB-2A second preference category immigration for spouses and unmarried children of green card holders
FB-2B immigration for the adult children of legal permanent residents
V visas, for the spouses and children of green card holders, provided the visa application was submitted before December 21st, 2000, and is still pending

To learn more, contact a skilled lawyer experienced in these and other family-based immigration matters.

What Are the Different Options for Foreign Nationals Interested in Family-Based Immigration?

Among the many different potential methods for family immigration are the following:

Immigrant Visas for Immediate Family Members

The immediate relatives of United States citizens are given the highest level of preference and immediate availability to hopeful applicants. What that means is that those who meet the eligibility criteria of this classification do not need to wait, as these types of visas are unlimited.

Under United States immigration laws, immediate family members include spouses, unmarried children under the age of 21, parents of citizens over 21, and, provided the petition is filed promptly, widows or widowers of United States citizens.

Visas Based on Family Preference Categories

Family preference categories, including second, third, fourth, and fifth preference categories, have waiting lists due to visa availability. Depending on the circumstances, the weight for these types of visas can be extensive.

The second preference category is reserved for unmarried adult children over the age of 21 related to United States citizens. The third preference category is for the spouses of green card holders, as well as minor children of lawful permanent residents. Fourth preference is reserved for the married children of United States citizens. The fifth preference category is for the brothers and sisters of adult U.S. citizens.

Visa priority dates are determined based on the application date and the waiting period for availability, which is dependent on current demand and supply. Another factor that can potentially determine wait periods includes the country of origin for the foreign applicant.

Fiancé Visas

The K-1 fiancée visa enables U.S. citizens to marry someone from another country. This is a great legal option for citizens and their foreign-born fiancées who wish to start a life together in the United States of America. Provided that the foreign fiancé meets the eligibility requirements, they will be legally admitted into the country, where they are given 90 days to get married. After the marriage is official, the foreign-born spouse can apply for a green card, granting them lawful permanent residency. If the foreign spouse has children, it may be possible to include the children in the legal process.

K-3 Visas

The K-3 visa is reserved for spouses of U.S. citizens who petition to become permanent residents but have not yet been officially approved and forwarded to the proper consulate within their home country. To learn more about K-3 visas, we recommend consulting with an experienced immigration attorney at our law firm.

International Adoption

Adopting a foreign national child, also referred to as intercountry adoption, can be an extremely complicated legal process. Depending on individual circumstances, it may be possible to adopt a foreign orphan through family-based immigration. To learn more, please contact our Fort Lauderdale law office.

VAWA

The Violence Against Women Act (VAWA) allows non-citizens to self-petition for a green card status via the family immigration process. To qualify for VAWA, the immigrant must either be the spouse or child of a United States citizen or green card holder who has been abusive to the foreign national. There are strict eligibility criteria for VAWA applications, including that the abuse must have occurred within the United States, you must be a person of good moral character, and you must have suffered domestic violence or been subjected to extreme cruelty by the spouse or lawful permanent resident. Additionally, though the Act expressly mentions women, both men and women are eligible to apply for VAWA protections.

What is the Legal Process of Applying for Family Immigration in Fort Lauderdale, FL?

There are many steps and procedures involved in the process of applying for a green card for a foreign family member. Many of these steps and requirements can be complicated, so it is highly recommended that you retain the professional legal guidance of an experienced attorney.

Typically, the process begins when the petitioner or sponsor submits the necessary forms to the United States Citizenship and Immigration Services (USCIS). A citizen or legal permanent resident typically initiates this step, but under certain circumstances, it allows foreign nationals to self-petition, such as in VAWA cases.

After the application has been approved, the foreign family member must wait until the appropriate visa becomes available. Immediate relatives of United States citizens do not have to wait because availability is immediate. When the appropriate visa is available, the foreign beneficiary can apply through consular processing abroad or adjust status if they are residing in the United States at the time of their application.

The next step involves the foreign beneficiary attending an interview at a U.S. embassy, consulate, or with the USCIS. During this stage, the applicant may also be required to pass an English and civics test, as well as provide various forms of documentation needed. If the adjustment of status or visa application is approved, the foreign national will receive a visa or be granted legal permanent residence.

How to Remove Conditions of Lawful Permanent Residence?

Individuals seeking to adjust their status and become a lawful permanent resident are typically issued a conditional green card, which is valid for two years. Once those two years have passed, the conditional green card holder must file a petition to remove conditions of their immigration status. If successful in this attempt, they will be issued a green card that eliminates the conditions of their immigration status, and the card will be valid for a full decade.

There are many pieces of required documentation necessary to remove conditions, as USCIS officers are instructed to be skeptical of family relations, especially if the relationship is based on marriage.

Examples of documents that may be useful to establish a legitimate marriage can include the following:

Photographs of the spouses together
Birth certificates of any children resulting from the marriage
Testimonies and affidavits from individuals familiar with the marital relationship
Joint bank records, property records, and tax return filings
Life insurance policies
Court documents showing a legal name change for foreign spouses
Utility bills in both spouses’ names
Receipts of joint purchases

Do You Need the Services of a Fort Lauderdale Immigration Lawyer for Your Case?

When going through family-based immigration, it is highly recommended, if not essential, to retain the professional legal support of an experienced lawyer who is well-versed in these practice areas. The family-based green card process can be incredibly complex, especially in circumstances where government officials may have suspicions of fraud. With so much on the line, including but not limited to the importance of uniting family members across borders, you do not want to risk your chances of success simply because you wish to avoid attorney legal fees.

Our legal team is knowledgeable and experienced in the family-based immigration process, making us uniquely qualified to represent your needs and help you pursue a favorable outcome in your case. We are familiar with the common mistakes and challenges that immigrants and their families face during the legal immigration process, and we can help you avoid these difficulties with proper preparation.

We believe in providing compassionate and communicative legal services to clients, as well as remaining consistently available to answer their questions and address their concerns relevant to their immigration needs. To learn more about the benefits of retaining our Fort Lauderdale immigration lawyer for your case, please contact our southern Florida law office to request a free, no-obligation case evaluation.

Contact Our Fort Lauderdale Immigration Law Firm to Schedule Your Free Initial Consultation with an Experienced Immigration Lawyer Today

At our Fort Lauderdale law firm, we understand the extreme importance of a favorable outcome in your immigration case. After all, this is no mere legal matter for you; this is about uniting your family members with you and other loved ones within our country. With such important matters at stake, we strongly recommend that you refrain from self-representation or petitioning without the assistance of professional legal representation. Our firm stands ready to represent your immigration needs and assist you throughout the complex process of family immigration.

To learn more about the numerous benefits of retaining our immigration services for your case, please contact our Fort Lauderdale office to schedule a free consultation today.