Family-Based Green Card Attorneys in Garden Grove, California
At Garden Grove Immigration Lawyer, we understand how important family is, and we are dedicated to helping U.S. citizens and lawful permanent residents reunite with their loved ones through family-based green cards. Whether you are seeking to bring a spouse, child, parent, or sibling to the United States, our experienced attorneys provide personalized legal guidance to help you navigate the family-based green card process. We are here to ensure that your family’s immigration journey is as smooth and stress-free as possible.
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What is a Family-Based Green Card?
A family-based green card allows U.S. citizens and lawful permanent residents (green card holders) to sponsor certain family members to live and work in the United States as lawful permanent residents. The process begins with filing an I-130 Petition for Alien Relative, which establishes the qualifying family relationship. Once the petition is approved, the family member can apply for a green card through consular processing (if they are abroad) or adjustment of status (if they are already in the U.S.).
Family-based green cards fall into two main categories:
Immediate Relatives: This includes spouses, unmarried children under 21, and parents of U.S. citizens. Immediate relatives are not subject to annual visa limits, which typically results in faster processing.
Family Preference Categories: This includes married children and siblings of U.S. citizens, as well as spouses and unmarried children of lawful permanent residents. Family preference categories are subject to annual visa limits, which may result in longer wait times.
Who Can Apply for a Family-Based Green Card?
- U.S. Citizens can petition for their:
- Spouse
- Children (unmarried and under 21)
- Parents (if the U.S. citizen is over 21)
- Siblings (if the U.S. citizen is over 21)
- Lawful Permanent Residents (Green Card Holders) can petition for their:
- Spouse
- Unmarried children under 21
- Unmarried adult children
Each family member requires a separate petition, and processing times can vary depending on the family relationship and whether the relative falls under the “immediate relative” or “family preference” categories.
Key Steps in the Family-Based Green Card Process
File Form I-130 (Petition for Alien Relative)
The first step is for the U.S. citizen or lawful permanent resident to file Form I-130 with U.S. Citizenship and Immigration Services (USCIS). This form establishes the family relationship between the petitioner and the relative seeking a green card. Supporting documents such as birth certificates, marriage certificates, and proof of U.S. citizenship or lawful permanent residence must be submitted with the petition.Approval of the I-130 Petition
Once USCIS reviews the I-130 petition, they will either approve or deny it. For immediate relatives, the process generally moves faster because they are not subject to annual visa limits. For family preference categories, an approved petition places the relative in line for a visa, which may take longer due to visa backlogs.Consular Processing or Adjustment of Status
Once the I-130 petition is approved and a visa becomes available, the family member can apply for a green card. If they are outside the U.S., they will apply through consular processing at a U.S. embassy or consulate in their home country. If they are already in the U.S., they may be eligible for adjustment of status without having to leave the country.Green Card Interview
As part of the green card process, the family member may be required to attend an interview with a USCIS officer or consular official. The interview verifies the family relationship and reviews the application. We help prepare you and your family member for the interview to ensure a smooth process.Receive the Green Card
Once the green card application is approved, your family member will be granted lawful permanent resident status, allowing them to live and work in the United States.
Common Challenges in the Family-Based Green Card Process
Proving a Genuine Relationship: USCIS may closely scrutinize family-based green card applications, especially in cases involving spouses, to ensure that the relationship is genuine. We assist in gathering the necessary documentation, such as joint financial records, photos, and affidavits, to prove the legitimacy of the relationship.
Visa Backlogs: Family preference categories are subject to annual visa limits, which can lead to longer wait times for visas to become available. We will monitor your case and provide guidance to ensure all paperwork is ready when a visa becomes available.
Complicated Immigration Histories: If your family member has a complicated immigration history, such as visa overstays or previous deportations, it can complicate the green card process. Our experienced attorneys will assess these issues and develop a strategy to address them.
Our Approach to Family-Based Green Cards
1. Comprehensive Case Review
We begin by reviewing your case to ensure all eligibility requirements are met and that any potential challenges, such as visa availability or immigration history issues, are addressed.
2. Accurate and Timely Filing
Our attorneys will help you prepare and file Form I-130 and all required supporting documents, ensuring that everything is submitted accurately and on time to avoid unnecessary delays or denials.
3. Full Support Throughout the Process
From the initial petition to the green card interview, we provide comprehensive support for both you and your family member throughout the entire green card process.
Why Choose Garden Grove Immigration Lawyer?
At Garden Grove Immigration Lawyer, we are committed to helping families reunite in the United States. Our experienced attorneys provide personalized service and expert legal guidance to ensure that your family-based green card process is as efficient and stress-free as possible. Whether you are petitioning for a spouse, child, parent, or sibling, we are here to guide you every step of the way.
Frequently asked questions
What is a family-based green card?
A family-based green card allows U.S. citizens and lawful permanent residents to sponsor eligible family members to live and work in the U.S. as lawful permanent residents. It requires filing a petition and, once approved, your family member can apply for a green card.Who can apply for a family-based green card?
U.S. citizens can petition for their spouse, unmarried children under 21, married children, parents, and siblings. Lawful permanent residents can petition for their spouse, unmarried children under 21, and unmarried adult children.How long does the family-based green card process take?
Processing times vary depending on the family relationship. Immediate relatives, such as spouses and children of U.S. citizens, generally experience faster processing times. Family preference categories may take longer due to annual visa limits and backlogs.What documents are needed for a family-based green card petition?
You will need to submit proof of your U.S. citizenship or lawful permanent resident status, along with documents proving your family relationship, such as birth certificates, marriage certificates, or other relevant records.Can I petition for a family member who is already in the U.S.?
Yes, if your family member is already in the U.S. and meets the eligibility requirements, they may be able to apply for adjustment of status, allowing them to remain in the U.S. while their green card application is processed.What happens if my family-based green card petition is denied?
If your petition is denied, you will receive a notice explaining the reason for the denial. Depending on the issue, you may be able to file an appeal, submit a motion to reopen, or reapply with additional documentation.What is consular processing, and when is it necessary?
Consular processing is the process through which a family member applies for a green card at a U.S. embassy or consulate in their home country after the I-130 petition is approved. This is required if the family member is outside the U.S. when the petition is approved.How do I prove that my relationship with my family member is genuine?
You will need to provide supporting documentation, such as joint financial accounts, photographs, correspondence, and affidavits from family or friends that demonstrate the legitimacy of your relationship, especially in cases involving spouses.Do I need an attorney to file a family-based green card petition?
While it is not required, hiring an experienced immigration attorney can help ensure your petition is properly completed and supported by the necessary documentation, which can reduce the risk of delays or denials.