Family-Based Immigration
Family-Based Services
- Adjustment of Status with USCIS Through Family Relationship
- I-130 Petition for Family Members (Spouses, Parents, Children, Siblings)
- Obtaining a K1 Fiancé(e) Visa for Immigration to the United States
- The I-751 Joint Petition to Remove 2-Year Conditional Resident Status on Your Marriage Green Card
- Removing the Conditions on Your Permanent Resident Status: The I-751 Waiver of the Joint Filing Requirement
- EOIR-29 Appeal of Denied I-130
- Re-Filing I-751 After Denial: Defending Your Application in Immigration Court
- National Visa Center (NVC) & Embassy Processing for Family-Based Immigration
- Filing Form I-601, Application for Waiver of Grounds of Inadmissibility
- The I-601A Provisional Waiver of Unlawful Presence
- Why You Probably Need an Immigration Lawyer to Secure an INA I-212 Waiver
- Responding to Requests for Evidence (RFE) (in I-130 and I-751 cases)
- Responding to Notice of Intent to Deny (NOID) (in I-130 and I-751 cases)
- The K-3 Spouse Visa
- Adjustment of Status with Immigration Court based on I-130 approval
- Form I-864, Affidavit of Support Under Section 213A
- Re-filing the I-130/I-485 after denial
Family Immigration Lawyers
Experts in Helping People Migrate to the U.S.
Immigrating to the United States is an exciting but complicated process. Helping a loved one immigrate to the U.S. can often be overwhelming. Whether you are trying to obtain a family green card or a fiancé visa, identifying and managing the proper immigration documentation and procedures is very complex.
Richard Herman and the dedicated immigration attorneys at Herman Legal Group have protected thousands of families facing U.S. immigration authorities in Cleveland, Columbus, Detroit and beyond. It is important that you consult with a green card attorney/visa attorney at the beginning of the immigration process to prevent any unnecessary complications that might cause delays in being reuniting with your loved ones.
Immediate Family Member Immigration
If you are planning to help an immediate relative immigrate to the United States, the first step is often to file a Form I-130, Petition for Alien Relative. By filing this I-130 form, you will be naming yourself as the sponsor for your loved one. During this family petition process you will be required to prove that you have enough income and assets to support your family member. In some cases, the I-130 form can also be filed with an application for permanent residence (Form I-485, Application to Register Permanent Residence or Adjust Status).
If you are already a U.S. citizen, you can file a visa request for your immediate family members. Immediate relative visas are available for spouses, unmarried children younger than 21 years of age, adopted orphans, and even parents of a U.S. citizen who is over the age of 21 years old.
If you are not a U.S. citizen but are a lawful permanent resident of the United States, you may petition for your husband, wife, or children.
Marriage Green Cards
If you are engaged or recently married, congratulations! This is an exciting time in the lives of any new couple. But if your new spouse is not a United States citizen, you may have some concerns about what will happen legally once you return from your honeymoon.
Many couples in your situation are eager to get a green card (also known as lawful permanent resident status) for the new non-citizen spouse, which can lead to benefits such as the right to work in the country.
The Legal Process
To obtain a green card, the couple will begin by filing the official forms (often the I-130 form and I-485 form) along with providing photographs and documentation. They must then pay the required fees to various government agencies, report for fingerprinting and biometrics, and submit to questioning at an interview with an immigration agent before being approved. A few details may vary based on your location, but in our experience with thousands of cases in the Cleveland, Columbus and Detroit areas, the total process is usually completed in a few months. Importantly, if you have been married for less than two years, the green card will be granted conditionally and you must take additional steps at a specific time in the future to remove these conditions, or else your spouse can be at risk of removal or deportation.
Potential Complications
For a simple “textbook” marriage green card case, the newlyweds may be comfortable completing these steps on their own. Others feel overwhelmed or intimidated navigating a bureaucratic immigration process where mistakes can have serious legal consequences. This is especially true if your situation is not “textbook.” For example, issues that our clients often face that can make the process more complicated or risky include:
- Other immigration issues are pending or were
previously decided - One spouse is currently outside the United States,
or you marry outside the country - Someone does not speak fluent English
- Your application was denied
- The previous visa held by the non-citizen spouse has expired or will expire soon
- The non-citizen spouse is undocumented
- One or both of the spouses have children
- One or both of the spouses were previously married
Experience Equal Success
The good news is that the United States government and court system have a stated legal policy of promoting marriage and family unity. We are committed to protecting these rights for our clients, whether citizens or immigrants. Only an experienced immigration attorney can recognize potential pitfalls in each case and provide a strategy that will maximize the likelihood of a successful outcome and minimize stress and delays for the family. Read what our clients have to say about how we helped them get their marriage green card.
Common Types of U.S. Green Cards And U.S. Visas
- F1 Green Card – Must be a child of U.S. citizen, at least 21 years in age, unmarried.
- F2 Green Card – Must be a spouse or child of a U.S. permanent resident.
- F3 Green Card – Must be a child of a U.S. citizen, married.
- F4 Green Card – Must be a brother or sister of a U.S. citizen.
- K1 Visa – Allows fiancé to stay in the United States for 90 days to marry a U.S. citizen while applying for their green card (permanent residency).
- K2 Visa – Allows children (under the age of 21, unmarried) of K1 fiancé visa holders to stay in the United States while they apply for a green card.
- K3 Visa – Allows a U.S. citizen to sponsor their spouse in the U.S. while they are applying for their green card.
- K4 Visa – Allows children (under the age of 21, unmarried) of K3 visa holder to stay in the United States while they apply for a green card.
- Other Visas – There are many other types of special visas designed to help immigrants enter the United States. We are experienced in helping our clients with J-1 visas, J-2 visas, L-1 visas, L-2 visas, E-2 visas, H-1B visas, and H-4 visas, and can assist with all of your immigration needs.
Expert Legal Help At Herman Legal Group, LLC
24/7 Support, Just A Call Away!