Family-Based Services
Reunite with Your Loved Ones Legally and Confidently
- 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)
- 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
Reunite with Your Loved Ones Legally and Confidently
Family is the cornerstone of life, and U.S. immigration law recognizes this by offering specific legal pathways for citizens and lawful permanent residents (green card holders) to sponsor their loved ones. At Herman Legal Group, we are dedicated to helping you bring your family together in the United States through professional legal support, personalized strategies, and over 30 years of trusted immigration law experience.
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.
Understanding Family Based Immigration
Family-based immigration allows U.S. citizens and green card holders to petition for certain family members to immigrate to the United States. The process involves petitioning for your relative, proving the relationship, meeting income requirements, and either adjusting their status in the U.S. or helping them go through consular processing from abroad.
The legal path depends on your status (citizen or green card holder), the type of relationship, and your family member’s location. Our attorneys assess every detail to ensure the best route with minimal delays or risks.
Immediate Relatives vs. Family Preference Categories
Immediate relatives of U.S. citizens – spouses, minor children, and parents – do not have to wait for a visa number; they can proceed as soon as the petition is approved.
Family preference categories, on the other hand, are subject to annual numerical limits. This can lead to long wait times, especially for categories like siblings of U.S. citizens or adult children of green card holders. We help clients navigate this system, track priority dates, and avoid unnecessary delays.
How We Help?
- Initial Consultation – We determine your eligibility and the right category.
- Petition Filing (Form I-130) – We prepare and file a complete and accurate family petition.
- Adjustment of Status or Consular Processing – We decide the correct strategy based on whether your family member is inside or outside the U.S.
- Affidavit of Support (Form I-864) – We ensure your income meets government requirements.
- Waivers if Needed – If your relative has immigration violations or other inadmissibility’s, we help apply for I-601, I-601A, or I-212 waivers.
- Interview Preparation and Representation – We guide and prepare you for USCIS or embassy interviews.
Who Can You Sponsor?
U.S. citizens and permanent residents are eligible to sponsor different categories of relatives. Here’s how it works
For U.S. Citizens:
- Spouse
- Children (unmarried and under 21)
- Married or adult children
- Parents (if the U.S. citizen is 21 or older)
- Siblings (if the U.S. citizen is 21 or older)
For Green Card Holders:
- Spouse
- Unmarried children under 21
- Married or adult children
- Unmarried adult children
Bringing Children, Parents, and Siblings
Our firm handles:
- CR2/IR2 visas for children under 21
- IR5 visas for parents
- F4 visas for siblings (with longer wait times)
- Stepchild immigration (must marry biological parent before child turns 18)
- Adoption-based immigration
Financial Sponsorship Requirements
As a sponsor, you must prove your income is at or above 125% of the federal poverty guideline. If you fall short, we help add a joint sponsor. We also ensure the Form I-864 Affidavit of Support is filed correctly to avoid RFE delays.
Priority Dates and Visa Bulletin Monitoring
In preference categories, your “priority date” determines your place in line. We continuously monitor the Visa Bulletin file as soon as your date becomes current, and explore strategies like cross-chargeability to speed things up.
I-130 Marriage-Based 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.
Whether you’re a U.S. citizen or lawful permanent resident, filing a marriage-based green card petition (Form I-130) for your spouse is a powerful way to bring your partner to the U.S. or legalize their stay. We guide couples through both available processes:
- Adjustment of Status (I-485): For spouses already in the U.S., this allows them to apply for a green card without leaving the country.
- Consular Processing: For spouses abroad, once the I-130 is approved, we manage the NVC and consular stages, including interview preparation and affidavit of support filing.
Our team ensures all documents, from marriage certificates to joint financial records, are meticulously reviewed to reduce the risk of denials or delays.
I-130 for Parents, Siblings, and Children
U.S. citizens can file I-130 petitions for their parents, siblings, and both minor and adult children. Green card holders can file for their unmarried children
- For Parents: You must be 21 years or older.
- For Siblings: These fall under the F4 family preference category and may have significant wait times.
- For Children: Age and marital status will determine the correct category and waiting period.
We help organize necessary birth records, proof of relationships, and monitor visa bulletin movement to time each phase accurately.
Fiancé(e) Visas (K-1 Visa)
If you’re a U.S. citizen engaged to a foreign national, the K-1 visa allows your fiancé(e) to come to the United States so you can get married within 90 days of arrival.
After marriage, your spouse can apply for a green card through adjustment of status. We assist in filing Form I-129F, preparing evidence of a bona fide relationship, and ensuring you meet all requirements such as having met in person within the past two years.
I-751 Removal of Conditions on Marriage-Based Green Card
If your spouse received a 2-year conditional green card, you must file Form I-751 to remove conditions and obtain a 10-year green card.
We help prepare strong joint petitions or assist in filing for a waiver if:
- The marriage ended in divorce or annulment
- You experienced abuse or extreme hardship
A detailed and well-documented I-751 package is crucial to prevent RFEs or denials.
Complex Marriage Green Card Cases
Some marriage-based cases involve serious complications such as:
- Allegations of Marriage Fraud
- Requests for Evidence (RFEs)
- Notices of Intent to Deny (NOID)
- Denials or Appeals
We defend your rights, respond to USCIS challenges with strong legal arguments, and provide waivers when necessary:
- I-601 Waiver: For general inadmissibility, including misrepresentation
- I-212 Waiver: For re-entry after removal or deportation Our attorneys build a compelling case using affidavits, expert reports, and solid legal reasoning to secure approvals even in the toughest cases.
Adjustment of Status vs. Consular Processing
Adjustment of Status is for those already lawfully present in the U.S. Your family member can file Form I-485 after the I-130 is approved. This route avoids traveling abroad and is typically smoother if eligibility is met.
Consular Processing is for family members abroad. After USCIS approves the I-130, the case goes to the National Visa Center and then to the U.S. embassy or consulate in the home country. We help manage timelines and document flow to avoid delays or refusals
Provisional Waivers and Inadmissibility Relief
Many immigrants face challenges like unlawful presence, misrepresentation, or prior removals. We offer extensive support for:
- Form I-601A Provisional Waiver (for unlawful presence)
- Form I-601 (for general inadmissibility)
- Form I-212 (for re-entry after removal)
These waivers require legal arguments and documentation to show extreme hardship to the U.S. relative. We work with therapists, evaluators, and community leaders to build winning cases.
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.
Book Your Consultation
Contact us
Head Office OH
408 West Saint Clair Avenue, Suite 230 Cleveland, OH 44113
Phone Number
+1-216-696-6170
Email Address
richardtmherman@gmail.com
FAQS
Help & Support FAQs
Help for Family-Based Immigration address the key questions families have when sponsoring loved ones for U.S. residency. They cover eligibility for spouses, children, parents, and siblings, as well as processing times, petition requirements, and green card pathways.
What is the difference between a U.S. citizen and a green card holder when sponsoring a family?
U.S. citizens can sponsor a wider range of relatives, including parents and siblings, while green card holders are limited to spouses and unmarried children.
How long does the I-130 process take?
Processing times vary depending on the family relationship and whether the petitioner is a citizen or green card holder. It can range from several months to several years.
Can I sponsor my fiancé(e) if we haven’t met in person?
Generally no. For a K-1 visa, you must have met your fiancé(e) in person within the past two years, unless exceptional hardship applies.
What if my spouse or family member is undocumented?
They may still qualify for relief through waivers or other legal pathways. We analyze each case carefully for options.
