Family Based Immigration in Fort Lauderdale

Board Certified Immigration Attorney: Call (954) 466-0323.

At Guerra Sáenz, PL, we understand the value of family, and we know how important it may be for you to be able to bring your loved ones to live with you here in your new home in the United States. Unfortunately, the process of applying for an immigration visa can be challenging to say the least, and if you are not properly prepared to address the issues which may arise, you could be met with the frustration of a delayed or denied application. Avoid taking chances with the outcome of this situation. Give yourself the best possible chances of success by hiring our law firm at the beginning of the process.

Attorney Guerra is Board Certified in Immigration and Nationality Law who himself immigrated to the U.S. when he was 15; as an immigration law expert by experience and by training, you can trust in him with your immigration case, no matter how complex it may be. At Guerra Sáenz, PL, we offer the passionate, knowledgeable support you need for every step of your immigration process.

Adjustment of Status & Consular Processing

There are two primary routes for family-based immigration: Adjustment of Status and Consular Processing, and depending on which one you are eligible to use, you will either be able to carry out the process while remaining in the United States or from your home country.

Adjustment of Status applies to individuals who are already present in the United States on a visa and/or who are eligible for a green card. This includes people who are being sponsored by a family member who filed a Form I-130 "Petition for Alien Relative" or who have claimed refugee status. Adjustment of Status is generally faster than Consular Processing, usually completed in a matter of months as compared to years. Another benefit for Adjustment of Status applicants is that it makes it possible for the applicants to secure a work permit while waiting for approval of the case.

Consular Processing, on the other hand, is for those whose I-130 petitions have already been approved while living abroad, and it can be completed at the local U.S. Department of State consulate. In either scenario, the beneficiary of the visa petition will be able to obtain permanent resident status. We have extensive experience with both of these types of cases, and we will assist you with the entire process.

Family Based Immigration Preference Categories

Family-based immigration is possible through either of two separate means: Immediate Relative Immigrant Visas and Family Preference Immigrant Visas. Immediate Immigrant Visas are available for some relatives of a U.S. citizen, such as a spouse, an unmarried child under 21 years old, orphans adopted abroad, and parents of citizens older than 21 years old, and there is no limit to the number of people who can immigrate in this category.

K-1 (Fiancée) and K-3 (Spousal) Visas

Immigration laws allow certain visas for foreign citizens to be in the U.S. temporarily and lawfully while working toward obtaining permanent resident status (green cards). These visas make it possible for alien spouses and fiancées to enter the U.S. while awaiting adjudication on a Form I-130 Petition for Alien Relative. A K-1 visa requires that the alien marry his/her U.S. citizen petitioner within 90 days of entry into the U.S. The application process for change of status to permanent resident occurs following the marriage. A K-3 visa allows a foreign citizen spouse and his/her minor children admission into the U.S., but eligibility for the visa depends on being married to a U.S. citizen.

Guidance on Removing Conditions of Residency

To change residency status when married less than two years, one would file a Form I-751, Petition to Remove Conditions of Residence. The petitioner must prove that he/she did not marry with the intention of evading immigration laws. There may be a situation where the marriage occurred but it did not work out, yet the foreign citizen desires to remain in the United States. Our Fort Lauderdale immigration lawyers can help you determine if you meet the eligibility criteria for this possible change in immigration status.