Puerto Rico and Las Vegas Family Visas Lawyers

Any U.S. permanent resident or citizen looking to bring foreign family members to the United States must apply for the correct U.S. immigration family visa and sponsor the applicant(s).

The immigration pathways to the U.S. are more complex to navigate than ever before and dealing with the United States Citizenship and Immigration Services (USCIS) can be stressful.

The Law Offices of Ariadne Berrios, LLC can simplify the process for anyone looking to come to the U.S.  we’ll do it in Spanish. Immigration law is all we do — and securing family visas that reunite loved ones is a particularly rewarding aspect of our work.

Since 2009, thousands of families have relied on Ariadne Berrios to achieve the immigration results they seek.

Immigration law for families in the U.S.

Families of permanent residents or U.S. citizens can live and work legally here with a family visa. This is the first step on the path towards lawful permanent residency or a “green card” (I-485) or even becoming a naturalized U.S. citizen.

Family visas require sponsorship by a family member who is a lawful permanent resident of the U.S. or U.S. Citizen. However, eligibility requirements are stringent and even small mistakes on applications can derail the process, create unwanted delays or even result in denial of the visa.

Our expertise in U.S. immigration law can ensure a smooth, stress-free process.

General requirements for family visas

Family visas must be arranged by sponsorship from a relative who is already a U.S. citizen or a lawful permanent resident over the age of 21. Additionally, the sponsor must prove:

• The family relationship with the individual(s) they’re sponsoring.
• Adequate income to support the family member.

Family visa services in Las Vegas, Puerto Rico, and nationwide

Too main types of family visas are available in the U.S. based on the family relationship. The Law Offices of Ariadne Berrios, LLC can help you secure any of the following visas:

• Immediate relative visas for close family members (spouses, fiancés, unmarried minor children, and parents).
• Family preference visas for more distant relatives of U.S. citizens (e.g., siblings) and specific family members of U.S. permanent residents.

The definition of “immediate relative” changes for permanent residents and U.S. citizens. Lawful permanent residents can file petitions for family visas for spouses and unmarried children at any time. Naturalized U.S. citizens can file petitions on behalf of parents and siblings too — again at any time.

However, only a limited number of family preference visas are issued each year, so these types of visas are generally more challenging to secure.

Order of family preference for visas

The family preference laws establish four categories of visas in the following order of preference:

• First Preference: unmarried sons and daughters (aged 21 or older) of a U.S. citizen.
• Second Preference A: Any spouse or child (under 21 years of age) of a lawful permanent resident.
• Second Preference B: Any son or daughter (21 years of age or older) of a permanent resident who is unmarried.
• Third Preference: Any married son or daughter of a U.S. citizen (and their spouses and minor children).
• Fourth Preference: Any sibling of a U.S. citizen as long as the U.S. citizen is 21 years old or older.

Aunts, uncles, grandparents, in-laws or cousins cannot usually be sponsored by U.S. citizens or green card holders.

What is the Petition for Alien Relative?

Anyone hoping to secure a family visa for a relative to legally live and work in the U.S. needs to prove the nature of their relationship. The Petition for Alien Relative form (I-130) establishes a qualifying family relationship.

Because of the importance of this form, the sponsoring family member often seeks the help of an immigration lawyer. Approval of the petition is an important first step to apply for a green card but it does not automatically grant family visa status.

If you want to apply for a family visa for a distant relative, you may need to wait until a visa becomes available. Limited numbers of these vias mean that the annual allocation may already have been used up.

How to apply for a Green Card

If a family member is in the U.S. (either as an immediate relative or by family preference status) with valid family immigration visas, they are generally eligible to apply for a green card with the USCIS.

Applicants must complete and file Form I-485, Application to Register Permanent Residence or Adjust Status. By filing this form as an applicant within the U.S., you avoid the consular processing that those applying from outside the U.S. must go through.

Applicants can also apply for work authorization (EAD) while waiting for approval and there is no requirement to attend an interview at a consulate or embassy.

However, the process is rarely straightforward for those not accustomed to the process. Completing and filing a Green Card application with our legal assistance prevents unnecessary delays and disappointment.

Consular processing for family visas

Consular processing may be an option for family members seeking a Green Card from outside the U.S. — for instance, for an applicant who previously entered the U.S. unlawfully or, in some instances, if they overstayed a visa (if not barred from re-entry).

With this route, you must file your application at a U.S. embassy or consulate before entering the country as a lawful permanent resident. You will need to organize the following:

• I-130 Approval: once approved, the case is sent to the National Visa Center (NVC).
• Documents for NVC processing: all supporting documents must be filed and fees paid.
• 601A waiver: If a person entered the U.S. unlawfully and the person is inside the U.S. they will generally require a 601A waiver for their unlawful presence prior to departing the U.S. for visa interview at a U.S. Consulate abroad.
• Attendance at a U.S. Embassy or Consulate interview: in the respective country abroad.
• 601 waiver: If the applicant has any bars such as fraud, misrepresentation or unlawful presence a 601 waiver may be required once outside the U.S.

If approved, you will receive clearance to enter the U.S. as a green card holder. Sometimes, consular processing is faster and less expensive than Adjustment of Status applications but if the application is denied, the individual cannot lawfully enter the U.S. until the issue is resolved.

Get started with a family visa application

Reuniting your family in the United States is easier with the help of an immigration attorney seasoned in helping families to live and work in the U.S.

Our knowledge of U.S. immigration law, coupled with the compassion and leadership we show toward our clients helps us assist them. We can assist with family visa documentation, interview preparation, appeals, and more. The visa process can be lengthy so there’s no time to lose. Start with a consultation to discuss what’s possible.