Family-based immigration is one of the most common ways to obtain legal US residency or citizenship. However, as with other US immigration procedures, it’s a complex process with strict requirements determined by ever-changing laws.
While the application process might seem somewhat straightforward, it involves meeting deadlines, handling extensive paperwork, and navigating legal nuances. Many people, thinking they’ll save additional costs, attempt to navigate it without legal help. However, that can result in mistakes that lead to delays, denial, and even the risk of deportation.
That’s why, if you’re based in New York, searching for an experienced family immigration lawyer from New York is a smart decision. These professionals know the system inside and out, can catch potential issues before they become problems and will do everything possible to help you successfully reunite with your family in the United States.
Here’s what you need to know about why working with a legal expert is the best decision for smooth immigration for yourself and your loved ones.
What Is a Family-Based Immigration?
According to the US immigration law, family-related noncitizens to US citizens and US permanent residents are eligible to get a Green Card and become permanent residents. A “Sponsor” can start this procedure by submitting an immigration petition to the United States Citizenship and Immigration Services (USCIS) on behalf of a family member, also referred to as a “Beneficiary.”
The sponsor must be a citizen or lawful permanent resident of the United States. However, different legal requirements will apply depending on their citizenship status in the United States.
- US citizens can petition for their spouse, parent (if the son/daughter is over 21 years old), son or daughter over 21 years of age, brother or sister, or spouse’s child under the age of 21 (provided that the marriage started before the child has turned 18).
- Permanent residents of the US can petition only for their spouse, unmarried children, and spouse’s unmarried children under the age of 21.
Family-based Immigrant Visa Types
In the US, there are two categories of family-based immigrant visas:
- Immediate relative visa. Visas for immediate family members of a US citizen, such as a spouse, child under 21, or parent, are known as immediate relative visas. For this kind of visa, there is no annual cap.
- Family preference visa. Visas for a US citizen’s more distant relatives and those with specific links to a lawful permanent resident are known as family preference visas. The maximum number of visas authorized in this category in a fiscal year is limited. Family preference visas come in different categories for various family members and relatives, ranging from first to fourth preference. How long you must wait before an immigrant visa becomes available will depend on your chosen category.
Common Mistakes in Family Immigration Cases
The most common mistakes of applicants often lead to unneeded delays and rejected papers. They can make the already complex legal process even more burdensome.
Lack of Understanding of the Requirements
Ignoring the rules is one of the most frequent errors when applying for family-based immigration. For example, confirming you’re qualified to petition for your loved one and finding out if your family member is regarded as an immediate relative is critical.
Only spouses and unmarried children of permanent residents (green card holders) are eligible to petition. Your application is likely to be rejected if you are a permanent resident wishing to petition on behalf of your parents or siblings.
Failure to Provide All Necessary Documents
In addition to completing all necessary papers, petitioners must submit a long list of documents to the USCIS.
A denied application or a delay in processing could arise from merely completing the form and sending it to the USCIS without all necessary supporting documentation, such as marriage or birth certificates or proof of relationship. The USCIS may then send you a letter requesting those documents. Additionally, you must include a certified translation of your documents if they are not in English.
Not Meeting the Income Limit
Not meeting the USCIS income threshold is another frequent error. Many applicants are unaware that obtaining a green card requires the petitioner to sponsor their family members.
To be eligible to sponsor, the applicant must have enough assets and income to support their family members or locate a joint sponsor if their income is insufficient. A sponsor must be ready to present proof of their ability to support the family, such as tax returns and financial documents.
Misrepresentation and Fraud
Regarding family-based immigration applications, fraud or deception can significantly harm an applicant’s chances of success.
Being truthful and precise in all interactions with USCIS is essential. This means giving accurate information on income, familial ties, criminal histories, and any other matters that can impact immigration status.
There are severe repercussions for lying, leaving out information, or giving misleading information, including being permanently barred from entering the United States.
What Are the Benefits of Hiring an Immigration Lawyer?
They Help Avoid Common Mistakes
Hiring an immigration attorney can help you avoid all the above-mentioned mistakes. A reliable family immigration lawyer can offer professional guidance, help with document preparation, guarantee that all deadlines are fulfilled, and bring you greater peace of mind knowing that your application is error-free and includes all necessary supporting material.
They Can Help Navigate the Process More Easily
The immigration process is complicated and challenging to understand because of changing political environments as well as the intricacies of citizenship, green card, temporary work visa, and other procedures. Even a simple application may necessitate a sophisticated comprehension of a patchwork of overlapping laws, rules, and regulations.
An immigration lawyer ensures that all files are made following current regulations by offering immigrants comprehensive information and comprehension of legal requirements and changing policy changes. For all immigrants, including those handling affirmative petitions for immigration benefits as well as those in immigration court, an immigration attorney guarantees equitable and fair counsel.
They Provide Tailored Legal Support for Unique Situations
Having an immigration lawyer who specializes in a particular subfield—such as family—also makes it easier to guarantee that each immigrant files for and receives the form of relief that is most suited to their particular circumstances. Since every case is unique, an immigration lawyer can help clients understand their rights and alternatives while advocating on their behalf.
They Can Help You Get Ready for the Interview
The interview for family immigration is an essential phase in the procedure. A knowledgeable family immigration lawyer can assist you in preparing for the interview and ensure you are prepared to respond to any questions the interviewer might have.
They Offer Critical Assistance in Immigration Court
There might be situations during your family immigration process where you can end up in court. For example, one may be charged with contempt of court if they use family law records for other reasons and reveal them to a non-party to the family law case. You can face consequences from the family court for this. This could also affect the outcome of any ongoing family law procedures if the court believes you have willfully broken confidentiality restrictions.
Only 37% of all immigrants who faced deportation from the United States obtained legal counsel, according to a 2016 report by the American Immigration Council. That figure falls to a startlingly low 14 percent among imprisoned immigrants. Additionally, immigrants who do seek legal representation have a significantly higher chance of obtaining immigration relief, avoiding removal in absentia, and securing release from incarceration.
Immigration lawyers prepare people for court hearings and assist immigrants in obtaining and presenting the strongest possible evidence to bolster their claims. Most significantly, an immigration lawyer may give newcomers crucial reassurance by clearly outlining procedures and what occurs in court.
Frequently Asked Questions (FAQs)
Can I apply for immigration benefits without a lawyer?
Yes, you can, but immigration laws are complex, and even a small mistake can cause delays, extra costs, or even a denial. If your situation is simple, you may be able to manage it on your own. However, if there are any complications, working with an immigration attorney is the best way to avoid unnecessary risks.
Can a lawyer speed up my immigration process?
An attorney can’t make the government process your application faster, but they can help you avoid delays by ensuring your paperwork is accurate and complete the first time. Mistakes or missing documents often cause setbacks, so having a lawyer guide you through the process can keep things moving smoothly.
What happens if my application gets denied?
If your application is denied, an attorney can help you figure out why and explore your options. You may be able to appeal the decision or reapply with stronger evidence. A lawyer can also help prevent future mistakes and improve your chances of approval.
Are immigration consultants the same as lawyers?
No, they’re not. Immigration consultants can help fill out paperwork, but they can’t provide legal advice or represent you in court. Only a licensed immigration attorney is legally allowed to guide you through the process and advocate for you if issues arise.
What’s the difference between immediate relatives and family preference categories?
Immediate relative visas are for close family members of U.S. citizens—such as spouses, unmarried children under 21, and parents. These visas are not limited by annual caps, meaning there’s no waiting list.
Family preference visas, on the other hand, cover more distant relatives, such as adult unmarried children, married children, and siblings of U.S. citizens. They also include spouses and unmarried children of lawful permanent residents. These categories have yearly limits, which can lead to long waiting periods.
How do I check the status of my immigration application?
You can track your application by visiting the USCIS Case Status Online page and entering your receipt number. Creating an online USCIS account allows you to receive updates and notifications about your case. If you’re unsure about your status or need further assistance, an immigration lawyer can help you understand where things stand.
What should I expect during a U.S. visa interview?
During your visa interview, a consular officer will ask questions to verify your eligibility. They may ask about your background, your relationship with the person sponsoring you, and your plans in the U.S. It’s important to answer honestly and provide any requested documents.
Preparing ahead of time can make a big difference. Reviewing common interview questions, organizing your paperwork, and even practicing with an immigration attorney can help you feel more confident and increase your chances of success.
