Bringing Family Members to the U.S.

Bringing Family Members to the U.S.

Immigration laws allow U.S. citizens and lawful permanent residents to petition on behalf of their family members who are seeking green cards. However, not all family members are eligible, and even among those who qualify, many have their petitions denied for various reasons.

At Vestal Immigration Law, our experienced family immigration attorneys help clients in North Carolina and throughout the U.S. successfully navigate the immigration system to obtain green cards for family members. Consult with our team today about your immigration options.

Family-Based Immigration Process

The process of obtaining an immigrant visa (also called a green card) for a qualifying family member can be complex. The processing time for a visa will depend on many factors, including whether the petitioning relative is a U.S. citizen or not and the familial relationship.

The general steps in this immigration process are as follows.

Filing of Form I-130 Relative Petition. The U.S. citizen or green card holder must first file Form I-130 with the United States Citizenship and Immigration Services (USCIS). If the petition is being filed by a citizen, the relative can concurrently file Form I-485 Application to Register Permanent Residence or Adjust Status. If, however, the I-130 petition is being filed by a permanent resident, the relative must wait for a visa number to be available before submitting their application for a green card.

Adjudication of I-130. Whether the I-130 petition is filed alone or with an application for a green card, USCIS will first review the I-130 petition. Approval of the petition is not guaranteed simply because the petitioner has documentation of the family relationship. Our attorneys know what types of evidence of eligibility are needed to help a petition succeed with USCIS. If the I-130 petition is approved, then the application goes to the next step.

Application for Green Card. Once the I-130 petition is approved, USCIS will next adjudicate the I-485 Application if filed concurrently or if there is a visa number available. If the relative is in the United States and the application is approved, they can adjust their status to that of a permanent resident and obtain a green card. If the relative is outside the United States, they can make an appointment at a U.S. consulate in their home country for an immigrant visa interview for consular processing.

Speak with an Immigration Lawyer in North Carolina

Many family-based green card petitions are denied for various reasons. If you wish to file for your relative to obtain a green card or are seeking a green card yourself, contact our office at Vestal Immigration Law to discuss how we can help you.