Family-Based Visas and Immigration

Family Based Visas and Immigration

Proof of Eligibility

Marriage is a major milestone and a reason for celebration, but if one partner is a foreign national, the couple must navigate US immigration law in order to settle in the United States.  This process is more complicated when it is a second marriage and/or when the partners seek to bring children from prior relationships to live together as one family in the United States.  Each prospective beneficiary of family based immigration benefits must prove his or her relationship to their spouse or parent sponsor, as well as his or her individual eligibility to receive an immigrant visa allowing them to enter and reside permanently in the United States.  This process can be extraordinarily stressful to busy professionals and their families. The forms seem simple, but the administrative consequences of a simple mistake can result in denied applications and thwarted dreams.  We are here to help.  We have years of success in helping families meet their immigration goals and will strategize with you to craft and implement a family immigration plan that meets the specific needs and goals of your family.

*Note that under U.S. law same sex marital partners now qualify as family members for purposes of family-based immigration law and can sponsor or be beneficiaries of family-based visa petitions, as can the children of same-sex marital unions.

Family Based Immigrant Visa applications include:

  • Adjustment of Status to Lawful Permanent Resident for Immediate Relatives of United States Citizens (USCIS Forms I-130, 1-485)
  • Immigrant Visa Petition and Request for Consular Processing for Immediate Relatives of United States Citizens living abroad (USCIS Form I-130, DOS Form DS-260)
  • Immigrant Visa Petition and Request for Consular Processing, Preference Immigrants, and certain family members of Lawful Permanent Residents of the United States (USCIS Form I-130, DOS Form DS-260)
  • Removal of Conditions on Residence, for individuals who have been granted Conditional Resident status, based upon an immediate relative family relationship (USCIS Form I-751)
  • Family Based Nonimmigrant Visa Applications include:
  • Fiancé(e) Petition, enabling the fiancé(e) of a United States Citizen, as well as the fiancé(e)’s minor children, to enter the United States for the purpose of marriage to the US Citizen and applying for Adjustment of Status to Lawful Permanent Resident based on the newly-established family relationship. (USCIS Form I-129)
  • Nonimmigrant visa petition, allowing spouses and minor stepchildren of United States Citizens to enter the United States while their Family Visa Petitions are being processed. (USCIS Form I-129)