Family reunification is at the heart of U.S. immigration law.
At Immigration Spurgin PLLC, we understand how important it is to be with your loved ones. Whether you’re a U.S. citizen or permanent resident, bringing family members to join you in the United States can be a challenging yet immensely rewarding process through family immigration.
With nearly 40 years of experience, Stephen Spurgin has helped countless families file family sponsorships for green cards.
We offer compassionate, thorough, and efficient legal support to ensure that your family can be together, no matter the obstacles.
Don't risk your future by navigating the complexities of immigration on your own. Trust a professional to guide you through the process.
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Family immigration refers to the process through which U.S. citizens and lawful permanent residents (green card holders) can petition for their family members to join them in the U.S. Family immigration is a priority in U.S. immigration law, but it can involve several steps depending on the relationship between the sponsor and the family member being petitioned.
There are two main categories of family sponsorships for green cards:
At Immigration Spurgin PLLC, our family immigration lawyers help families through a variety of family immigration options, including the following:
Immediate relatives of U.S. citizens have the highest priority for family sponsorship for green cards, meaning their petitions typically have faster processing times and fewer backlogs. These include:
These visas are for more distant family relationships and can take longer to process due to annual quotas and country-specific limits. Some of the common categories include:
While these categories may take longer to process, they are still an essential option for family reunification.
The K-1 Visa, also known as the Fiancé Visa, is for foreign nationals who are engaged to a U.S. citizen. This visa allows your fiancé(e) to enter the United States so you can get married within 90 days of their arrival.
After the marriage, your spouse can apply for a green card through the adjustment of status process.
A marriage visa is a visa that allows the foreign national spouse of a U.S. citizen or lawful permanent resident to enter the U.S. and live together while their green card application is processing.
The family immigration process can vary depending on the visa type and the country of origin, but generally, the process follows these steps:
The first step in the family immigration process is for the U.S. citizen or lawful permanent resident to file a Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS).
This form establishes the family relationship and officially starts the immigration process.
Once the I-130 petition is approved, it will be forwarded to the National Visa Center (NVC) for further processing. At this point, you will be notified about the next steps, including submitting additional forms and documentation.
Consular Processing: If the relative is outside the U.S., their application will be processed at a U.S. embassy or consulate in their home country.
Adjustment of Status: If the relative is already in the U.S., they may be eligible to apply for a green card through Form I-485 (Application to Adjust Status) whole their petition is pending, otherwise them can file Form I-485 once their petition is approved.
For both consular processing and adjustment of status, applicants will generally have to attend an interview where a USCIS officer or consular officer will review their application, documents, and background.
If everything checks out, the family member will be approved for permanent residency.
If they are abroad, they can enter the U.S. as lawful permanent residents after consular processing approval. Both consular processing applicants and adjustment of status applicants will then receive their official documents in the mail, including their green card (Permanent Resident Card), allowing them to live and work in the U.S. as lawful permanent residents.
If USCIS sends a Notice of Intent to Deny (NOID) regarding your family sponsorship for a green card, you have several options: appeal the decision, file a motion to reconsider or reopen, or explore other green card categories.
Your NOID will explain why USCIS rejected your application. Common reasons for a denied family sponsorship for green cards include:
The denial notice will also state whether you have the right to appeal. Do not ignore this document as deadlines move fast.
A denial notice may contain legal language that is difficult to interpret without experience. A family immigration lawyer can review your case, identify what went wrong, and advise you on the strongest path forward. Attempting to respond to a denial without legal guidance significantly increases the risk of a second rejection.
Depending on the circumstances of your denial, you may have a few options:
Motions to reconsider or reopen a case are often faster and more affordable than appeals, making them a practical option in many situations in filing a family sponsorship for a green card.
If USCIS denies your family-based green card application for reasons that cannot be corrected, other green card categories may apply to your situation. A family immigration lawyer can fully assess your situation and determine your eligibility for a green card. These include:
At Immigration Spurgin PLLC, we are deeply committed to helping families navigate the often complex and emotionally charged process of family-based immigration. Our experienced team of family immigration lawyers, led by Stephen Spurgin, provides the following advantages to our clients:
If you’re looking to reunite with your loved ones in the U.S., Immigration Spurgin PLLC is here to help. Our team of experienced family immigration lawyers is ready to guide you through the family-based immigration process with experience and care. To schedule a free consultation or learn more about how we can assist you, call us at 915-233-6875 or contact us online.