Family Immigration Lawyer

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.

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Applying for a Green Card? Immigration Spurgin PLLC helps families secure permanent residency and reunite with loved ones in the U.S.

The H-1B Visa allows skilled professionals to work in the U.S. Immigration Spurgin PLLC simplifies the process for employers and employees.

Married to or marrying a U.S. citizen? Immigration Spurgin PLLC helps couples reunite in the U.S. through experienced, compassionate marriage visa guidance.

What is Family Immigration?

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:

  • Immediate Relative Visas: These are available to close family members of U.S. citizens.
  • Family Preference Visas: These are available to other family members of U.S. citizens, as well as the spouses and children of permanent residents.
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Types of Family Sponsorship 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:

  • Spouse of a U.S. Citizen
  • Unmarried Children under 21 of a U.S. Citizen
  • Parents of a U.S. Citizen (if the U.S. citizen is over 21)

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:

  • Adult Children (21 years or older) of U.S. Citizens
  • Siblings of U.S. Citizens (U.S. citizen must be 21 or older)
  • Spouses and Children of Lawful Permanent Residents (Green Card Holders)

While these categories may take longer to process, they are still an essential option for family reunification.

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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.

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The Family Immigration Process

The family immigration process can vary depending on the visa type and the country of origin, but generally, the process follows these steps:

1. File the Petition

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.

2. Wait for Petition Approval

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.

3. Consular Processing or Adjustment of Status

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.

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4. Interview and Approval

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.

5. Approved Family Sponsorship for a Green Card

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.

USCIS Denied My Family Sponsorship for Green Card: What Now?

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.

Step 1: Read the NOID Carefully for Denial Reasons

Your NOID will explain why USCIS rejected your application. Common reasons for a denied family sponsorship for green cards include:

  • Insufficient initial documentation to prove the qualifying family relationship (e.g., birth certificate, marriage license)
  • Sponsor income below the required threshold to support a family member’s green card
  • Missing or inaccurate information on Form I-130 (Petition for Alien Relative) or Form I-485 (Application to Adjust Status)
  • Applicant ineligibility due to criminal history, certain medical conditions, or prior immigration violations

The denial notice will also state whether you have the right to appeal. Do not ignore this document as deadlines move fast.

Step 2: Consult a Family Immigration Lawyer

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.

Step 3: Appeal the Decision or File a Motion

Depending on the circumstances of your denial, you may have a few options:

  • File an Immigration Appeal – If USCIS made a legal or factual error, you can submit Form I-290B to appeal the decision to the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA). Immigration appeals are typically due within 30 days of the denial.
  • File a Motion to Reconsider – If you believe USCIS misapplied the law, you can ask the same office to review their decision. No new evidence is submitted, only legal arguments.
  • File a Motion to Reopen – If new evidence has become available (such as documentation you couldn’t locate earlier), you can request that USCIS reopen your case.

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.

Step 4: Consider Other Green Card Pathways

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:

  • Employment-based green cards
  • Special Immigrant classifications
  • Refugee or asylee status
  • Green cards for victims of abuse, trafficking, or qualifying crimes

Why Hire a Family Immigration Lawyer from Immigration Spurgin PLLC

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:

  • 40 Years of Experience: With decades of experience in immigration law, Stephen Spurgin and his team understand the nuances of a family sponsorship for a green card and are equipped to handle even the most challenging cases.
  • Professional Guidance: We offer personalized guidance and step-by-step support to help you understand each phase of the process, from filing petitions to preparing for interviews.
  • Bilingual Services: We proudly offer services in both English and Spanish to accommodate clients from diverse backgrounds and ensure clear communication throughout the process.
  • Compassionate Support: Family immigration cases can be stressful, but we are here to make the process as smooth and stress-free as possible. We treat each case with the utmost care and dedication.

Get Started with Your Family Sponsorship for Green Card Today!

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.

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