Brooklyn Family Immigration Lawyer 

Reuniting with your family members separated by immigration hurdles is undeniably challenging and emotionally taxing. As a U.S. citizen or lawful permanent resident, there are avenues available to overcome this situation. Family-based immigration offers a pathway to sponsor your loved ones for green cards, granting them the privilege to reside and work in the U.S. Most importantly, it means being together again.

The complexities of family-based immigration can be daunting without proper guidance. At Devon King Law Firm, PLLC, our experienced Brooklyn family immigration lawyer has successfully helped many immigrants, bringing families back together and opening new horizons in the United States. We understand your urgency and can lead you through every petitioning stage, striving to minimize the time your family spends apart. Let us help you rebuild your family's future in the U.S.

Reunite your family in the U.S. with our family-based immigration services. Contact a Brooklyn family immigration lawyer at Devon King Law Firm, PLLC via online form or call (718) 569-8122.

What Family Can You Sponsor?

In the United States, citizens can sponsor their immediate relatives, including spouses, unmarried children under 21, and parents. Permanent residents, on the other hand, can sponsor spouses and unmarried children. The sponsorship process often involves submitting a petition, providing supporting documentation, and meeting financial eligibility requirements to ensure that the sponsoring family member can financially support the incoming family member.

How Long Does the Family Immigration Process Take?

The duration of the family immigration process varies widely and is influenced by factors such as the type of family relationship, the immigration category, and the overall caseload of the immigration authorities. In many cases, processing times can range from several months to several years.

Immediate family members of U.S. citizens, such as spouses and minor children, generally experience shorter processing times compared to other family-sponsored categories. However, these timelines are subject to change based on government policies, administrative backlogs, and the overall demand for immigration services.

It's important for sponsors and applicants to be patient and plan accordingly. Regularly checking the official immigration websites or contacting the relevant authorities for updates on processing times can provide valuable information. Additionally, working with an immigration attorney can help navigate the complexities of the process and ensure that all necessary documentation is submitted correctly.

What Should You Do if Your Family Immigration Petition is Denied?

If a family immigration petition is denied, there are options available to appeal the decision, although the specific process may vary based on the type of petition.

Motion to Reopen or Reconsider:

In some cases, it may be possible to file a motion to reopen or reconsider with the U.S. Citizenship and Immigration Services (USCIS). This involves submitting additional evidence or arguments to address the concerns that led to the denial. It's essential to carefully review the denial notice and follow the specific instructions provided.

Appealing to the Administrative Appeals Office (AAO):

Certain denials can be appealed directly to the AAO, which is an independent office within the USCIS. The AAO reviews the decision made by the USCIS and determines whether it was correct based on the evidence and applicable laws. This process involves submitting a Notice of Appeal to the AAO within the specified timeframe.

Federal Court Review:

If all administrative remedies are exhausted, and the appeal with the AAO is unsuccessful, it may be possible to seek review in federal court. However, taking a case to federal court is a significant step and typically requires legal representation.

It's crucial for individuals facing a denied petition to seek guidance from an immigration attorney who can assess the specific circumstances and provide advice on the best course of action. Additionally, understanding the reasons for the denial and addressing them thoroughly in any appeal is essential for a successful outcome.

Family-Based Immigration Petitions

There are several different avenues an immigrant can choose, based on their family relationships, when applying for a green card:

K-1 Visa

This is when an immigrant is seeking a visa to come to the United States to marry their U.S. Citizen fiancé(e). To secure a K-1 visa, the applicant and their fiancé(e) should be prepared to demonstrate proof of their relationship. 

Past correspondence might be one example. Photos taken together that have a date stamp can prove the length of time the couple has known each other. Our Brooklyn green card attorney can help couples establish the evidence they will need to demonstrate that their relationship, and the commitment to marry, is real. 

K-2 Visa

If the fiancé(e) living abroad has children, then the K-2 visa application is what is used to ensure the children can legally enter the United States. 

K-3 Visa

A U.S. citizen that married abroad uses the K-3 application to bring their spouse back home. 

Petitioner for Alien Relative, (Form I-130)

Those that are U.S. citizens or current green card holders can also petition to have other family members allowed into the country and to be granted a green card by filing a Petitioner for Alien Relative, (Form I-130), on their relative’s behalf. The petitioner/sponsor will have to sign an affidavit of support. This is a commitment between the current resident and the United States government. 

The affidavit of support effectively binds the petitioner/sponsor to take financial responsibility for their family member for a period of 10 years.

The I-485 form is used to apply for a green card while in the United States. When the applicant is applying for permanent resident status from outside the United States, the process is called visa/consular processing. Please be aware that processing time on these applications can take some time, up to a year and perhaps longer. The reasons for denial can range from concern over an applicant’s financial situation to a previous criminal record to simple errors in filling out the forms. Having smart, experienced legal counsel, can certainly help you avoid such problems and an adverse outcome.

Call Devon King Law Firm, PLLC today at (718) 569-8122 or reach out online to set up a consultation.