Family Based Immigration Attorneys in Austin

Austin Family-Based Immigration Lawyers

At the law office of Farmer Farmer & Brown, we love to see families reunited from foreign countries to live together permanently in the Austin area. In order to protect your family members, you must follow the necessary steps to bring them into the United States. There are avenues for family-based immigration, but if you make an error, your family member may not be able to enter the U.S. or if they do, may face removal or deportation.

Our Austin family-based immigration attorneys help clients achieve their goals the right way. We navigate the complex web of immigration laws and procedures for you to prevent errors and unnecessary delays. Our goal is to see our clients with their family members again, so please contact our office for more information about how we might help you.

Benefits of Family Immigration

This is the most commonly used type of immigration for people seeking to live indefinitely in the U.S.A successful family-based petition can:

  • Allow your family member to obtain a green card, which makes them lawful permanent residents (LPRs)
  • Allow them to obtain an employment authorization document (EAD), which gives them the authority to work in the United States.

Overview of the Family Immigration Process

U.S citizens and permanent residents must first file petitions for family members to obtain an immigrant visa. This is a Petition for Alien Relative, Form I-130, which is filed with U.S. Citizenship and Immigration Services (USCIS). In order to qualify to sponsor a family member, you must:

  • Prove you are a U.S. citizen or LPR
  • Prove the qualifying family relationship between you and your family member
  • Take financial responsibility for your family member and prove you can support them at least 125 percent above the current poverty line

In order to be able to provide an Affidavit of Support, you must be 18 years old and show you have a residence (known as domicile) in the U.S.

Then, USCIS must determine that your family member meets the criteria for an immigrant visa. If USCIS approves the application, your relative may receive their immigrant visa, which allows them to enter and remain in the U.S. long-term. Then, your family member may apply to adjust their status to permanent resident. If that application is successful, they can receive their green card.

All of the documentation and eligibility requirements for both immigrant visas and green cards can be lengthy and complex. It is important to avoid any type of error, so you can ensure the process goes as smoothly as possible, and that your family member can join you in the U.S. as soon as possible. It is always best to have the guidance of an Austin immigration lawyer who handles family-based immigration cases on a regular basis.

Who is Eligible?

Not every family member is eligible for sponsorship, and the simplest relatives to sponsor at immediate relatives. These include:

  • The spouse of a U.S. Citizen (IR-1)
  • Unmarried children of a U.S. Citizen under the age of 21 (IR-2)
  • Orphan adopted (IR-3) or to be adopted in the United States by a U.S. citizen (IR-4)
  • A parent of a U.S. Citizen who over the age of 21 (IR-5)

There is generally no waiting period – other than visa application processing times – for eligible immediate relatives.

It is possible to sponsor other relatives for an immigrant visa, though this can take longer, and the process might get more complex. This is also the case if a current resident wants to sponsor a family member. The following family members might receive limited family-based green cards, along with the annual quota for each:

  • Unmarried children of U.S. citizens and their own children – 23,400
  • Spouses, minor children, and children over age 20 who are unmarried of permanent residents – 114,200
  • Married sons or daughters of U.S. citizens, along with their spouses and children – 23,400
  • Siblings of U.S. citizens (who are over age 21) and their spouses and children – 65,000

These quotas fill quickly each year, so if you are considering a limited family-based visa, you should start the process as soon as possible.

Contact our Austin Family-Based Immigration Attorneys for More Information

At the law firm of Farmer Farmer & Brown, we help clients obtain a wide range of visas, including family-based immigrant visas that can lead to green cards. Call 512.894.2128 or contact us online to schedule an appointment and discuss how we can assist you.

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