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Family-Based Petitions

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Northfield Family Immigration Lawyers 

Immigration to the United States is centered on the family unit. Nearly two-thirds of all new migrants to the U.S. come on a visa obtained by their familial relationship. The process of getting a family member to the United States is filled with paperwork. Mistakes can delay or even derail that process. Our experienced Northfield family immigration lawyers work with clients on all the details involved with their visa petitions and help them navigate the process with peace of mind. 

Dworsky Law Firm has over 25 years of experience helping people bring family members to the United States. From our Northfield office, we serve clients across the country. Call today at (847) 545-0562 or contact us online. Free consultations and payment plans are available. 

Immigration Sponsorship & Affidavit of Support

A prospective migrant to the United States must have a sponsor living in the U.S., one who is either a full citizen or holds a green card, which indicates they have status as a permanent lawful resident. The sponsor will have to sign an affidavit of support

An affidavit of support is a legal commitment to undertake financial responsibility for the new immigrant until the newcomer has been gainfully employed for 10 years or until they gain full citizenship status, whichever comes first. The purpose is to ensure immigrants have a base of support to rely on and will not need to rely on government social programs in the early years of their U.S. residency. An affidavit of support has the binding legal force of a contract with the United States government. 

An experienced Northfield family immigration attorney from our office will be deeply familiar with relevant law, diligent in their attention to detail and vigorous in their advocacy on your behalf. Call today at (847) 545-0562 or fill out our online contact form to set up a free consultation. 

Types of Family-Based Immigration Petitions

Most family-based visa applications are based on a relationship as a  fiancé(e), spouse or immediate family member, although there are limited numbers of visas available each year to extended family members. The types of visa applications available include the following…

K-1 Fiancé(e) Visa: When one of the prospective spouses is living in the United States as a permanent resident (full citizen or green card), they can petition to have their fiancé(e) brought over with a 90-day window allowed for the marriage to be performed. After the wedding, the newly married spouse can apply for permanent residence. A K-1 visa requires evidence of the intent to marry.

K-3 Spouse Visa: In the case of a marriage that already exists, the party who is a U.S. citizen can file a petition to have their spouse brought over. Legal documentation proving the validity of the marriage will be one part of securing approval. 

K-2 & K-4 Children’s Visas: Directly tied to both K-1 and K-3, these visas allow for unmarried children of the engaged or married couple to emigrate to the United States. K-2 is the application used for children when their parent(s) is applying under K-1. The K-4 children’s visa is linked in with the K-3 application. 

Immediate Family Members: Permanent residents can file a family-based petition to sponsor their unmarried children, along with brothers and sisters who are 21 years old and up. 

Extended Family Members: There is a cap of 480,000 visas that can be extended each year to those beyond the immediate family. However, along with that ceiling of 480K, there is also a floor of 226,000 visas that the government must issue each fiscal year. 

Whether the application is for an immediate or extended family member, the I-130 form is what’s used. 

How To Deal With The Immigration Process

There are caps on all types of family-based petitions, not only overall, but for each specific type (fiancé(e), immediate family member, etc.), but also from each foreign country. Backlogs are unfortunately common. That makes an experienced Northfield immigration lawyer even more important—the process can be tedious enough, without mistakes on the application further slowing it down. 

One part of the process is providing evidence. Couples that plan to marry need to show proof of their engagement. This might include correspondence with each other—emails that are time-stamped and dated are one way of establishing the length of a relationship. Immigration authorities in the United States takes the validity of an engagement very seriously and attempts at fraud can be penalized by up to five years in prison and a fine of $250,000. 

Immigration officials also want reasonable assurances that the applications they approve are for people unlikely to run afoul of the law. Bringing forth their record can be a proactive way of dealing with this—either to demonstrate a clean past or to offer explanations for any prior mistakes. 

An interview is a part of the immigration process, and an attorney can be present. This is highly advisable. A lawyer who has been through similar interviews in the past can understand how to best make a presentation and cast their client’s case in the most favorable possible light.

Immigration Lawyers Who Have Been There

At Dworsky Law Firm, we do more than represent people in the immigration process. Many of us have been there ourselves. Our founding partner, Attorney Ashley D. Dworsky, worked through the immigration process to come to the United States. Others in our office have done the same. We know what you, your family, and the person you want to sponsor are going through. We want to help you get settled. And we want you to have the peace of mind that comes from knowing your lawyer is on top of all the details and hard at work on your case. 

We’ve been helping people come to the United States for over 25 years. Let us help you next. 

Call today at (847) 545-0562 or contact us online to set up a free consultation. 

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