Family-Based Immigration Lawyer in New York

Family-based immigration is the most common path to a green card in the United States, and it allows United States citizens and lawful permanent residents to sponsor certain relatives so they can live and work permanently in this country. The process is governed by federal law, which means it works the same way in New York as it does anywhere else, but the details matter enormously and small mistakes can cause years of delay. At the Law Offices of Albert Goodwin, PLLC, attorney Albert Goodwin guides families through every stage of the process, from the first petition to the final interview.

We serve clients throughout New York City and in Nassau, Suffolk, and Westchester counties, and we handle federal immigration matters for families across the country. Below is an overview of how family-based immigration works and where a lawyer can make a difference.

Who Can Petition for a Relative

The first question in any family case is whether the petitioning relative is a United States citizen or a lawful permanent resident, because that status determines which family members can be sponsored and how long the wait will be. A United States citizen may petition for a spouse, parents, children of any age and marital status, and brothers and sisters. A lawful permanent resident, often called a green card holder, may petition only for a spouse and unmarried children. A green card holder cannot petition for parents or siblings, which is one reason many people choose to pursue citizenship and naturalization before filing for additional relatives.

Immediate Relatives Versus Family Preference Categories

Family-based immigration is divided into two broad groups. Immediate relatives of United States citizens include spouses, parents of a citizen who is at least twenty-one years old, and unmarried children under twenty-one. This category has no annual numerical cap, which means an immediate relative does not have to wait for a visa number to become available and can often move directly to the green card stage.

Everyone else falls into one of the family preference categories, which are subject to annual limits and therefore involve waiting:

• F1 — unmarried adult sons and daughters of United States citizens.
• F2A — spouses and minor children of lawful permanent residents.
• F2B — unmarried adult sons and daughters of lawful permanent residents.
• F3 — married sons and daughters of United States citizens.
• F4 — brothers and sisters of adult United States citizens.

Because each preference category has a limited number of visas each year, and because some countries have especially heavy demand, the wait can range from a few years to two decades depending on the category and the beneficiary’s country of birth.

The I-130 Petition

Every family case begins with Form I-130, the Petition for Alien Relative, which the sponsoring family member files with United States Citizenship and Immigration Services. The I-130 establishes that a qualifying family relationship exists. It does not by itself give the relative any immigration status or the right to live in the United States; it simply opens the case and fixes the beneficiary’s place in line. Strong supporting evidence of the relationship, such as marriage and birth certificates, is essential, and weak documentation is one of the most frequent reasons petitions are delayed or denied. If you are sponsoring a husband or wife, our page on marriage green cards explains the additional proof required to show a genuine relationship.

Priority Dates and the Visa Bulletin

When the I-130 is filed, the case receives a priority date, which is essentially the relative’s place in line. For preference categories, the State Department publishes a monthly Visa Bulletin showing which priority dates are current, meaning a visa is available. The beneficiary cannot complete the green card process until the priority date becomes current. Reading the Visa Bulletin correctly, and understanding the difference between the dates for filing and the dates for final action, is something we monitor closely so that families do not miss their window to move forward.

The Affidavit of Support

To prevent new immigrants from becoming a public charge, the petitioner must sign Form I-864, the Affidavit of Support, promising to financially support the relative. The sponsor must generally show income at or above 125 percent of the federal poverty guidelines for the household size. If the petitioner’s income is not enough, a joint sponsor may step in. This affidavit is a legally enforceable contract, and getting it right is critical to avoiding a denial at the interview.

Consular Processing Versus Adjustment of Status

Once a visa is available, there are two ways to obtain the green card. A relative who is already in the United States in valid status may often apply through adjustment of status using Form I-485, without leaving the country. A relative who is abroad, or who is not eligible to adjust, goes through consular processing at a United States embassy or consulate in their home country. Choosing the right path depends on where the relative is, how they entered the country, and their immigration history, and the wrong choice can create serious problems.

Common Problems and Waivers

Many family cases run into complications that have nothing to do with the family relationship itself. A relative who lived in the United States without permission may face a three-year or ten-year bar to reentry once they depart for consular processing. Prior immigration violations, certain criminal issues, or misrepresentations can make a person inadmissible. In many of these situations a waiver, such as the provisional unlawful presence waiver on Form I-601A, can forgive the problem if the applicant can show that a qualifying relative would suffer extreme hardship. These cases require careful planning, and trying to fix them after the fact is far harder than addressing them from the start.

Family-based immigration also overlaps with other areas of practice. Some clients begin with a fiancé visa before marriage, while others may need deportation and removal defense if a relative is already in proceedings. We look at each family’s situation as a whole.

Why Work With Our Firm

Family immigration is paperwork-heavy, deadline-driven, and unforgiving of errors. A single missing document or a misunderstanding of the Visa Bulletin can cost a family years. Albert Goodwin works closely with each client to build a complete, well-documented case, to anticipate problems before they arise, and to keep the process moving. We explain each step in plain language so that families understand what to expect and when.

If you want to bring a loved one to the United States or you are unsure which category fits your situation, we are ready to help. Call us at 212-233-1233 or email email@immigrationlawofficeny.com to schedule a consultation and let us put a clear plan in place for your family.