Immigration Visa Petitions Attorney
Applying for a family-based immigration petition is an expensive, time-consuming and complicated process. If you are related to a foreign national, and you would like to help them obtain lawful residency in the United States by way of a green card, there is a specific step-by-step process that you must carefully follow.
The lawyer at Robert L. Sepp, Attorney at Law, has the experience to help you get your loved one legal residency in the United States. Attorney Robert Sepp has been successful in reuniting numerous families and has the patience, understanding and wisdom to see that your family is together as it should be.
Form I-130
The Form I-130 petition is the first step to getting your loved one to the United States. The purpose of the Form I-130 is to establish a familial relationship between the petitioner (U.S. citizen) and the petitioned (alien relative). Without proof of an immediate familial relationship, immigration into the United States becomes exceedingly challenging and can take decades to finalize.
U Visas
If you currently reside in the United States, you are undocumented, and you or a family member is or has been a victim of a violent crime or other criminal activity, you may qualify for a U visa. If you or someone you know may be eligible for a U visa, it is best to seek an experienced attorney to help you with the U visa application and legal proceedings.
How Do I Apply For A Family-Based Immigration Visa Petition For My Relative In Another Country?
First, you must be a lawful permanent resident or citizen of the United States in order to petition for your family member to get an immigrant visa. Once your family member has been approved for an immigrant visa, you must wait for a visa number to become available, as every year there is a limited number of visas awarded for those approved. Then, once your family member has obtained a visa number, they must then apply for lawful permanent residency in the United States if they qualify.
Family-Based Immigration Lawyer In Portland, Oregon
Robert L. Sepp, Attorney at Law, helps families throughout the Portland area bring their loved ones to the United States through family-based immigration petitions and green card applications. We handle USCIS filings for clients in Portland, Multnomah County, Washington County, Clackamas County and nearby communities across Oregon.
U.S. citizens and lawful permanent residents come to us when they need to sponsor close relatives for legal residency. Many of our clients are petitioning for a spouse, child, parent or sibling living abroad. Others need help when their relative is already in the United States and wants to adjust their status.
Who Can Sponsor A Relative
U.S. citizens can sponsor a wider range of family members than green card holders. If you’re a U.S. citizen, you can file a petition for your spouse, unmarried children under 21, unmarried sons and daughters over 21, married children of any age, parents (if you’re at least 21) and brothers or sisters (if you’re at least 21).
Lawful permanent residents unfortunately have limited options when it comes to sponsorship. You can petition for your spouse or your unmarried children of any age. You cannot sponsor parents, married children or siblings. Green card holders also face longer wait times because immediate relatives of U.S. citizens get priority. If you’re trying to get a green card for a spouse in Portland, working with a family-based immigration attorney helps you understand what to expect.
Form I-130 Petition Process
Filing Form I-130 starts the family immigration process. This petition proves your relationship to your relative and establishes their eligibility for an immigrant visa. You submit documents like birth certificates, marriage certificates and proof of your U.S. citizenship or permanent residency.
USCIS reviews your petition to confirm the family relationship is genuine. Processing times vary, but most I-130 petitions take between 10 and 18 months for approval. Because immigrant visas for immediate relatives of U.S. citizens are unlimited and always immediately available, an eligible immediate relative present in the United States can file Form I-485 for adjustment of status concurrently with Form I-130, rather than waiting for I-130 approval. For preference categories subject to annual caps, beneficiaries must wait for an available visa number before applying for adjustment of status or consular processing.
Once a visa number is available, your relative either applies through consular processing abroad or files for adjustment of status if they’re already in the United States. Small mistakes cause serious delays because USCIS will issue a Request for Evidence or deny your petition if documents are missing or forms contain errors. Fixing these problems adds months to an already lengthy process.
How Do I Know If My Family Member Qualifies For Lawful Permanent Residency In The United States?
There are certain criteria that must be met in order for a foreign national to qualify for lawful permanent residency (LPR), and they include:
- The foreign national must be sponsored by a U.S. citizen or lawful permanent resident.
- The sponsor must be able to prove that they can financially support the related foreign national.
- If the sponsor is a U.S. citizen, they must prove their relationship to the foreign national. Acceptable family relationships include:
- Husband or wife
- Child under 21 years old
- Unmarried son or daughter over 21
- Married son or daughter of any age
- Brother or sister if you are at least 21 years old or parents if you are under 21 years old
- If the sponsor is a lawful permanent resident, they must prove their relationship to the foreign national. Acceptable family relationships include:
- Husband or wife or unmarried son or daughter of any age
Immigrant Visa Petitions Attorney
Immigration attorney Sepp fully understands how frustrating the family-based immigration visa petition process can be. He is a patient and highly qualified attorney who is dedicated to walking you step by step through the petition process.
We encourage you to contact our law office online or over the phone at 503-388-5382 to begin the family-based immigrant petition for your loved one. Complete this form to get started.
Located in West Linn, Robert L. Sepp, Attorney at Law, is proud to represent clients in the Portland metro area, Willamette Valley, Oregon Coast, Bend, Medford, Eugene and throughout the entire state of Oregon.