Being separated from family can be one of the worst experiences. In order to prevent separation, families can file for two different types of visas: (1) an immediate relative, and (2) a preference relative. Depending on a person’s status and relationship, they may not be eligible for one or both visas.
It is always important to speak with an experienced immigration attorney before filing for a visa. An attorney will be able to go over all options available to a person and their family and then determine which one will be the best. An Augusta family-based immigration lawyer at Barrios Virgüez has the experience and understanding to help families through these difficult times.
What Is Family-Based Immigration?
The number of family-based immigration visas that may be granted to foreign nationals each year is capped by the Immigration and Nationality Act (INA). These immigrant visas are distributed by the U.S. Department of State (DOS), and a significant portion of immigrant visa eligibility is determined by U.S. Citizenship and Immigration Services (USCIS).
To qualify for family-based immigration, the law requires that there be at minimum two family members, known as the petitioner and beneficiary. All immigrants with a family connection fall into one of two categories: immediate family or family preference. To apply for a green card on behalf of a foreign family member, the petitioner must be a citizen or lawful permanent resident of the United States.
Each year, an unlimited number of immigration visas are available for close family members of American citizens. Family preference categories include all other appropriate relationships. Immigrant visas with family preference are scarce due to the fact that immigration law places a numerical limit on the total number of green cards that can be granted annually to family preference categories.
As a result, several of the family preference categories have a backlog and a lengthy wait. For guidance navigating this process, it’s wise to consult an Augusta family immigration attorney.
What Does a Family-Based Immigration Lawyer Do?
Our family-based immigration lawyers in Augusta are advocates in the area of immigration law that pertains to family members entering the country.
The majority of the time, those seeking a family-based visa are partners or minor children of American citizens or lawful permanent residents who wish to obtain legal status but are unable to benefit from employment possibilities like other immigrants.
An attorney who focuses on family-based immigration will be able to walk families through the process of gaining representation and green card status for all family members. This can be a very difficult process, which entails meticulous paperwork, which is why it is imperative to have an attorney to help through the process.
How Can an Immigration Lawyer Be Helpful?
Family-based petitions or family-sponsored visas enable people to sponsor members of their family to immigrate to the US and eventually become permanent residents. A family member’s admission to the United States under immigration law is predicated on their relationship to a citizen or lawful permanent resident.
This can be a complex process and requires a thorough understanding of immigration law. A family-based immigration attorney can help those seeking a visa obtain the green card status they desire. Family-based immigration attorneys in Augusta have an in-depth knowledge of the specific procedures and documentation required to complete a successful petition. This understanding of the law and process will help avoid delays in order to give clients the best opportunity to obtain U.S. citizenship.
The Process of Obtaining a Green Card
The first step is that the Petition for Alien Relative, Form I-130, is submitted by the sponsoring relative. The petition is submitted to the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, which covers the petitioner’s neighborhood in the United States. The following requirements must be satisfied in order to sponsor a relative’s immigration to the US.
A sponsor must be able to show that they are an LPR or a citizen of the United States. A qualifying relationship between the sponsor and beneficiary is required. The sponsor must demonstrate that they can support the person(s) at 125 percent over the federal poverty level by submitting an I-130 Petition for Alien Relative. Once a qualifying sponsor has been identified, and if it is an immediate relative, the process is straightforward, and there is no maximum to the number of family-based immediate relative visas that can be given out in a year.
If there is no immediate relative to sponsor an applicant, then they can try for one based on a preference relative visa. This involves more specific criteria and typically, a more distant family relationship. These visas can fall into four categories: F1, F2, F3, and F4. These categories are based on preference from highest to lowest. Family preference visas, unlike immediate relatives, are limited.
It is always best to obtain a knowledgeable Augusta family-based immigration attorney to go over all options and to avoid any delays in the process.
Georgia Immigration Laws
Georgia passed tough immigration regulations in 2011 that apply to many aspects of daily life. The mandate that law enforcement officials examine the immigration status of suspects who refuse to produce identification upon request is one contentious feature of Georgia’s immigration law. The statute applies to anybody who is the subject of a traffic stop, with the exception of witnesses and crime victims.
Additionally, it is against the law in Georgia for anyone to look for or obtain employment while using a false form of identity. Violators face harsh penalties, such as jail time and fines. Georgia mandates the use of E-Verify to confirm the legal right to work of all employers, including small and large private businesses.
Georgia expressly forbids illegal immigrants from paying in-state tuition rates at public schools, which is another stringent implementation of the state’s immigration laws. Additionally, a state law defunds any state colleges that advocate for being “sanctuary campuses” for undocumented immigrants.
Contact an Augusta Family-Based Immigration Attorney at Barrios Virgüez
Our experienced Augusta family-based immigration lawyer at Barrios Virgüez is here to provide you with legal advice and support no matter what kind of immigration problem you are facing. Call our office or submit our confidential contact form to set up your no-obligation consultation and begin working on your case.
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