Family and Marriage Based Petitions
If you answered yes to any of these, there is a strong probability we can help. Our experience has enabled us to aid thousands of clients with their application processes, achieving a remarkable success rate of 99%.
Family and Marriage Based Petitions
At Abraham Benhayoun Immigration Law Offices, we are committed to helping clients navigate the path to obtaining Green Cards through family and marriage-based petitions. We understand the profound impact these petitions have on families and offer expert guidance for immediate relatives of U.S. citizens, including spouses, minor children, and parents, ensuring a swift and efficient process. Our expertise also extends to other family members, such as unmarried adult children, spouses and minor children of permanent residents, married sons and daughters of U.S. citizens, and siblings of adult U.S. citizens. Additionally, we provide specialized assistance for K-1 fiancé visas, facilitating the union of foreign nationals and their U.S. citizen partners. Our approach is always personalized, empathetic, and aligned with the latest immigration laws and regulations.
U.S. immigration law allows certain foreign nationals who have a familial relationship with U.S. citizens and lawful permanent residents to become lawful permanent residents (Green Card) based on the type of familial relationship they have. If you are an immediate relative (spouse, minor child, or parent) of a U.S. citizen, you may be able to obtain a Green Card substantially faster than other family members of U.S. citizens and lawful permanent residents.
Other family members that are eligible to apply for a Green Card are:
- Unmarried sons and daughters, 21 years of age and older, of U.S. citizens.
- Spouses and children (unmarried and under 21 years of age) of lawful permanent residents.
- Unmarried sons and daughters, 21 years of age and older, of lawful permanent residents.
- Married sons and daughters of U.S. citizens.
- Brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).
The K-1 is a non-immigrant visa that permits a foreign national fiancé of a U.S. citizen to travel to the United States to marry the petitioning U.S. citizen sponsor within 90 days of admission to the country.
At Abraham Benhayoun Immigration Law Offices, we understand that securing a Green Card through family and marriage petitions involves a set of strategic steps, often tailored to each individual case. Typical legal strategies include:
- Determining the Appropriate Category: Identifying the correct family-based category (e.g., immediate relatives of U.S. citizens, fiancé(e) visas, other family members) based on the relationship to the U.S. citizen or lawful permanent resident.
- Filing Petitions: Completing and filing the necessary petitions, such as the I-130 (Petition for Alien Relative) for family-based categories or the I-129F for fiancé(e) visas.
- Providing Comprehensive Documentation: Submitting thorough documentation to prove the legitimacy of the relationship (marriage certificates, birth certificates, joint financial statements, photographs, etc.) and the U.S. citizen or permanent resident’s status.
- Adjustment of Status vs. Consular Processing: Deciding whether to pursue Adjustment of Status (if the beneficiary is already in the U.S.) or Consular Processing (if they are outside the U.S.).
- Preparing for Interviews: Coaching applicants for the USCIS interview process, which is a critical step in the Green Card application.
- Addressing Legal Complexities: Navigating complexities such as proving the bona fides of a marriage, handling cases of previous visa violations, or overcoming inadmissibility issues.
- Monitoring Cap and Priority Dates: For certain categories subject to numerical limits, keeping track of visa bulletin updates and priority dates.
- Complying with Affidavit of Support Requirements: Ensuring the U.S. sponsor meets the income requirements and files an Affidavit of Support when necessary.
- Addressing Potential Delays and RFEs: Responsively addressing any Requests for Evidence (RFEs) or delays in the process.
- Guiding Through Conditional Residency: In the case of marriages less than two years old, guiding clients through the process of removing conditions on residency.
Each case is unique, and strategies can vary widely based on individual circumstances and changes in immigration policies.
Our firm is proficient in handling family and marriage-based Green Card petitions, guided by these federal statutes. We provide personalized legal strategies, acknowledging that the application of these laws may vary depending on individual cases and evolving immigration policies.
- Immigration and Nationality Act (INA): The INA is the fundamental body of immigration law in the United States.
- Title 8 of the Code of Federal Regulations Part 204 – Immigrant Petitions: 8 CFR Part 204 is a set of federal immigration regulations that cover immigrant classes and petitions. These regulations cover filings and adjudications, among other important aspects of each of the immigrant petitions contained in the immigration laws of the United States. 8 CFR Part 214.2(k) covers that regulations concerning K-1 fiancé(e) visas.
Please note that the interpretation and application of these laws can vary based on individual circumstances and ongoing changes in immigration law.
Testimonials
We’re ready to help. Let’s discuss your case.
As a multi-jurisdictional lawyer, Abraham has a deep understanding of estate planning, international tax, and corporate issues that visa applicants often deal with. This allows Abraham to give his clients a well-rounded service almost no other immigration attorney at his level can offer.
Case Studies
Client Background Our client, a distinguished professional in the music field originally from South America, had already secured an O-1 visa, successfully renewing it once.
Client Background Our client, a leading restaurant group in South Florida, approached us for assistance with their labor certification process prior to the COVID-19 pandemic.
Client Background Our client, the father of a U.S. citizen, embarked on the journey towards obtaining a green card. However, the case presented unique challenges
