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Family Based Immigration Petition Lawyers

Do you have a close relative who wishes to apply for permanent resident status in the United States? At Castañeda Law, our attorneys can help. Any immigration application, including one for a green card, is complicated, and we can guide you through it. From the filing of the petition, to being aware of the correct fees through to the completion of the process, we will be with you every step of the way. We can avoid pitfalls that might otherwise delay or hinder your petition.

Our attorneys were born outside the United States, so they know first-hand how important it is to have your relatives with you in the United States, and how unnecessary delays can affect the entire family. If you would like to discuss filing a family based immigration petition, contact our office for a free consultation.

Family Based Immigration – How Does It Work?

The first step toward obtaining an immigrant visa is the filing of Form I-130 (Petition for Alien Relative). It goes to the Department of Homeland Security. Both petitioners and sponsors must have their principal residence in the U.S.

Once the petition is approved, it will be assigned a case number, and the appropriate fees must be paid. Once payment is made, the process continues, and you must complete an Affidavit of Support, and other forms and documents requested. The documents needed will include a passport, photographs, medical examination forms, and others. You must be at least 18 years of age and have a domicile in the U.S. in order to sign an affidavit in support of the petition. Once your file is complete, an interview will be scheduled. The time overall time period will vary from case to case.

Family based immigrant visa applications are of two types, depending upon how close the family relationship is:

Immediate Relative (IR) Immigrant Visas. The factor that sets family based immigration apart, at least in the case of immediate relatives, is that there are no numerical limits on the number of visas granted annually. For purposes of the immigration laws, an “immediate relative” includes the following:

  • IR-1. The spouse of a United States citizen.

  • IR-2. Unmarried children under 21 of a citizen of the U.S.

  • IR-3. The orphan of a U.S. citizen adopted abroad by a citizen of the United States.

  • IR-4. The orphan of a U.S. citizen to be adopted in the U.S. by a citizen of the U.S.

  • IR-5. A parent of a U.S. citizen who is 21 years of age or older.

Family Preference Immigrant Visas. There are limitations on the number of these visas granted each year. They include:

  • F1. This is for children of U.S. citizens who are not married (and their minor children).

  • F2. Applies to a spouse, minor children, and unmarried children over the age of 21 of Lawful Permanent Residents (LPRs).

  • F3. This is for children of U.S. citizens who are married, and their minor children and spouses.

  • F4. This applies to siblings of citizens of the U.S., as well as their unmarried children and spouses, but only if the citizen is at least 21 years of age.

The numerical limit on family preference immigrant visas differs for each preference, and runs from over 20,000 to more than 100,000 annually, depending upon which category your application falls into.

Immigration Fees – How Much Will It Cost?

As much as you want to bring your family members to this country, we appreciate the fact that you need to have at least an idea of the cost. Filing fees will vary from case to case. There is a fee to file the I-130. There are also additional filing fees, medical examination fees, copying charges, and other potential costs, plus attorney’s fees. But the total will depend upon the type of application. Talk to us about your immigration case, and we will provide you with an estimate of the cost.

Family Based Green Card Attorneys in Denver, CO and Phoenix, AZ

Having your close family members with you in the U.S. is overwhelmingly important. But the process is complex. While there is no way to determine exactly how much time it will take, mistakes by those who do not understand the process will inevitably cause delays, and can affect the success of the application.

Our attorneys will make sure that whatever is legally required to obtain a green card will be done, and done correctly. Contact Castañeda Law today to speak to an experienced immigration attorney. Your initial consultation is free.

Call (303) 386-7135 (Colorado) or (602) 251-3132 (Arizona)

  • Remember, remember always, that all of us, and you and I especially, are descended from immigrants and revolutionists.

    Franklin D. Roosevelt
  • The land flourished because it was fed from so many sources--because it was nourished by so many cultures and traditions and peoples.

    Lyndon B. Johnson
  • Our attitude towards immigration reflects our faith in the American ideal. We have always believed it possible for men and women who start at the bottom to rise as far as the talent and energy allow. Neither race nor place of birth should affect their chances.

    Robert F. Kennedy
  • We came to America, either ourselves or in the persons of our ancestors, to better the ideals of men, to make them see finer things than they had seen before, to get rid of the things that divide and to make sure of the things that unite.

    Woodrow Wilson

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