Miami Family Visa Lawyer

At De Wit Immigration Law in Miami, FL, we understand that family is the most important thing in our clients’ lives. But bringing family members to the U.S. can be complicated. We’re here to simplify the process.

Our team is committed to guiding you through family-based immigration law and helping you navigate the visa process with confidence and clarity. Contact a family visa lawyer from us today for a consultation.

Types of Family-Based Green Cards and Visas

The United States offers several visa categories for family members of U.S. citizens and permanent residents.

Immediate Relative Green Cards

Immediate relative visas are available to close family members of U.S. citizens. These include:

1. Spouses of U.S. citizens
2. Unmarried children under 21 of U.S. citizens
3. Parents of U.S. citizens 21 or older)

A key advantage of immediate relative visas is that they’re not subject to annual numerical limits. This translates to shorter waiting times, allowing families to reunite faster.

Family Preference Green Cards

Green cards are also available to more distant relatives of U.S. citizens and some relatives of lawful permanent residents. These “family preference” categories are:

1. Spouses and children under 21 of permanent residents
2. Unmarried sons and daughters (21 and over) of U.S. citizens or permanent residents
3. Married sons and daughters of U.S. citizens
4. Siblings of adult U.S. citizens

Unlike immediate relative visas, family preference categories are subject to annual numerical quotas. This can result in longer waiting times, sometimes stretching into years. Understanding these categories and their implications is crucial for setting realistic expectations and planning effectively.

K Visas for Fiancé(e)s

Love knows no borders, and the K-1 fiancé(e) visa allows U.S. citizens to sponsor their future spouse to start a family in the United States. This visa allows the foreign fiance to enter the U.S. for the purpose of marrying their beloved U.S. citizen within 90 days of arrival. Once married, the foreign national can immediately apply for a green card.

The Family-Based Visa or Green Card Application Process

The journey to obtaining a family-based green card for most relatives begins with filing a Petition for Alien Relative (Form I-130) or Petition for Alien Fiance(e) (Form I-129F) with U.S. Citizenship and Immigration Services (USCIS). This document establishes the family relationship between the sponsor and the beneficiary.

Once the petition is approved, the next steps depend on the beneficiary’s current location and status. If they’re already in the U.S. and eligible, they may be able to adjust their status without leaving the country. If they’re outside the U.S., they’ll go through consular processing at a U.S. embassy or consulate abroad. Fiance applicants must always interview for their visa abroad.

Missing a deadline or submitting incorrect information can lead to delays or even denials. That’s why having experienced legal guidance can make all the difference.

Green Cards Through Family-Based Immigration

For many families, the ultimate goal is permanent residency, symbolized by the coveted green card. The path to a green card through family sponsorship varies depending on the visa category and the relationship with the U.S. sponsor.

It’s important to note that for some recent marriages (less than two years), the initial green card may be conditional. This means the couple must file another petition within two years to remove the conditions and obtain a permanent green card.

Special Considerations in Family Immigration

Family immigration law isn’t one-size-fits-all. There are several special situations that require careful handling:

Adoptions and Immigration

Adopting a child from another country involves not just family law but immigration law as well. The process can be complex, involving multiple government agencies and international agreements.

Same-Sex Couples and Family Immigration

The U.S. immigration system recognizes same-sex marriages for immigration purposes. However, there can still be unique challenges for same-sex couples navigating the immigration system, and we have an extensive track record in this area.

Victims of Domestic Violence (VAWA Self-Petitions)

U.S. immigration law provides protections for victims of domestic violence through the Violence Against Women Act (VAWA). This allows a foreign-national spouse, child, or parent that has suffered battery or abuse by their U.S. citizen or permanent resident relative to self-petition for immigration benefits without relying on the abuser.

Deportation Defense and Family Immigration

Sometimes, family immigration intersects with deportation proceedings. This can happen when a family member is facing removal from the U.S. In these situations, understanding the interplay between family-based petitions and deportation defense is crucial.

There may be options for relief based on family relationships, such as cancellation of removal for qualifying relatives. Additionally, certain waivers of inadmissibility may be available to promote family unity.

Appeals and Complex Cases

Not every immigration journey is smooth sailing. If you face a denial or a request for evidence, it’s important not to lose hope. The appeals process, whether through USCIS or the courts, can offer a second chance.

At De Wit Immigration Law, we’re prepared to stand by your side through every twist and turn of your immigration journey, including complex appeals and federal court litigation if necessary.

How a Miami Family Visa Lawyer Can Help

Securing a family visa involves more than just filling out forms. It requires a deep understanding of immigration law and how it applies to your unique situation. At De Wit Immigration Law, we offer:

1. Comprehensive case evaluation and strategy development
2. Meticulous document preparation and submission
3. Skilled representation in interviews and hearings
4. Ongoing support and guidance throughout your immigration journey

Our years of experience in family immigration cases mean we’re well-equipped to handle even the most complex situations. We understand the emotional stakes involved in family immigration cases, and we’re committed to providing not just legal advice, but also the support and reassurance you need during this important process.

Why Choose De Wit Immigration Law

At De Wit Immigration Law, we believe that every family has a unique story. That’s why we take a personalized approach to each case, tailoring our strategies to your specific situation and goals. We’re committed to clear communication, ensuring that you understand each step of the process and feel empowered to make informed decisions about your case.

Our track record of success in family immigration cases speaks for itself, but what truly sets us apart is our dedication to our clients. We’re not just your attorneys; we’re your partners in this journey toward family reunification.

Don’t leave your family’s future to chance. Contact De Wit Immigration Law today to schedule a consultation.