Family Based Petitions For Immigration

Immigration Attorney Vianey Hurtado
By: Vianey Hurtado
Immigration Lawyer
Licensed in Arizona since: 2014

Family Based Petitions Immigration Attorney In Phoenix

For many, the American Dream is not just a personal journey but involves bringing loved ones along to share the opportunities and freedoms the U.S. offers. The U.S. family-based immigration visas are a legal pathway for U.S. citizens and Lawful Permanent Residents (LPRs) to bring their family members to the United States. However, the process is complicated and often requires the guidance of an experienced immigration attorney.

At Vianey K. Hurtado Law, we understand the desire to be joined by family members in another country. If you are a permanent resident or U.S. citizen seeking family-based immigration visas for relatives, attorney Vianey K. Hurtado can help. With proven results, Vianey Hurtado brings professional experience and a personal understanding of the immigration experience, being an immigrant's daughter herself. Vianey has made it her life's work to help reunite families and advocate for her clients. Please contact us today to schedule a comprehensive case evaluation. Our law firm speaks Spanish and serves the areas of Phoenix and Yuma.

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VIANEY HURTADO is an incredible lawyer. Since the beginning of my services her and her team made sure I felt well take care of. Her and her team was patient, efficient and compassionate with me.
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Betty G.

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Attorney Vianey K. Hurtado is a very honest, professional and patient immigration attorney who gives you confidence in the course of your case. She helped me a lot and very quickly for my residency.
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If my family and I could give 100 stars I would. Vianey and all her staff were helpful from day one. Always treated us with great professionalism. Always honest and hard working. Will definitely be recommending her!!!
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Lizbeth S.

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My father had a very rough immigration case, Vianey did an amazing job. Thank you so much, very grateful for everything you did. My father is now a permanent resident thanks to you.

What Are The Types of Family Based Immigration Visas?

The U.S. family sponsorship system offers two distinct paths for obtaining Green Cards, each catering to different family relationships and having its own set of rules and processing times. These are the Immediate Relatives category and the Preference Relatives category.

Immediate Relatives Category

What Family Members Are Eligible:

  • This category is reserved for the closest family members of U.S. citizens.
  • It includes spouses, unmarried children under the age of 21, and parents of U.S. citizen children who are 21 years of age or older.

Advantages For Immediate Relatives:

  • Unlimited Visas: There is no annual cap on the number of visas issued in this category. This means that there are no backlogs or waiting periods due to visa limitations.
  • Faster Processing: Applications under this category are generally processed more quickly than those in the Preference Relatives category.

What Is The Process For Immediate Relatives?:

  • The U.S. citizen must file a Form I-130 (Petition for Alien Relative).
  • Once the petition is approved, the relative can apply for a Green Card through adjustment of status or consular processing. In some instances, an I-130 petition can be filed concurrently with the I-485 application for lawful permanent residency before USCIS.

Preference Relatives Category

What Family Members Are Eligible?:

  • This category is for specific, more distant family relationships.
  • It includes unmarried children over the age of 21, married children of any age, and siblings of U.S. citizens. It also covers certain relatives of Green Card holders, such as spouses and unmarried children.

What Are The Limitations For Preference Relatives?:

  • Visa Limits: Unlike the Immediate Relatives category, there are annual limits on the number of visas that can be issued in the Preference Relatives category. This can result in significant backlogs and longer waiting times. 
  • Priority Dates: The applicant's place in line is determined by their priority date, which is the date when the petition was filed. The availability of visas is determined by this date, which can lead to a lengthy wait depending on visa demand and per-country limits.

What Is The Process For Preference Relatives?:

  • Like the Immediate Relatives category, it begins with filing a Form I-130.
  • After approval, the relative must wait for a visa to become available, which can vary greatly in time.

Understanding Sponsorship Eligibility for Family Members

Many dream of reuniting with their family in the U.S., and understanding the details of visa sponsorship is the first step toward making that dream a reality. Understanding your own status in the U.S. is critical in determining whom you can sponsor. Here are the different categories of status and the eligibility for family member petitions:

Who Can U.S. Citizens Sponsor?

For U.S. citizens, the range of family members you can sponsor includes:

  1. Spouse: Live together in the U.S. with your legally married partner.
  1. Unmarried Children Under 21: Provide a nurturing environment in the U.S. for your young dependents.
  1. Married Children or Children Over 21: Although wait times may be longer, you can still sponsor them.
  1. Parents: Bring your parents to the U.S. to live closer to you.
  1. Siblings: Strengthen your family ties by reuniting in the U.S.

As a U.S. citizen, you have the broadest options for bringing family members to the U.S.

Limitations for Green Card Holders:

Green Card holders have more restricted sponsorship capabilities:

  1. Spouse: As a Green Card holder, you can sponsor your spouse to live in the U.S.
  2. Unmarried Children: Ensure your children have access to opportunities in the U.S.
Why Clients Choose Vianey Hurtado
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Contact A Family-Based Petitions Immigration Attorney In Phoenix

The family sponsorship process in the U.S. can seem confusing, but understanding your eligibility and the categories of family members you can sponsor is a significant first step. Each status, whether U.S. citizen or Green Card holder, offers different possibilities for family reunification. With the help of an experienced immigration attorney in Phoenix, you can get the professional assistance you need throughout the family-based petition process.

For those who are permanent residents or U.S. citizens, the path to family-based immigration visas can be a challenging journey. This is where attorney Vianey K. Hurtado steps in to guide you. Vianey combines her professional knowledge with a personal connection to the immigration narrative, being a proud daughter of immigrants herself. She is passionately dedicated to bringing families together. We invite you to reach out to us for a thorough case evaluation. Our law firm, offering services in both Spanish and English, is committed to serving the communities of Phoenix and Yuma. Let us help you take the first step towards reuniting with your loved ones.

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Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. Vianey K. Hurtado Law’s legal team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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