Effective, Experienced Legal Assistance For All Your Immigration Concerns

Comprehensive Massachusetts Family-Based Immigration Support

Turn to a trusted immigration lawyer when seeking to reunite your family in Beverly, the North Shore or the Boston area. I am here to guide you to solutions at Cayer Law. I am Massachusetts attorney John Cayer. With over 25 years of experience, I can provide you with skilled family-based immigration representation focused on your goals.

Eligibility For A Family-Based Green Card

Generally, you must be the spouse, child, parent or sibling of a U.S. citizen or the spouse or unmarried child of a lawful permanent resident.

How The Family-Based Green Card Process Works

The process begins with the sponsoring relative submitting Form I-130. From there, the process can go two routes:

  • Adjustment of status: For qualifying family members already in the U.S.
  • Consular processing: For qualifying family members outside the U.S. (note: this method is often faster)

Whichever route your case takes, I can help you with every step of seeking a green card or making a petition for a relative.

Understanding Family-Based Immigration Preference Categories

Your preference category can impact the yearly limit that your green card application could face. Under the preference system:

  • For U.S. citizens:
    • Spouses, unmarried children under 21 and parents are exempt and not subject to yearly limits
    • Unmarried children 21 and older fall into the F1 category
    • Married children fall into the F3 category
    • Siblings fall into the F4 category
  • For lawful permanent residents:
    • Spouses and unmarried children under 21 fall into the F2A category
    • Unmarried children 21 and older fall into the F2B category

Pursuing Family-Based Visas

There are also certain temporary visas that families might qualify for, including:

  • Fiancé(e) visas or K-1 visas, are for fiancés/fiancées of U.S. citizens. The marriage must occur within 90 days. Applications often receive significant scrutiny.
  • K-3 visas are for spouses of U.S. citizens who are waiting for green card approval.
  • V-1 visas, V-2 visas and V-3 visas are for spouses (and their eligible family members) of lawful permanent residents when there has been a long wait for green card approval.

I can help you apply for and address any concerns regarding such visas.

Frequently Asked Questions About Family-Based Immigration

Family-based immigration raises many important questions. These answers address some of the most common ones about the process.

How long does it take to process a family-based green card?

Processing times for a family-based green card can range from several months to over 15 years, depending on your preference category, your relationship to the sponsoring relative and current visa availability. Immediate relatives of U.S. citizens generally move through the process faster than other applicants.

Government processing times also affect your wait, and delays at USCIS or the National Visa Center can extend your case considerably.

What happens after a family-based green card is approved?

Approval means you can begin your life as a lawful permanent resident in the United States. Important steps follow approval, and you will need to address each one to protect your status:

  • Receive your green card: USCIS will mail your physical green card to the address on file.
  • Update your records: Notify relevant agencies of your new permanent resident status.
  • Meet residency obligations: You must maintain your U.S. residency to keep your green card valid.
  • Plan for renewal: Green cards typically expire every 10 years and must be renewed to maintain valid documentation.

Staying current with these steps helps protect your status and your path to citizenship.

Can a family-based immigration petition be denied?

Yes, USCIS can deny a family-based immigration petition. Several issues can lead to a denial, including:

  • Missing or incomplete documentation
  • Ineligibility of the sponsor or beneficiary
  • Failure to meet immigration requirements

Addressing these issues before filing gives your petition the best chance of approval.

Do I need a lawyer for a family-based immigration petition?

You are not legally required to hire an attorney. However, legal representation can significantly improve your chances of a successful outcome. An attorney can help you prepare forms, gather documentation and avoid errors that could delay or jeopardize your petition. Legal guidance is especially valuable in complex cases.

If USCIS sends a Request for Evidence, an attorney can help you respond thoroughly and on time. A strong response can improve the likelihood of approval.

Reach Out Now For Dependable Guidance

Let me protect your family’s future. Call me at 978-955-9352 or email me to learn how I can help with your family-based green card or visa needs.