Family Based Adjustment

Family Based Adjustment Attorney in Miami, Florida

Family transitioning is an integral part of establishing legal residency or citizenship in the United States. However, arranging for loved ones to join you in the country can be a challenge, especially if you do not understand the applicable legal processes and legislature.

Garcia & Qayum Law Group, P.A. in Miami, Florida can help you with any matter relating to your family-based adjustment. As Florida Bar certified immigration and nationality law attorneys, we have all the necessary skills and experience to file petitions and secure the appropriate visas.

If you need legal assistance with an adjustment of status (AOS), we invite you to read more about our legal solutions and to contact us today at 305-230-4020 to schedule an initial consultation.

Family-based Adjustment of Status

According to the Immigration and Nationality Act, a person’s immigration status can be lawfully changed from temporary to permanent if the individual:

–    Is in the United States
–    Was inspected and admitted into the United States
–    Meets all the requirements for a green card which grants a person permanent residence

This change is referred to as an adjustment of status. With an AOS, a person in the United States does not have to return to their home country for visa processing to obtain a green card. An individual can also receive permanent residence in the United States with a family-based adjustment of status, which is when a family member files a petition on their behalf.

Who can Sponsor a Relative?

You can help a family member immigrate to the United States if:

–    You are a citizen of the United States
–    You are a permanent resident of the United States
–    You are a refugee who was granted asylee status within the past two years
–    You are a refugee who entered the United States within the past two years

To help a family member immigrate to the United States, you need a Form I-130 or a Petition for Alien Relative. An immediate relative of a United States Citizen may be eligible to have this petition filed at the same time they submit one of the following:

–    A Form I-485
–    Application to Register Permanent Residence
–    Application to Register Adjust Status (concurrent filing)

After sending the application for a family-based adjustment of status to the United States Citizenship and Immigration Services, they will contact your family member to schedule an interview at your relative’s local USCIS office.

You may have to attend this meeting, depending on your relationship. For example, if the adjustment application is marriage-based, you will be required to participate. Navigating through this process can be complicated, and seeking legal guidance can increase your chances of achieving a desirable outcome.

Filing on Behalf of Relatives

If you are a United States citizen, you can file a petition on behalf of your:

–    Immediate relatives, including your spouse or child under the age of 21
–    One or both of your parents if you are over the age of 21
–    First preference relatives, including an unmarried son or daughter that are 21 or older, and their children
–    Third preference relatives, including a married son or daughter of any age, and their children
–    Fourth preference relatives, including a brother or sister, their spouses, and their children if you are at least 21 years old

If you are a lawful permanent resident, you can file a petition on behalf of the following family members:

–    Second preference A family members, including a spouse or child under the age of 21
–    Second preference B children that are at least 21 years old.

Securing a Visa for Your Relatives

If the USCIS approves your petition to sponsor a family member’s immigration, the United States Consular office will issue the visa. The issuing time can range from ninety days or 25 years, depending on the relative category and the immigrant’s home country.

Alien Visas

Family members who are not categorized as immediate relatives fall into one of the four limited family-based preference categories. Typically, these relatives will not receive their visas immediately as there are a limited number of permits issued every year.

After receiving the application, the USCIS will assign a future priority date. The applicant will have to wait for this date before filing for a status adjustment or applying for an immigrant visa.

Contact Garcia & Qayum Law Group

To successfully apply for a family-based adjustment, you have to follow the appropriate procedures and fill out the correct forms. The process you have to follow depends on your current status and the relationship with your relative.

For specialist legal guidance in family-based adjustments, contact Garcia & Qayum Law Group, P.A. in Miami, Florida at 305-230-4020 or visit our offices at 3475 W. Flagler St. Miami, FL 33135.

Garcia & Qayum Law Group, P.C. is located in Miami, FL and serves clients primarily in and around Miami and Fort Lauderdale, FL, however we do sometimes act "of counsel", or consult in other cases as well.

This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

3475 West Flagler St. Miami, Florida 33135