Family Immigration Lawyers in San Jose
Helping Clients Unite with Loved Ones Legally
Our team takes every immigration case seriously. However, some of the most vital and rewarding cases we take on include family members who are trying to reunite on American soil. We realize that a crucial part of the American dream is being with loved ones as you experience the freedom and opportunity that come with residing legally in the United States. However, immigration law can be complex and frustrating, requiring family members to wait months or even years to achieve their immigration goals. Sadly, some innocent families are torn apart because they failed to submit applications and follow U.S. laws properly.
If you or your loved one is seeking legal status or citizenship, you need an immigration attorney to guide you through this complicated process. A family immigration lawyer in San Jose will ensure you file petitions in a timely manner to avoid delays. Your attorney will also help gather the correct documentation and evidence to give your case the best chance of approval with USCIS.
At The Law Offices of Daniel Shanfield Immigration Defense P.C., our immigration attorneys have over five decades of experience helping families reunite on American soil. If that is your goal, we can help you and your immediate relatives qualify for visas, obtain green cards, and become United States citizens. You can rely on our immigration services in difficult times. Call 408-359-4388 to speak with our legal team about how we can help you.
What Is the Immigration Process for Family Immigration?
United States immigration law permits potential immigrants to petition for visas and legal residency based on family relationships. However, to eliminate fraudulent petitions, the application process involves a great deal of scrutiny. Hiring a family immigration lawyer can help you navigate the legal process and increase your chances of approval.
Some key steps in the family-based immigration process include:
- File a petition – The legal resident of U.S. citizen begins the process by filing Form I-130 to petition on behalf of their family member.
- Establish the relationship – USCIS will respond with requests for evidence, including birth certificates, marriage certificates, and other documents that prove the legitimacy of the familial relationship.
- Petition approval – The applicant must then wait for approval to move forward toward obtaining a visa.
- Apply for a visa or adjustment of status – Depending on the applicant’s location, they may apply for a visa through consular processing (outside the U.S.) or through an adjustment of status with Form I-485.
- Provide additional documents and attend interviews – If USCIS requires, the applicant may be subject to in-person interviews and required to submit additional documentation.
- Receive the final decision – The citizen or permanent resident and their family must then await the final decision on whether they are approved for a green card.
Each case is different, so it is essential to consult with San Jose immigration lawyers for help submitting the correct forms and documents to ensure the best chances of success.
What Visas Can Help Me Unite with My Loved Ones?
Lawful permanent residents and U.S. citizens can sponsor a family member for immigration into the country, depending on the relationship and other factors. The kind of visa you need will depend on the family relationship and unique needs of your other family members. For example, specific visas exist for a fiancé, spouse, child, married child, sibling, and parent. Speaking with trusted immigration attorneys is the best way to get an accurate idea of what visa you need and how to file the proper petition.
United States visas for immediate relatives include the following:
- Immediate relative visas (IR) for close relatives of US citizens, such as the IR1 for a spouse, IR2 for children, and IR5 for parents
- Family preference visas for other family members who wish to immigrate, including F1 visas for unmarried children over age 21, F3 visas for married children, and F4 visas for siblings
- F2 visas for green card holders whose spouses and unmarried children wish to immigrate legally
- Fiancé visas, such as K1 and K2 visas for fiancés of US citizens and their children
Applying for each visa comes with unique challenges and requirements. Please be aware that a limited number of visas are available each year, so you should begin the process as soon as possible to increase your chances of approval. It would be best if you also considered using the immigration services of a respected law firm like The Law Offices of Daniel Shanfield Immigration Defense P.C. for knowledgeable attorneys who will fight for your family’s right to be together on American soil.
Which Family Members Qualify for Dependent Visas?
The immigration process varies depending on the type of relationship between the two individuals. For example, a spouse or child of a U.S. citizen will go through a different process than the child’s spouse and children. Lawful permanent residents may also sponsor legal entry on behalf of certain relatives. However, regardless of the relationship, each prospective immigrant must demonstrate that a few key facts are true.
U.S. law requires the following to be true of individuals entering the United States, except in certain unusual circumstances:
- A US citizen or lawful permanent resident must sponsor the individual.
- The petitioner must provide legitimate evidence of the relationship, such as certain legal documents, such as a birth certificate or marriage certificate.
- The petitioner must show that they are able to financially support the family members seeking to enter the United States.
- The prospective immigrant must demonstrate good moral character and fulfill other requirements, such as a clean criminal history.
Please remember that in certain circumstances, some of these conditions may be waived, such as in cases where the individual has been abused and wishes to obtain a green card without the sponsorship of their abusive spouse, or those helping with criminal investigations. Our immigration attorneys can help you get the consideration you need, even in unusual circumstances. Contact our law firm right away to learn more.
What Are Some of the Challenges of Trying to Immigrate to the United States?
Some common challenges that arise during the immigration process include:
- Delays and uncertainty, which can cause a high amount of stress for applicants and their loved ones
- Lengthy processing times
- Complex immigration laws that change constantly
- Time-consuming file preparation requirements, such as submitting extensive documents to prove family relationships
- Rigorous approval process, requiring legible and complete documentation
- Limited visa availability, which can lead to long waits
- Separation from loved ones, causing a great deal of emotional stress
- Language barriers preventing immigrants from understanding legal procedures and requirements
- Financial burden of the immigration process
Obtaining permanent residence or citizenship can seem impossible at times. However, our law office has successfully helped countless individuals overcome the challenges of these immigration matters and more. We can help you get the family visas you need on your journey toward United States citizenship.
How Can Your Immigration Lawyers Help Me Unite with My Family Members in the U.S.?
When your family is facing the complex process of family immigration, you need a legal professional to assist you. An experienced immigration attorney can guide you through the immigration system, providing services and legal representation, often in your native language. An attorney can offer personalized service based on your family’s situation and goals. They can identify which visa petitions match your needs and get you started with the petition process.
Having the help of a lawyer can make all the difference in your family’s chances of success. A legal professional can gather the correct documents and ensure everything is submitted according to USCIS requirements. They can help with a wide range of immigration matters, including getting work permits and establishing familial relationships.
Should You Hire Our San Jose Family Immigration Lawyers?
Choosing a law firm can be difficult with the many immigration attorneys in the Bay Area. At The Law Offices of Daniel Shanfield Immigration Defense P.C., our founding attorney has served as a federal immigration prosecutor, giving our legal team unique insights that other law firms simply don’t have. We promise to leverage our experiences and skills to get you the best results possible in your immigration case.
Our immigration services are based on over five decades of experience with an excellent track record and an A+ rating from the Better Business Bureau. We will support you legally and emotionally during this challenging time. Let us use our knowledge and understanding of immigration law to achieve your goals of being together with your family in the United States.
We will explain your options and communicate effectively so you are a full participant throughout the process. Call 408-359-4388 right away to discuss your family’s needs with our compassionate, capable legal team.