Fort Lauderdale Family-Based Visa Attorneys

Serving the South Florida Area Including Miami-Dade, Broward, and Palm Beach Counties

Are you and your loved ones separated by immigration barriers? The Law Offices of Jaime A. Aird, P.A. can help you navigate the complex process of obtaining a family-based immigrant visa. We understand the importance of keeping your family together and will work tirelessly to help you achieve your immigration goals. With more than 15 years of experience, our Fort Lauderdale family-based visa lawyers have helped many clients successfully petition for their loved ones to live and work in the United States.

At the Law Offices of Jaime A. Aird, P.A., our attorneys are committed to providing compassionate, client-focused representation. We understand how stressful and confusing the immigration process can be. Our team will be by your side throughout the entire process, working to guide you through each step. We will help you understand your options and answer any questions you may have. Our team is fluent in both English and Spanish.

Do not navigate the immigration process alone. Call the Law Offices of Jaime A. Aird, P.A. at (954) 866-7719 or contact us online to schedule a consultation with our experienced family-based visa attorneys in Fort Lauderdale.

What Is a Family-Based Visa?

A family-based visa is a type of immigrant visa that allows certain family members of U.S. citizens and Lawful Permanent Residents (LPRs) to become permanent residents of the United States. This means that they can live and work in the United States indefinitely. They may also be eligible to become U.S. citizens through naturalization.

There are two types of family-based visas: immediate relative visas and family preference visas.

Immediate Relative Visas
Immediate relative visas are available to close family members of U.S. citizens. These visas do not have a cap, meaning that there are no limits to the number of immediate relative visas that can be issued each year. Immediate relative visas are available to the following individuals:

• Spouses of U.S. citizens
• Unmarried children (under the age of 21) of U.S. citizens
• Orphans who have been adopted by U.S. citizens
• Parents of U.S. citizens (if the U.S. citizen is at least 21 years old)

Family Preference Visas
Family preference visas are available to certain family members of U.S. citizens and LPRs. These visas are subject to annual caps, meaning that there are limits to the number of family preference visas that can be issued each year. Family preference visas are available to the following individuals:

• Unmarried children (over the age of 21) of U.S. citizens
• Spouses, unmarried children (under the age of 21), and unmarried children (over the age of 21) of LPRs
• Married children (of any age) of U.S. citizens
• Siblings of U.S. citizens

Family preference visas are issued on a first-come, first-served basis. This means that the time it takes to obtain a family preference visa will depend on the number of people who have already applied. The wait time can range from several months to several years.

What Are the Eligibility Criteria for a Family-Based Visa?

The eligibility criteria for a family-based visa will depend on the type of visa you are applying for. In general, however, you will need to meet the following criteria:

• You must be a U.S. citizen or LPR.
• You must be able to demonstrate that you have a qualifying family relationship with the person you are petitioning for.
• You must be able to demonstrate that you can financially support the person you are petitioning for (or that they have a financial sponsor).

The eligibility criteria for a family-based visa can be complex. It is important to work with an experienced immigration attorney who can help you understand your options and guide you through the application process.

What Is the Family-Based Visa Application Process?

The family-based visa application process will depend on the type of visa you are applying for. In general, however, you will need to complete the following steps:

1. File a Petition – The first step in the family-based visa application process is to file a petition with the U.S. Citizenship and Immigration Services (USCIS). The petition is used to establish that you have a qualifying family relationship with the person you are petitioning for. The form you need to file will depend on the type of visa you are applying for. If you are applying for an immediate relative visa, you will need to file Form I-130, Petition for Alien Relative. If you are applying for a family preference visa, you will need to file Form I-130, Petition for Alien Relative, and Form I-864, Affidavit of Support.
2. Wait for Approval – After you have filed the petition, you will need to wait for it to be approved. The length of time it takes to receive approval will depend on the type of visa you are applying for and the number of petitions that have already been filed. Immediate relative visas are generally processed more quickly than family preference visas.
3. Wait for a Visa Number – If you are applying for a family preference visa, you will need to wait for a visa number to become available. As previously mentioned, family preference visas are subject to annual caps. Visa numbers are issued in the order that petitions are filed. This means that you will need to wait for a visa number to become available before you can move on to the next step in the application process.
4. File an Application for Permanent Residence – After a visa number becomes available, you will need to file an application for permanent residence with the USCIS. The form you need to file will depend on whether you are applying for an immediate relative visa or a family preference visa. If you are applying for an immediate relative visa, you will need to file Form I-485, Application to Register Permanent Residence or Adjust Status. If you are applying for a family preference visa, the person you are petitioning for will need to file Form DS-260, Online Immigrant Visa Application.
5. Attend a Biometrics Appointment – After you have filed the application for permanent residence, you will need to attend a biometrics appointment. During this appointment, your fingerprints and photograph will be taken. The USCIS will use this information to conduct a background check.
6. Attend an Interview – After you have attended the biometrics appointment, you will need to attend an interview with an immigration officer. The purpose of the interview is to verify the information you have provided and to determine whether you are eligible for a family-based visa. The interview may be waived in some cases.
7. Wait for a Decision – After you have attended the interview, you will need to wait for a decision to be made. If your application is approved, the person you are petitioning for will be issued a family-based visa. They can then travel to the United States and obtain their permanent resident card.

The family-based visa application process can be complex and time-consuming. It is important to work with an experienced immigration attorney who can help you navigate each step.

What Is a Marriage Visa?

A marriage visa is a type of family-based visa that is available to the spouse of a U.S. citizen. It is also sometimes referred to as a “spousal visa” or a “K-3 visa.” A marriage visa allows the spouse of a U.S. citizen to enter the United States and obtain permanent resident status.

There are two types of marriage visas: immigrant marriage visas and nonimmigrant marriage visas.

Immigrant Marriage Visa
An immigrant marriage visa allows the spouse of a U.S. citizen to enter the United States and obtain permanent resident status. If you are applying for an immigrant marriage visa, you will need to file Form I-130, Petition for Alien Relative. After the petition is approved, you will need to file Form I-485, Application to Register Permanent Residence or Adjust Status. If you are currently residing outside of the United States, you will also need to attend an interview at a U.S. consulate or embassy in your home country.

Nonimmigrant Marriage Visa
A nonimmigrant marriage visa allows the spouse of a U.S. citizen to enter the United States for a limited period of time. If you are applying for a nonimmigrant marriage visa, you will need to file Form I-129F, Petition for Alien Fiancé(e). After the petition is approved, you will need to obtain a K-3 visa from a U.S. consulate or embassy in your home country. After you have entered the United States on a K-3 visa, you will need to file Form I-485, Application to Register Permanent Residence or Adjust Status.

What Is a Fiancé Visa?

A fiancé visa is a type of nonimmigrant visa that is available to the fiancé of a U.S. citizen. It is also sometimes referred to as a “K-1 visa.” A fiancé visa allows the fiancé of a U.S. citizen to enter the United States and get married. After you are married, you will need to file an application for permanent residence in order to obtain permanent resident status.

If you are currently residing outside of the United States and are engaged to be married to a U.S. citizen, you may be eligible to apply for a fiancé visa. The marriage must be legally valid, which means that you must be eligible to get married under the laws of the country in which you are getting married. You will also need to demonstrate that you have a legitimate intention to get married within 90 days of entering the United States.

To apply for a fiancé visa, you will need to file Form I-129F, Petition for Alien Fiancé(e), with the USCIS. After the petition is approved, you will need to obtain a K-1 visa from a U.S. consulate or embassy in your home country. After you have entered the United States on a K-1 visa, you will need to get married and file Form I-485, Application to Register Permanent Residence or Adjust Status. If you are currently residing in the United States, you may also be eligible to apply for a fiancé visa. To do so, you will need to file Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-129F, Petition for Alien Fiancé(e), at the same time. After the petition is approved, you will need to get married within 90 days and file Form I-485, Application to Register Permanent Residence or Adjust Status.

What Is a Family-Based Green Card Interview?

If you are applying for a family-based visa, you will need to attend an interview with an immigration officer. The purpose of the interview is to verify the information you have provided and to determine whether you are eligible for a family-based visa. The interview may be waived in some cases.

You will be notified of the date, time, and location of the interview in writing. The interview will typically be held at a local field office of the USCIS. You will need to bring certain documents to the interview. These documents may include your passport, your birth certificate, your marriage certificate, and your divorce decree. You may also need to bring additional documents to the interview. For example, you may need to bring a copy of your medical examination form.

At the interview, you will be asked a series of questions. You will need to answer these questions under oath. The questions will typically be focused on your eligibility for a family-based visa. For example, you may be asked about your relationship with the person who is petitioning for you. You may also be asked about your criminal history and your immigration history. It is important to answer all of the questions truthfully and accurately. If you do not know the answer to a question, you should say so.

The interview will typically last for less than 30 minutes. After the interview, the immigration officer will make a decision regarding your application. If your application is approved, the person who is petitioning for you will need to pay the immigrant visa fee. Your family-based visa will then be issued. You can then travel to the United States and obtain your permanent resident card.

What Is an Affidavit of Support?

An affidavit of support is a type of legal document that is used to establish that you have a financial sponsor. If you are applying for a family-based visa, you will need to demonstrate that you can financially support yourself (or that you have a financial sponsor). This is because the U.S. government wants to ensure that you will not become a public charge.

If you are applying for an immediate relative visa, you will need to file Form I-864, Affidavit of Support, with the USCIS. This form is used to demonstrate that you have a financial sponsor. If you are applying for a family preference visa, the person who is petitioning for you will need to file Form I-864, Affidavit of Support, with the USCIS. This form is used to demonstrate that you have a financial sponsor.

To file an affidavit of support, you will need to provide certain financial documents. These documents may include your federal tax returns, your W-2 forms, your bank statements, and your pay stubs. You may also need to provide additional documents. For example, you may need to provide a copy of your most recent federal income tax return. You may also need to provide a copy of your most recent IRS tax transcript.