Experienced Family-Based Immigration Attorney In San Jose And Throughout The Silicon Valley
At Fok Immigration Law, we believe that family is at the heart of immigration. Bringing families together in the United States is one of the most rewarding parts of our work. We are based in San Mateo and San Jose, serving immigrants and businesses throughout the Silicon Valley with dedication and care. Our family immigration attorneys have over 25 years of combined experience helping people get green cards for their loved ones. You can rely on our honesty and accessibility as we guide you through the family-based immigration process, making sure you understand every requirement and step.
Why Hire Us For Family Immigration?
Choosing the right family immigration lawyer makes a huge difference in the outcome for those seeking San Jose family-based green cards. Our family immigration lawyers have the experience and deep understanding of immigration laws that you need to make smart choices. We educate you on the options available and help you determine the best visa for your family’s needs. Our flat-fee structure ensures that you can call us without worrying about minute-by-minute charges. We aim to make this process as smooth and stress-free as possible. With us, you are never just another client; we give you the attention that you deserve.
Types Of Family Immigration Services We Provide
It can seem overwhelming to consider family green cards, but we make it simple. We handle a wide range of family-based immigration topics. Just a few of these include:
- Green cards for U.S. citizens or adjustment of status for spouses residing within the U.S.: This process allows spouses physically in the U.S. to apply for permanent residency without returning to their home country.
- Green cards for U.S. citizens or consular processing for spouses residing outside the U.S.: Spouses outside the U.S. can apply for residency through their local U.S. consulate.
- Green cards for K-3 visas for U.S. citizen spouses outside the U.S.: This visa allows spouses of U.S. citizens to enter the U.S. while their green card application is processed.
- Fiancé visas (K-1): This visa permits foreign fiancés to enter the U.S. to marry their U.S. citizen partner.
- Green cards for parents of U.S. citizens: Citizens can petition for their parents to live permanently in the U.S.
- Green cards for children of U.S. citizens or green card holders: Children can gain permanent residency through their citizen or resident parents.
- Green cards for siblings of U.S. citizens: Citizens can sponsor their siblings for residency.
- Green card renewal/replacement (I-90): Permanent residents can renew or replace an expiring, lost, stolen, or damaged green card and update name or biographic information.
- Reentry permit (I-131): This allows green card holders to travel abroad for temporary, extended periods, generally up to two years.
You will always have a family-based immigration attorney to advise you of the upcoming steps and help you prepare.
The Family-Based Green Card Process
If the applicant is outside the United States (or not eligible to adjust in the U.S.), the case moves forward through consular processing. The steps can vary depending on the relationship between the sponsor and the applicant. Having handled thousands of family-based green cards, we can help you with every stage. This is an overview of the process:
- Determine eligibility: The first step is to determine if the family member you wish to sponsor is eligible for a family-based green card. Immediate relatives have the highest priority and do not have to wait for a visa number.
- File Form I-130: If you are the sponsor, you must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS).
- Receive I-130 approval: Once USCIS approves Form I-130, it will send the approved petition to the National Visa Center (NVC). The NVC will begin processing the application.
- Visa availability: For nonimmediate relatives, such as unmarried children over 21, married children and siblings of U.S. citizens, visa availability is based on preference categories. Applicants must wait for their priority date to become current.
- Submit visa application: When the priority date is current, the applicant can submit Form DS-260, Immigrant Visa Electronic Application, to the NVC.
- Prepare for the interview: The NVC will schedule an interview at the U.S. embassy or consulate in the applicant’s home country. In the interview, a consular officer will assess their eligibility for a green card.
- Enter the U.S.: After receiving the immigrant visa, the applicant can travel to the United States. Upon entry, they will receive a stamp in their passport, which serves as a temporary green card.
- Receive the green card: The applicant will receive their permanent resident card (green card) by mail within a few weeks of entering the United States.
If the applicant is in the United States and eligible to apply here, they may pursue Adjustment of Status by filing Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS, often together with Form I-130 for immediate relatives. We help you determine eligibility, whether concurrent filing is possible, and which route best fits your family’s situation and goals.
Completing the family-based green card process can be complex, but with careful preparation and understanding of each step, it can lead to a successful reunion with family members in the United States. By seeking guidance from a family-based green card lawyer, you can navigate the process more effectively and avoid potential pitfalls.
Who Can I Sponsor For A Family-Based Green Card?
U.S. citizens and lawful permanent residents can sponsor certain qualifying family members for green cards, though eligibility varies based on the sponsor’s immigration status.
U.S. citizens can sponsor spouses, unmarried and married children of any age, parents (if the citizen is at least 21 years old) and siblings (if the citizen is at least 21 years old). These relationships fall into immediate relative or family preference categories, affecting processing timelines.
Lawful permanent residents have more limited sponsorship options, restricted to spouses and unmarried children. Green card holders cannot sponsor parents, married children or siblings until they naturalize and become U.S. citizens.
Sponsors must meet financial criteria demonstrating the ability to support sponsored family members. Affidavits of support require showing household income at least 125% of the federal poverty guidelines. Sponsors unable to meet income thresholds may use household members’ income or joint sponsors meeting financial requirements.
How Long Does The Family-Based Green Card Process Take, And What Factors Affect The Timeline?
Family-based green card processing timelines vary dramatically depending on relationship type, the sponsor’s immigration status and the foreign national’s country of origin. Immediate relative categories including U.S. citizen spouses, parents and unmarried children under 21, face no numerical limitations and are typically processed within 12 to 24 months.
Family preference categories face annual visa number caps, creating backlogs extending years or decades. The first preference (unmarried adult children of U.S. citizens) waits several years. Second preference (spouses and unmarried children of lawful permanent residents – subdivided into F2A for spouses and minor children and F2B for unmarried adult children) generally sees shorter waits for F2A but longer waits for F2B. Third preference (married children of U.S. citizens) and fourth preference (siblings of U.S. citizens) face the longest waits, often exceeding 10 to 20 years for applicants from countries with high demand like Mexico, Philippines, India and China.
Processing location significantly impacts timelines, with adjustment of status and consular processing experiencing varying timeframes depending on workload and case complexity.
What Are The Differences Between Adjustment Of Status And Consular Processing For Family Green Cards?
Adjustment of status allows foreign nationals already physically present in the United States to apply for permanent residence without leaving the country. Applicants file forms with USCIS, maintain their current status during processing and may apply for work authorization.
Consular processing requires foreign nationals to complete immigration processing through U.S. embassies or consulates in their home countries. This pathway suits individuals residing abroad or those ineligible for adjustment of status. Approved applicants receive immigrant visas allowing U.S. entry, with green cards mailed after arrival.
Bring Your Family Home With A San Jose Immigration Attorney
At Fok Immigration Law, we are committed to reuniting families – including yours. Contact us at 650-546-7020 or 408-212-7014 or send me an email to schedule a consultation. Let our family-based green card lawyers in San Jose help you bring your family together in the United States.