Family Based Immigration Visas

At Hyder Law, we provide our immigration clients with a comprehensive consultation to identify their eligibility for a family based immigration visa. We guide the petitioner through each step of the process, and we present your petition to the immigration authorities expertly, to ensure success.

The application process for a family based Green Card involves several steps. Here we provide a general overview of the process which is not intended to provide legal advice but rather give you a basic understanding.

Petition to Establish a Family Member Relationship

In the family based visa category, a U.S. Citizen or Permanent Resident files a petition with USCIS on behalf of his/her family member. During a consultation, a Hyder Lawyer will explain to the sponsor which type of family members may be petitioned for, which in turn is based on whether the sponsor is a U.S. Citizen or a Permanent Resident. At Hyder Law, we work with our clients to complete the I-130 and present supporting evidence with expert accuracy.

The first stage of the application process consists of the following applications, evidence, and USCIS fees:

1. Form I-130 Petition for Alien Relative
2. Documentary proof that the petitioner is a U.S. Citizen or Permanent Resident.
3. Documentary proof that the petitioner and the family member are related (and the relative is covered by one of the family based preference categories).
4. The applicable USCIS filing fees.

When the I-130 is approved, you will receive an I-797 Notice of Action. The I-797 is simply the way USCIS tells the sponsor and family member beneficiary that the I-130 petition was successful.

The Quota and Preference System

Once USCIS recognizes the family relationship between the sponsor and the beneficiary, the path to a green card becomes shorter, but the road has not yet ended. The U.S. Congress has set a Quota and Family Preference System to establish the number of visas that are offered per year and when family members can immigrate to the U.S.

This is a complicated system but during your consultation a Hyder Lawyer will explain to you, how soon the family member will be able to immigrate to the U.S. Some family members will have to wait years to immigrate while others may immigrate as soon as all of their paperwork is completed, which may be as little as a few months. The wait time is based on the family member’s country of origin and the type of family relationship he/she has with the sponsor.

Family Members in the Home Country

When the USCIS approves the I-130, it forwards this decision to the National Visa Center (NVC) in the U.S. The NVC will mail out a fee bill to the applicant family member. NVC will also send an information packet which must be completed and returned.

At Hyder Law, we work with our clients to ensure that the information packet is successfully completed and that all supporting documents are presented expertly. Once the information packet is completed and returned to the NVC, the applicant family member will be scheduled for the visa interview at a U.S. Embassy or Consulate designated by the NVC based on the applicant family member’s place of residence. Again, wait time for the visa interview varies.

When the visa application is approved during the interview, the applicant family member will be given a visa to enter the U.S. A Green Card will usually be available within 4 months of the date of U.S. entry.

Family Members in the U.S.

During the consultation, a Hyder Lawyer will discuss any potential issues an applicant family member in the U.S. may face when seeking a Green Card. This is a critical area of immigration law and Hyder Law offers a comprehensive consultation under these circumstances to ensure Green Card success.

Provided certain conditions are met, which a Hyder Lawyer will discuss with you, the applicant family member will be able to apply for a Green Card with the following applications, evidence, and USCIS fees:

1. I-130 Approval Notice (I-797)
2. Form I-485 Application to Register Permanent Resident or Adjust Status
3. Form G-325 A – Biographic Information – for each family member age fourteen or over
4. Passport type Photographs for each family member
5. Filing Fee for each application, which includes the filing fee for an I-765 (Work Authorization) and I-131 (Application for Travel Document) if applicable
6. Copy of Form I-94 (Arrival-Departure Record) for each applicant
7. Copy of any evidence showing continuous lawful status
8. Copy of Passport
9. Form I-864 Affidavit of Support with supporting documentation for each beneficiary; a letter of employment; and copies of income tax returns for the past three years
10. Birth and Marriage certificates (as applicable)
11. Proof of termination of prior marriages if applicable
12. Medical examination report

Affidavit of Support, I-864

The Affidavit of Support is essentially the petitioner’s commitment to the U.S. Government to take financial care of the applicant family member. A Green Card ensures that the applicant family member will have the right to work in the U.S., and therefore have the ability to be self-supporting financially. However, if the family member(s) cannot support themselves, the sponsor is financially responsible for them.

A Hyder Lawyer will work with you to ensure the Affidavit of Support, I-864 is successfully completed and that the supporting documentation is presented expertly.

To learn more about the Affidavit of Support, I-864 please click on the official USCIS link:

Affidavit Of Support

Application to Register Permanent Resident or Adjust Status, I-485

Success on the Application to Register Permanent Resident or Adjust Status means the Green Card is being awarded. A Hyder lawyer will work with you to prepare this critical application and ensure your Green Card success.

To learn more about the Application to Register Permanent Resident or Adjust Status, I-485 please click on the official USCIS link:

Adjust Status

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