Our Immigration Attorney Can Help Clients in Austin Obtain a Green Card Through their Family Member
Do you have a family member who is a United States citizen or a lawful permanent resident? If so one or both parents, you may have a path to get a green card (permanent residency). People who have been granted residency are issued green cards as evidence that they may now permanently reside in the U.S. For most foreign-born individuals, becoming a lawful permanent resident status is a necessary step before one can qualify to become a U.S. citizen.
At J. Sparks Law, PLLC, our Austin green card through family lawyer has the knowledge, skills, and immigration law experience to help you understand your options and navigate the application process. Have any questions about family based green cards? We are here as a resource that you can trust. Contact us at our Austin law office today to set up a fully confidential, no obligation initial consultation with a top-tier Texas immigration lawyer.
What to Know About Green Cards
As described by United States Citizenship and Immigration Services (USCIS), a green card is a lawful permanent resident card and it allows a person to “to live and work permanently in the United States.” A green card not only sets up a path to American citizenship, it also confers the privilege to sponsor certain family members for their own residency. Applicants must navigate a complex application process. You may potentially qualify to apply for a green card through your relationship with a family member.
We Handle All Types of Family Based Green Cards and Other Citizenship and Immigration Services
Family connections make up much of the foundation of the American immigration system. According to comprehensive data cited by the American Immigration Council, nearly 60 percent of immigrants to the United States in 2024 came through a relationship with a family member. At J. Sparks Law, PLLC, we are a boutique immigration law firm that has extensive experience handling family immigration in Texas. From our office in Austin, our family green card lawyers have the skills, knowledge, and experience to help clients with:
- Marital Visas: Marital visas are immigrant visas available to foreign nationals married to American citizens or lawful permanent residents. The most common and most straightforward type of family visa, they allow spouses of U.S. citizens to enter and reside permanently in the country on a permanent basis. The primary types include the CR-1 (Conditional Resident) and IR-1 (Immediate Relative) visas. They differ based on the marriage’s duration at the time the visa is approved. If married less than two years, the spouse receives a CR-1 visa with conditional residency for two years.
- Fiance Visas (K-1): A fiance visa—also known as a K-1 visa—is a specialized type of visa that can allow a person to receive a green card based on their good faith intention to marry an American citizen or lawful permanent resident within 90 days of entering the country. To qualify for a K-1 fiance visa, you must prove a legitimate relationship and good faith intent to marry.
- K-2 Visa: A K-2 visa is a type of family-based visa that can provide a path to a green card to the children of K-1 applicants. To be eligible to qualify for a K-2 visa, the children in question must be under the age of 21, unmarried, and be attached to a qualifying K-1 applicant. If you have any questions about K-2 visas, our Austin family immigration lawyer can help.
- F1 Visas: F1 visas are family-sponsored preference visas for unmarried sons and daughters (21 years and older) of U.S. citizens. These visas enable these people to immigrate to the United States and obtain permanent residency. As there is an annual cap, applicants may face a waiting period. Our Austin family green card lawyer can help you with an F1 visa.
- F2A Visas: Somewhat similar to F1 visa, F2A visas are for spouses and unmarried children (under 21 years) of lawful permanent residents. It is a family-sponsored preference category that allows them to immigrate and obtain a green card. Once again, it is subject to an annual statutory cap. There may be a waiting period.
- F2B Visas: F2B visas cater to unmarried sons and daughters (21 years and older) of lawful permanent residents. The category permits them to immigrate to the United States and obtain a green card. It is also subject to an annual statutory cap. If you have any questions about F2B visas, our Austin green card lawyers are here to help.
- F3 Visas: F3 visas are designated for married sons and daughters of U.S. citizens. The family-sponsored preference category allows them, their spouses, and minor children to immigrate and gain permanent residency. Unfortunately, the waiting period for F3 visas for certain countries can be quite lengthy. There may be a lottery. Our Texas family immigration lawyer can help with an F3 visa application.
- F4 Visas: F4 visas are for brothers and sisters of U.S. citizens who are at least 21 years old. It is a visa category that allows siblings, along with their spouses and minor children, to immigrate to the U.S. and obtain a green card. If you have any questions about F4 visas, our Austin family green card lawyers can help you determine the best course of action.
An Overview of the Family Green Card Application Process in Immigration Law
How does the family green card application process work? The answer depends, in part, on the specific type of green card that you (or your loved one) desires. You do not have to navigate the system on your own. Our Austin family green card lawyer can help. Here are some of the most notable aspects of the family green card immigration application process:
- Determine Your Eligibility: To start, you should identify the family relationship. You need to confirm that the familial relationship qualifies under U.S. immigration law—whether it is your spouse, child, parent, or sibling. Once you know that there is a relationship that qualifies, you should review the sponsor requirements and review beneficiary criteria. Make sure that you are applying for the right type of family green card.
- Obtain and File Form I-130 (Petition for Alien Relative): To apply for a family-based green card, you need to use Form I-130 (Petition for Alien Relative). It is the sponsor who must complete and submit Form I-130 (USCIS). During this part of the process, you should be prepared to gather supporting information and pay the filing fees.
- Wait for Priority Date (for Preference Categories): Your preference category will have major implications for the timeline of your family-based green card application. You should be sure that you understand visa categories. Immediate relatives who have visas immediately available. On the other hand, preference categories may face wait times. Be sure to maintain your status. Notably, beneficiaries outside immediate categories must wait until their priority date becomes current.
- Prepare for and Attend the Interview: As the process moves forward, the National Visa Center (NVC) will schedule an interview at the appropriate U.S. embassy or consulate. You need to be prepared for the interview. Be sure you carefully organize all relevant documentation. A consular officer assesses the application and, during the interview, asks questions to verify your eligibility. The officer may approve or deny the family visa application based on the interview and documentation.
- Arrival, Admission, Issuance of Your Green Card: Ideally, your family-based green card application will be approved. If so, you will gain the authorization to travel to the United States. Upon arrival, you must present a visa packet to Customs and Border Patrol (CBP) officers at the port of entry. It is the CBP that admits the beneficiary as a lawful permanent resident. Soon after, the physical green card is mailed to the U.S. address that you provided.
How Our Austin, TX Immigration Lawyer Can Help
Green card applications are complicated. If you are trying to navigate the family immigration system in the United States, you can benefit from securing top-tier professional legal representation. Our founding attorney Julie Sparks is one of the few lawyers who is Board Certified by the Texas Board of Legal Specialization in Immigration and Nationality Law. Do not go it alone. Along with other things, our Austin family-based green card attorney is prepared to:
- Conduct a comprehensive, confidential review and evaluation of your case;
- Help you gathering supporting documentation and answer your questions; and
- Develop a strategy to help you get the best outcome in your family green card case.
We are committed to personalized legal guidance and support for our clients’ immigration process. We know that no two families are exactly alike. Our Austin immigration lawyer is prepared to invest time and resources your immigration journey to protect your rights and your interests. We have a proven record of immigration case results.
Contact Our Texas Family-Based Green Card Lawyer Today
At J. Sparks Law, PLLC, our Austin immigration attorney has the skills and experience to handle all types of family-based green card holder and cards. If you have any specific questions or concerns about the family-based immigration process, we are here to help with the entire process. Our legal team alone has helped immigrants from more than 110 countries navigate the process and obtain their American dream of United States Citizenship and family-based immigrant visas. Call our family based immigration lawyer now or connect with us online for a fully confidential consultation. With an office in Austin, we handle green card matters and other immigration cases throughout Texas.
FAQ’s
Typically, those who live in another country outside of the U.S. will have their lawful permanent residence interview in their country of citizenship. For those immigrants already in the U.S., some qualify to apply for the green card process or adjustment of their immigration status and have their green card interviews at their local USCIS office. For others in the U.S., returning to their home country is the only option.
Adjustment of status is for immigrants already present in the U.S. who are applying for residency and want USCIS to make a decision on their application. Adjustment of status is when someone who is undocumented or here on a temporary visa applies to become a conditional or permanent resident and wants to complete the entire process inside the U.S.
Those who want to seek adjustment of status must have entered the U.S. with inspection, such as on a temporary work visa or a tourist visa. This is the key requirement that presents problems for some immigrants. If the immigrant entered without inspection, such as walking across the border illegally instead of crossing at the port of entry, then adjustment of status is not an option unless the immigrant has a 245(i) petition filed years ago by a family member or employer.
For immigrants who do not qualify under 245(i) and who entered the U.S. without being inspected, the only way to receive residency through a family member’s I-130 petition is through something commonly known as “consular processing.” This is where the I-130 approval notice is sent to the National Visa Center and later to a consulate outside the U.S. The immigrant can then choose to leave the U.S. and have a consular officer in their home country make a decision on an immigrant visa application. If an immigrant visa is issued, the immigrant can return to the U.S. and a green card will later be issued by mail.
Consulting with an attorney prior to your departure from the U.S. is critically important. It is very stressful for an undocumented immigrant to leave the U.S. without knowing whether or not the immigrant visa will be approved. Understanding the level of risk one will face can be very helpful in making the decision to stay or leave.
Many immigrants who are present in the U.S. with an interview scheduled in their home county will need a waiver in order to return to the U.S. quickly. Some waivers can be filed before the immigrant leaves. Others cannot, and the immigrant will be required to wait for a lengthy amount of time outside the U.S. Anyone who is considering leaving the U.S. for an interview abroad should ensure that they have correct legal advice prior to their departure.
Everyone who is granted residency becomes a permanent resident for life except for those in one category – Conditional Residents. For those who have been sponsored by a spouse through a recent marriage, if residency is granted, a green card will be issued that is only valid for two years. In the 90 days prior to the expiration of that card, the immigrant is required to file a petition to remove the conditions so that USCIS can issue life-time residency. Failure to file this petition can result in loss of legal status completely and placement into removal proceedings where one could be ordered removed from the U.S. Anyone with a 2-year green card should consult with an experienced immigration attorney to ensure that the correct petition will be timely filed. Sparks Law has encountered many immigrants over the years who either failed to file the required petition and became undocumented or who filed the wrong USCIS paperwork and ended up in the same situation. Getting the correct information and planning ahead could save much time and stress for the couple and provide peace of mind.
Those with 10-year green cards are considered residents of the U.S. for the rest of their lives unless a judge decides otherwise or unless they abandon their residency by leaving the U.S. for a lengthy period of time. When a 10-year green card expires, this does not mean that the immigrant loses legal status. However, it is advisable to renew the card to ease international travel, satisfy future employers and ensure the ability to gain state-issued documents such as driver licenses.
Those seeking residency, through adjustment of status or consular processing, must prove that they are not disqualified because of their record or that they qualify for a waiver to forgive the criminal record. Many types of crimes make the immigrant inadmissible, and only certain types of crimes can be waived. Some immigrants have convictions that simply cannot be overcome through the immigration process. It is very important to know what the consequences are of filing a residency application before you file. For example, USCIS has the ability to deny residency and issue a Notice to Appear in removal proceedings before an immigration judge.
A qualified attorney can assess the risk an immigrant may take in filing an I-485 application for adjustment of status so that he or she can make an informed decision before applying.
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