Child Citizenship Act: Automatic Citizenship for Adopted and Biological Children Abroad

Apr 17

Bringing Loved Ones Together: Your Path to Reunion and Relief Through Lawful, Strategic Immigration Solutions

At Sharma Law Associates, LLC, we understand the importance of family unity and the complexities of the U.S. immigration process. As experienced family-based immigration lawyers in New York, we are dedicated to helping U.S. citizens and lawful permanent residents reunite with their family members through legally sound, efficient strategies.

Family-based immigration remains the most common and powerful way to obtain lawful permanent residency in the United States. However, the process is far from simple. Without skilled legal guidance, visa caps, documentation requirements, wait times, and evolving government policies can create overwhelming roadblocks. That’s where we come in.

Our New York family-based immigration attorneys provide personalized legal support, ensuring you never feel alone in this complex process. We help you navigate each step, from determining eligibility to preparing thorough documentation and ensuring your petition is processed correctly and efficiently.

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What Is Family-Based Immigration and How Does It Work?

Family-based immigration is the process that allows U.S. citizens and green card holders (lawful permanent residents) to sponsor specific relatives, such as spouses, children, parents, and siblings, to come and live permanently in the United States. The system is rooted in the goal of keeping families together, but immigration law defines which family members are eligible and under what conditions.

There are two primary categories of family-based immigration:

Immediate Relative Immigrant Visas

This category is reserved for the closest relatives of U.S. citizens and is not subject to annual visa limits. That means processing is typically faster.

Immediate relatives include:

Spouses of U.S. citizens
Unmarried children under 21 of U.S. citizens.
Parents of U.S. citizens (sponsor must be at least 21 years old).

Because there is no numerical cap, these applications are often prioritized and processed more quickly than others.

Family Preference Immigrant Visas

This category includes more distant relatives of U.S. citizens and specific relatives of green card holders. Unlike immediate relative visas, these are subject to strict annual quotas, which can result in long wait times depending on the relationship and country of origin.

The family preference categories include:

F1 (First Preference): Unmarried sons and daughters (21 and older) of U.S. citizens.
F2A (Second Preference): Spouses and minor children of lawful permanent residents.
F2B: Unmarried sons and daughters (21 and older) of lawful permanent residents.
F3 (Third Preference): Married sons and daughters of U.S. citizens.
F4 (Fourth Preference): Brothers and sisters of U.S. citizens (sponsor must be 21 or older).

Who Is Eligible to Sponsor a Family Member Immigrating to the U.S.?

Before a family-based immigration petition can be filed, the U.S. petitioner must be eligible to serve as a sponsor. The sponsor’s role is crucial, as they are responsible for financially supporting the family member seeking a green card and ensuring they do not become a public charge. Eligibility depends on the sponsor’s immigration status and the nature of the relationship to the family member seeking a green card.

While U.S. citizens can petition for a broader range of relatives, lawful permanent residents are more limited in who they may sponsor. Understanding these distinctions is critical to ensuring your petition is accepted and not delayed or denied due to ineligibility. Our New York family-based immigration attorneys help you assess your ability to sponsor and guide you through the next steps if you're ready to move forward.

U.S. Citizens May Sponsor:

Spouse.
Children (unmarried or married, any age).
Parents (if the sponsor is at least 21).
Siblings (if the sponsor is at least 21).

Lawful Permanent Residents May Sponsor:

Spouse.
Unmarried children under 21.
Unmarried sons and daughters over 21.

Green card holders cannot sponsor parents, married children, or siblings.

What Is the Application Process for Family-Based Immigration?

Successfully sponsoring a relative for immigration involves multiple steps and agencies. A single misstep can delay or jeopardize the entire process. We guide you through each phase with clear, step-by-step legal counsel.

Step 1: File Form I-130, Petition for Alien Relative

This form establishes the qualifying family relationship. The sponsor (U.S. citizen or permanent resident) must submit the I-130 to U.S. Citizenship and Immigration Services (USCIS) and evidence of the familial connection.

Step 2: Wait for Approval and Visa Availability

Immediate relatives: No visa cap exists, so that petitions can proceed once approved.
Family preference categories: These cases require waiting for visa availability under the quota system. This step may take months or even years, depending on demand and country of origin.

Step 3: Consular Processing or Adjustment of Status

Consular Processing: If your relative is outside the U.S., they’ll complete the immigrant visa process through a U.S. consulate abroad.
Adjustment of Status: If your relative is lawfully in the U.S., they may be eligible to file Form I-485 to adjust status without leaving the country.

Each route has specific requirements and risks, especially in cases involving prior overstays or visa violations. That’s why it’s essential to work with a knowledgeable New York family-based immigration lawyer from the outset.

How Long Does Family-Based Immigration Take?

Processing times for family-based immigration can vary significantly depending on several factors, and understanding what affects the timeline is essential for setting realistic expectations. Immediate relatives of U.S. citizens benefit from shorter wait times due to unlimited visa availability. At the same time, preference-based categories are subject to annual limits and per-country caps that can delay processing for years.

Additionally, USCIS backlogs, consular workload, and the completeness of your application can all influence how quickly your petition moves forward. At Sharma Law Associates, we monitor these timelines closely and help families stay informed and prepared throughout every phase.

What Are Common Challenges in Family-Based Immigration Cases?

While family-based immigration offers a vital pathway to reuniting loved ones, the process has obstacles. Even seemingly minor issues—like incomplete documentation or misfiled forms—can result in significant delays or denials. Other challenges, such as previous visa overstays, inadmissibility concerns, or insufficient proof of the family relationship, can complicate an otherwise straightforward petition. These problems are often avoidable with proper legal guidance. Working with a knowledgeable New York family-based immigration attorney is essential. At Sharma Law Associates, we anticipate these challenges early and take proactive steps to protect your petition and move it forward efficiently.

Why Hire a New York Family-Based Immigration Attorney?

Family-based immigration may appear straightforward, but it is governed by complex rules, long waitlists, and shifting interpretations of eligibility.

With so much at stake, hiring a skilled attorney offers clear advantages:

Accuracy: Prevent errors that lead to costly delays.
Strategy: Choose the best filing method and anticipate issues.
Support: Navigate communications with USCIS and consulates.
Advocacy: Respond effectively to RFEs, denials, or complications.
Efficiency: Reduce wait times through proper filing and case preparation.

Sharma Law Associates is proud to be a trusted resource for families throughout New York and beyond. We bring clarity, professionalism, and genuine care to every matter we handle.

Why Choose Sharma Law Associates for Family Immigration?

As a leading New York family-based immigration law firm, Sharma Law Associates has built a reputation for excellence in strategy and service. We don’t just process forms—we build lasting legal solutions for families.

We provide:

Clear eligibility assessments based on your unique family situation.
Meticulous preparation of Form I-130 and supporting evidence.
Support for adjustment of status or consular processing.
Interview readiness coaching and long-term status planning.
Representation before USCIS, NVC, and consulates worldwide.

You’ll always know where your case stands and never face the process alone.

Speak With a Family-Based Immigration Lawyer in New York Today

Family is everything. If you are ready to sponsor a loved one or want to explore your immigration options, Sharma Law Associates is here to help. Our team of experienced family-based immigration attorneys in New York City will guide you through every stage of the process with care, precision, and personalized attention.

Contact us at 646-760-6339, online, or schedule a personalized consultation on our calendar today and take the first step toward reuniting your family.

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