Fairfax Family Immigration Attorneys

Dedicated Legal Service for Clients in Virginia & Nationwide

The family immigration lawyers at Murray Osorio PLLC proudly represent hard-working immigrants who are striving for their American Dream. Our immigration law firm is particularly focused on assisting individuals and their families who want to establish themselves and work in the United States.

What Is Family-Based Immigration?

U.S. citizens and U.S. lawful permanent residents may petition for, or “sponsor,” certain close family members to become permanent residents. Family petitions allow certain relatives to obtain legal permanent residence. These include immediate relatives and family members within the preference categories.

Who Are Immediate Relatives?

The term “immediate relative” is used to define certain immigrant relatives of U.S. citizens. Immediate relatives include:

• Spouses of U.S. citizens
• Children (unmarried and under 21) of U.S. citizens
• Parents of U.S. citizens (The petitioning citizen must be 21 or older.)

For immediate relatives of U.S. citizens, visas are always available, which means that your family member does not need to wait in line for a visa.

What Are Preference Category Family Members?

Preference categories apply to family members who are not immediate relatives. The visas allotted for these categories are subject to annual numerical limits. A visa becomes available to a preference category based on the priority date (the date the Form I-130 was filed). 

Preference categories are grouped as follows:

• First preference: Unmarried, adult sons and daughters of U.S. citizens (adult means 21 or older.)
• Second Preference (2A): Spouses of green card holders, unmarried children (under 21) of permanent residents
• Second Preference (2B): Unmarried adult sons and daughters of permanent residents
• Third Preference: Married sons and daughters (any age) of U.S. citizens
• Fourth Preference: Brothers and sisters of adult U.S. citizens

In most family-based preference categories, with the exception of immediate relatives, there are long waiting periods before the sponsored individual may become a permanent resident. Waiting periods are set for each family-based preference category according to country of birth and are released by the Department of State monthly in their publicly viewable “visa bulletin.”

Need help? Request a consultation with a family-based immigration lawyer in Fairfax at Murray Osorio PLLC by completing a form or calling (800) 929-7142. Se habla español.

Adjustment of Status and Consular Processing

In certain circumstances, petitions can be made with the foreign national within the United States through a process called Adjustment of Status. Alternatively, for those unable to process in the United States or for those abroad, they can immigrate to the United States through a process called Consular Processing.

U.S. citizens may also apply for a fiancé through a K-1 visa. This requires a combination of both consular processing and adjustment of status. Timing is key for this process, as the couple must marry within 90 days of entering the country.

Considerations During the Family Immigration Process

If you are seeking family-based immigration, there are several consideration to make at this time:

• The sponsor will need to be at least 18 years old, living in the United States, and a United States citizen
• All applicants will need to consent to a compulsory medical examination
• There are limits on visas under the family-preference category, but there is no limit on those for spouses, children, or parents of a sponsor

Family Immigration Matters We Handle

Navigating family-based immigration matters can be complex and challenging, which is why you should consult with a knowledgeable lawyer who can advise you on your rights and help you understand which laws will impact your case. Our team at Murray Osorio PLLC can assist with any of the following family immigration cases:

• I-130 Petition for Alien Relative
• Adjustment of Status
• K1 Fiancé Visa
• Violence Against Women Act (VAWA) Self-Petitions
• LGBT+ Family Immigration
• Immigrant Visa Processing
• 245(i) Adjustment of Status
• Waivers of Inadmissibility for Criminal Grounds, Fraud Grounds, Unlawful Presence, and Others
• I-601A Provisional Unlawful Presence Waivers
• Deferred Action for Childhood Arrivals (DACA)
• Temporary Protected Status (TPS)