Trusted Family-Based Immigration Lawyer in Philadelphia, PA

A core tenet of U.S. immigration policy is that families should be kept together when possible. The good news is that getting family-based immigrant visas in Philadelphia, PA, and the surrounding areas has never been easier than with the expert advice of the team at Henry & Grogan.

If you need help reuniting or keeping your family together, call our family-based immigration lawyers in Philadelphia today. Michael Henry and Devin Grogan work as a team to utilize their well-rounded strengths to provide effective representation at affordable rates.

Who Can Sponsor a Family Member for Immigration?

United States immigration law allows certain individuals to sponsor eligible family members for lawful permanent residency, commonly known as obtaining a green card.

In many cases, to begin the process of obtaining a family-based immigration visa, the petitioner (the person living in the U.S.) must be either a U.S. Citizen or a Lawful Permanent Resident (LPR/Green Card holder). However, sponsorship eligibility depends on the sponsor’s immigration status and relationship to the applicant.

U.S. Citizens

U.S. citizens generally have the broadest ability to petition for family members. They may sponsor:

  • Spouses
  • Parents
  • Children
  • Siblings
  • Fiancés seeking marriage-based immigration benefits

Lawful Permanent Residents (Green Card Holders)

Lawful permanent residents, also known as green card holders, may also sponsor certain relatives, including spouses and unmarried children. However, permanent residents have more limitations than U.S. citizens, and wait times for visa availability may be significantly longer depending on the category.

A family immigration lawyer in Philadelphia can help determine whether you are eligible to sponsor a loved one and explain which immigration pathway best fits your situation.

We Help With Immediate Relative Visas & Family Preference Visas

How do you know which type of visa you need for your family member? One of the most important aspects of family immigration is understanding the difference between immediate relative visas and family preference visas. These two categories often involve different requirements and processing times.

Immediate Relative Visas

Immediate relative visas are available to close family members of U.S. citizens. This category generally includes:

  • Spouses of U.S. citizens (such as a K-3 visa)
  • Unmarried children under 21 of U.S. citizens
  • Parents of U.S. citizens who are at least 21 years old

Immediate relative visas are often processed more quickly because they are not subject to annual visa caps. This means there is no numerical limit on how many visas may be issued each year within this category. Even so, applicants must still complete extensive documentation and comply with all immigration requirements.

Family Preference Visas

Family preference visas apply to more distant family relationships or qualifying relatives of lawful permanent residents. These visas are subject to annual limits, which often create lengthy waiting periods. Categories may include:

  • Unmarried adult children of U.S. citizens
  • Married children of U.S. citizens
  • Siblings of U.S. citizens
  • Spouses and unmarried children of lawful permanent residents

Because family preference categories are capped annually, applicants may wait several years before a visa becomes available. A family-based immigration lawyer can help families understand visa bulletin updates, filing timelines, and what to expect during the process.

We Also Assist With Fiancé Visas

If you’re a U.S. citizen or a permanent resident — that is, someone who already holds a green card — and you’re hoping to bring your fiancé to the United States, you’ll need to ensure they apply for a K-1 Visa. This type of fiancé visa allows a U.S. citizen who is engaged to marry a foreign citizen to bring them to the United States. After their arrival, it’s necessary for the marriage to occur within no more than 90 days of their arrival. Failure to do so can result in their immigration being denied by the government and them having to return to their country of origin. Let our family immigration lawyers in Philadelphia help you apply for the K-1 visa and stay compliant with other regulations.

Immigration Letters of Recommendation for Family Members

An expertly written letter of recommendation can be the difference between citizenship being granted or denied to your family members. Legal family unification immigration is made possible when letters of recommendation are presented to the judge dealing with the immigration case. These letters help people involved in legal proceedings assess the person involved in the immigration process and determine whether they are of good character or not. Our family-based immigration lawyers can help you understand what to include in this letter.

Other Family-Based Immigration Matters

Our family immigration lawyers in Philadelphia, PA, also assist with:

Common Mistakes to Avoid in Family-Based Immigration Cases

Filing an application for a family member seems straightforward on the surface, but a small error can lead to long delays or a denial. In fact, we see quite a few people come to our office after making preventable mistakes.

Some of the most common errors people make when filing for a family-based visa include:

  • Submitting incomplete or inaccurate paperwork
  • Using old, outdated paperwork
  • Miscalculating the sponsor’s income for the Affidavit of Support (Form I-864)
  • Submitting insufficient proof of a relationship (for example, with a spouse, you need a marriage certificate and evidence of a shared life)
  • Responding incorrectly or too late to a Request for Evidence (RFE)
  • Failing to properly address previous immigration violations, visa overstays, and histories of criminal activity

A family-based immigration attorney in Philadelphia can help you prepare a complete and accurate petition from the start, addressing these potential problems before they arise.

Frequently Asked Questions About Family Immigration

We field a lot of questions at our Philadelphia office. Here are direct answers to some of the most common ones we hear about family immigration.

What is the difference between a green card and a visa?

A travel visa, like a tourist or K-1 fiancé visa, gives a person permission to enter the U.S. for a specific purpose and for a limited time. A green card, officially called a Lawful Permanent Resident Card, grants the holder the right to live and work in the United States indefinitely. The family-based immigration visa process is typically the first step toward getting a green card from abroad.

What evidence proves a marriage is real?

USCIS looks for proof of a “bona fide” marriage, meaning you didn’t get married just for an immigration benefit. An experienced family-based immigration attorney can help you compile strong evidence. This includes documents showing co-mingled finances like joint bank accounts or tax returns, a lease or deed with both names, photos together over time (especially with family and friends), and affidavits from people who know you as a couple.

What happens if my fiancé doesn’t arrive within the visa timeframe?

A K-1 fiancé visa requires your fiancé to enter the U.S. and marry you within 90 days. This is a strict, non-negotiable deadline. If the marriage does not happen in that window, the K-1 visa status expires. Your fiancé would then have no legal status in the U.S., which could create significant future immigration problems, including removal proceedings. It’s also important to note that you cannot file for an adjustment of status based on the expired K-1 visa.

Do I need an immigration lawyer to file for my spouse?

The government does not require you to hire a lawyer. You can complete and file the paperwork yourself. However, the process for a marriage visa involves much more than just filling out forms. It requires collecting specific evidence, presenting your case clearly, and meeting every legal requirement. A mistake can cost you months of time and thousands in fees. We provide legal advice to prevent those mistakes and handle complex issues if they appear.

Can I apply for my sibling to come to the U.S.?

Yes, if you are a U.S. citizen and at least 21 years old, you can petition for your brother or sister. You should know that this is one of the longest immigration waiting periods. Due to annual limits, the wait time for this family visa category can be well over a decade, sometimes longer, depending on their country of origin.

Can undocumented family members be sponsored?

This is a very complex question and depends entirely on the person’s specific circumstances, particularly how they entered the country.

Sponsoring a relative who entered without inspection (illegally) is very difficult and risky. Attempting an adjustment of status inside the U.S. may not be an option. For many, leaving the country to process at an embassy is required, which could trigger a 3- or 10-year bar to reentry. Approaching this situation without sound legal advice is dangerous and could lead to deportation.

(Related: We provide legal support to defend against removal and deportation.)

How do I get a work permit while my case is pending?

If your relative is in the United States and has applied for adjustment of status, they can typically file a Form I-765, Application for Employment Authorization, at the same time. This allows them to obtain a work permit while waiting for the green card decision. The processing time for the work permit can take several months.

Contact a Family-Based Immigration Lawyer in Philadelphia Today

Keeping families together is one of the most important goals of the immigration system, but the legal process can quickly become overwhelming. So, if you are looking to apply for a family-based immigration visa for a spouse, child, parent, or sibling, hire an experienced lawyer to help you move forward with confidence and clarity.

At Henry & Grogan, we are proud to help families throughout Philadelphia navigate the immigration process with compassionate support and dedicated advocacy. Our legal team understands the emotional and legal challenges involved in family immigration cases, and we are committed to helping clients pursue the best possible outcomes.

Contact our firm to get started today. We offer free consultations and are ready to discuss your case, answer your questions, and help you take the next step toward reuniting your family in the United States.