Family-Based Immigration Lawyers in Philadelphia

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.

Options for Family-Based Immigration Visas in Philadelphia, PA

In order to be eligible for legal family unification immigration services, American citizens or permanent residents who are in the U.S. on a legal basis must sponsor relatives. Doing this is the essential first step towards unifying your family in and around the Philadelphia area. Legal family unification immigration is something that must be done “by the book” in order to reduce the likelihood of any upset for your family. Our family-based immigration lawyers in Philadelphia can help keep you and your loved ones together.

Immediate Relatives of U.S. Citizens

Immediate relatives include spouses, unmarried children under the age of 21, and parents of U.S. citizens. For these family members, the U.S. does not limit the number of immigrant visas available each year, which generally allows for a faster reunification process.

The process begins with the U.S. citizen filing an immigrant visa petition on behalf of their immediate relative. Once approved, the relative can apply for a visa through consular processing outside the U.S. or adjust their status if they are already in the U.S.

Fiancé Visa

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.

Marriage Immigration Attorney

Getting a marriage immigration attorney who understands the complexities of immigration law is essential for your fiancé’s application to succeed. The team at Henry & Grogan has extensive experience in helping people just like you and your loved one secure U.S. citizenship.

Family Preference Immigrants

This category applies to certain relatives of U.S. citizens and certain relatives of lawful permanent residents (LPRs), including unmarried sons and daughters of U.S. citizens, spouses and unmarried children of LPRs, married sons and daughters of U.S. citizens, and siblings of U.S. citizens. Unlike immediate relatives, family-preference immigrants face annual numerical limits on visas, often resulting in longer waiting periods.

The Role of a Family-Based Immigration Attorney in Philadelphia

An experienced immigration attorney plays a pivotal role at every stage of the visa application process. From accurately filing immigrant visa petitions to navigating the complex legal framework surrounding family preference categories, an attorney’s expertise can significantly impact the outcome of your case. They can also represent clients in immigration court and handle immigration appeals, which are critical components of the immigration process, especially in cases involving admissibility issues or removal proceedings.

Our Lawyers Help With 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.

Common Mistakes to Avoid in Family-Based Immigration

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. One of the most common missteps is miscalculating the sponsor’s income for the Affidavit of Support (Form I-864), which can bring a case to a complete halt. Another frequent problem is submitting insufficient proof of a relationship. For a spouse, this means more than just a marriage certificate; you need evidence of a shared life.

Additionally, people often file the wrong form or an outdated version. U.S. Citizenship and Immigration Services (USCIS) will reject filings that use old forms. Responding incorrectly or too late to a Request for Evidence (RFE) is another frequent issue. These documents have strict deadlines, and failing to meet them can result in your case being closed. A family-based immigration lawyer 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.

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.

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 an immigration marriage attorney 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 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.

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.

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 immigration marriage 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.

Speak With a Family Immigration Lawyer in Philadelphia

Getting the best Philadelphia immigration lawyers is essential for your family-based immigrant visa case to progress in the manner you want it to. By working closely with the team at Henry & Grogan, you ensure the best possible outcome for you and your family, as our team has many years of experience dealing with complex immigration laws that involve family-based immigrant visas and can help secure you a favorable outcome. Our expertise in family immigration law, combined with our deep understanding of immigrant visa petitions, lawful permanent residents, and immigration appeals, positions us to offer guidance and support to families seeking reunification.

In addition to family-based immigration services, Henry & Grogan also provides access to employment-based immigration and helps with the green card renewal process. Contact us for more information on our citizenship and immigration services today!