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Family-Based Immigration

Roanoke Immigration Law Center | Families and Businesses

Family-Based Immigration

Family is the heart of immigration. U.S. immigration law recognizes how vital it is for spouses, children, parents, and siblings to be together, and has established family-based immigration as a cornerstone of the system. If you are a U.S. citizen or a lawful permanent resident (green card holder) longing to reunite with loved ones abroad or worried about keeping your family together here, you are not alone. Every year, countless families embark on this journey to bring husbands and wives together, to ensure children can live with their parents, and to care for aging parents in the comfort of family.

Keeping families united benefits everyone. It strengthens emotional bonds, provides stability for children, and lets loved ones support each other in daily life. We have seen first-hand the joy and relief that comes when a fiancé is finally able to marry in the U.S., when a mother embraces a child she hasn’t seen in years, or when a sibling reunion happens after a long wait. Family-based immigration isn’t just a legal process; it’s a life-changing mission to restore wholeness to families. Our role is to make that mission easier for you, handling the legal complexities with skill and empathy.

Spouse and Fiancé(e) Visas

Bringing your spouse or future spouse to the United States is a top priority for many families. Whether you’re planning to get married or are already married, there are specific visa pathways to help you unite with your partner. We assist with all types of spouse and fiancé(e) immigration cases, ensuring that the process is smooth and that your relationship is recognized and respected by immigration authorities. Below are the common pathways for couples, along with their requirements and considerations:

  • K-1 Fiancé(e) Visa (For Engaged Couples): The K-1 visa is for the fiancé or fiancée of a U.S. citizen. If you are engaged to a foreign national, this visa allows your partner to come to the U.S. for the purpose of marriage. After arrival, you must get married within 90 days. We help you prove your genuine relationship (for example, providing photos, correspondence, and proof of having met in person within the last two years) to satisfy the requirements. Once married, your new spouse can then apply for a green card (permanent residency) from within the U.S. (a process known as “adjustment of status”). Processing times for K-1 visas can vary, but currently average around 8–12 months from petition to visa approval. During this waiting period, we keep you informed and help prepare for the embassy interview. (If your fiancé(e) has children under 21, they can often come along on K-2 visas – we’ll ensure they are included so your future stepchildren are also part of the journey.)
  • K-3 Spousal Visa (For Married Couples Waiting on a Green Card): The K-3 visa is a nonimmigrant (temporary) visa intended for the foreign spouse of a U.S. citizen. It was designed to bridge the gap for couples who are already married and have an immigrant visa petition in process. In practice, once a U.S. citizen has filed the Form I-130 petition for their spouse, they may also file a Form I-129F to request a K-3 visa, allowing the spouse to enter the U.S. and wait here for the green card processing to be completed. Today, K-3 visas are uncommon – in many cases the spousal green card process is well underway by the time a K-3 would be issued. However, it remains an available tool. If your situation calls for a K-3, we will handle the paperwork and coordination. The K-3 visa, when used, is typically valid for two years and can be extended, keeping you together while final processing occurs. Eligibility: You must already be legally married to a U.S. citizen and have a pending immigrant petition. We will advise if this option makes sense for you and guide you through the steps.
  • Marriage-Based Green Cards (CR-1/IR-1 Visas): If you are already married to a U.S. citizen or a lawful permanent resident, your spouse can directly pursue a marriage-based immigrant visa (commonly called a marriage green card). For U.S. citizen spouses, the foreign husband or wife is an immediate relative, not subject to annual visa quotas – this means once the petition and processing are complete, a visa (green card) can be issued without a long wait for availability. For spouses of green card holders, visas are in the “F2A” family preference category, which sometimes has a short waiting list depending on the year. We will prepare and file the Form I-130 Petition for Alien Relative to initiate the process. Eligibility requirements include a legally valid marriage and proof that the marriage is bona fide (not just for immigration benefits). Expect to gather documents like joint financial records, lease/mortgage papers, photos together, and affidavits from friends or family attesting to your relationship. Processing time for a marriage-based green card can range from around 12 months to 18 months (or more), depending on USCIS backlogs and whether the case proceeds through a U.S. embassy abroad or as an adjustment of status in the U.S. If the foreign spouse is abroad, we’ll assist with the National Visa Center paperwork and interview scheduling at the consulate; if the spouse is in the U.S. in a valid status, we help with the adjustment of status application. Challenges: One challenge in marriage cases is the careful interview process – a USCIS or consular officer will ask questions to verify your marriage is genuine. We thoroughly prepare you for the interview, so you feel confident and ready to answer questions about your life together. Our attorneys will be by your side (and in many cases can attend the interview with you, if local) to provide support.
  • Removing Conditions on Residence (Form I-751): When a marriage-based green card is granted to a spouse and the marriage was less than two years old at the time of approval, the green card is “conditional” and valid for two years. This is the U.S. government’s way of confirming the marriage remains bona fide over time. To keep your loved one in the U.S. permanently, you must file Form I-751 to remove the conditions and obtain a permanent 10-year green card. This petition is typically filed jointly by both spouses in the 90-day window before the 2-year card expires. We know that this step can cause anxiety – even if your marriage is genuine, it’s crucial to submit strong evidence that you are still together and sharing a life (or if not, evidence explaining the situation). We provide hands-on support in compiling relationship evidence (updated documents, more photos, maybe affidavits of friends) to demonstrate your ongoing marriage. Processing times for I-751 have grown longer (often 1 to 2 years), but during this time your spouse’s status is extended – we make sure you receive the extension notices and keep your proof of status up to date. Challenges: Sometimes life is complicated – couples might separate or divorce before the conditions are removed, or a spouse could feel unsafe in the marriage. If that happens, don’t lose hope. We can help file a waiver of the joint filing requirement in cases of divorce, abuse, or extreme hardship, so that your spouse can still secure their permanent residency independently. No matter your situation, our firm approaches it with sensitivity and expertise, ensuring that the loved one you brought here can stay as a permanent member of your family.

Throughout the spouse/fiancé visa process, sponsors also must meet certain financial requirements. You will need to sign an Affidavit of Support proving you have sufficient income or assets to support your immigrating family member so they won’t become a public charge. We help you understand this requirement and, if needed, identify a joint financial sponsor, such as another relative, to meet the guidelines. Rest assured, we guide our clients through these details so that no step is overlooked.

Petitions for Children

Reuniting parents and children is one of the most heartwarming parts of family-based immigration. If you have children abroad or children here for whom you want to secure immigration status, our team is dedicated to helping bring your sons and daughters home. We work with all types of parent-child petitions, whether the child is your biological offspring, a stepchild from a blended family, or a child you have legally adopted. The rules can differ depending on the situation, but we will clearly explain what’s needed in your case. Here are the key points for each category of children:

  • Biological Children: A U.S. citizen can petition for their biological child from anywhere in the world. If the child is unmarried and under 21 years old, they qualify as an immediate relative – there is no annual quota or visa cap, meaning the main wait is just the processing time (often around a year from start to finish, though times can vary). If the child is over 21 (or is married, at any age), they fall into a family preference category (adult sons/daughters of U.S. citizens), which unfortunately involves a longer waiting period for a visa due to yearly limits. Legal permanent residents (green card holders) can also petition their children: unmarried children under 21 fall under the F2A category (with relatively shorter wait times, maybe a few years if any), and unmarried adult children are F2B (longer wait). Eligibility requirements for child petitions mainly involve proving the parent-child relationship. For a mother petitioning, the birth certificate listing her as mother is usually sufficient. For a father petitioning a child born out of wedlock, additional proof of a bona fide parent-child relationship before the child turned 21 may be required. We will help gather birth certificates, and if needed, evidence of your involvement in the child’s life. Challenges and considerations: If your child is close to turning 21, timing is critical – we work swiftly to file the petition so your child can potentially lock in their age under the Child Status Protection Act (a law that helps prevent “aging out”). We also guide you on issues like the child’s marital status (since a marriage could change eligibility). Our goal is to ensure that no child is left behind and that your family can enjoy a life together in the U.S.
  • Stepchildren: In blended families, a stepparent can petition a stepchild for immigration benefits as long as certain conditions are met. A stepchild is recognized for immigration purposes if the marriage that created the stepparent-stepchild relationship took place before the child’s 18th birthday. This means if you married your spouse and in doing so became a stepparent, you can file for your spouse’s children as your stepchildren, but only if the marriage occurred while the kids were still 17 or younger. We often help U.S. citizens petition stepchildren abroad, and the good news is those stepchildren under 21 count as immediate relatives (no visa quota) just like biological children. You’ll need to provide the marriage certificate and the child’s birth certificate to show the family link. Processing times and procedures for stepchildren are very similar to those for biological kids. One challenge can be if the child’s other biological parent is not around or documentation is scarce – we assist in obtaining records or affidavits to prove the relationship. Our firm treats your stepchildren with the same care as any child; we know that to you, they are your own. We’ll make sure the immigration system recognizes that.
  • Adopted Children: If you have adopted a child, or plan to, U.S. immigration law provides a path for them to immigrate as your child – but the legal requirements are a bit more complex. Generally, to petition an adopted child through the regular family-based process, the adoption must be finalized before the child turns 16 years old (there is a narrow exception allowing adoption by age 18 if you are also adopting the child’s younger sibling). Additionally, the adoptive parent (you) must have had legal custody of and lived with the child for at least two years. Those two years can be before or after the adoption, and they don’t have to be absolutely continuous, but you must show a total of two years of custody and co-residence. We help our clients document these requirements through adoption decrees, guardianship papers, school and medical records, proof of cohabitation, etc. We know how much paperwork can be involved in an international adoption, and our team will coordinate with you to ensure nothing is missing. Eligibility and process: If the criteria are met, an adopted child is treated the same as a biological child in immigration terms – meaning U.S. citizens can sponsor adopted children under 21 as immediate relatives. (U.S. citizens may also have other routes like the orphan or Hague adoption process, but those are special cases; we will advise on the correct process for your situation.) Challenges: Adoption cases can involve multiple legal systems – U.S. immigration and the foreign country’s adoption laws. We will liaise with any adoption agency or foreign attorneys as needed to get proper documentation. Our compassionate approach is especially important here: we know you may have formed a family bond with this child long before paperwork made it “official,” and we will work tirelessly to bring your adopted son or daughter home so your family can be complete.

Processing Times for Children’s Cases: For immediate relative children (biological, step, adopted under 21 of U.S. citizens), the timeline is mostly dependent on USCIS and consular processing times – roughly on the order of a year or so, though it can be longer if there are backlogs. For children in the family preference categories (such as adult children or children of permanent residents), wait times can range from a few years to over a decade, depending on the category and the child’s country of origin. We will give you an honest assessment of expected timing and will track your case from the initial petition filing all the way until your child has their visa or green card in hand. No matter how long it takes or what challenges arise, we stand by your family’s side.

Sponsoring Parents as a U.S. Citizen

As our parents age, many of us want to have them close by to care for them and share life’s moments. If you are a U.S. citizen (at least 21 years old), you have the opportunity to sponsor your mother and/or father for immigration to the United States. Sponsoring parents is a deeply meaningful process – after all, these are the people who raised you, and now you can bring them into your American life as permanent residents. We approach parent petitions with great respect and care, knowing how important this reunion is for your family.

Eligibility: Only U.S. citizens can petition for their parents (green card holders cannot). You must be 21 or older. The parent can be your biological mother or father, or a stepparent or adoptive parent in certain cases. (For a stepparent, the marriage to your biological parent must have occurred before you turned 18. For an adoptive parent, the adoption should have been finalized before you turned 16 and created a legal parent-child relationship.) We will review your family situation to confirm who qualifies and gather the necessary documents. Typically, the key proof is your birth certificate (showing your parents’ names) or adoption decree, and marriage certificates if a step-relationship is involved.

Process: Sponsoring a parent is usually a straightforward immediate relative process. We file a Form I-130 petition for each parent. If your parent is outside the U.S., once the petition is approved, they will go through consular processing in their home country – filling out visa forms, submitting civil documents (like birth, marriage certificates, police clearances), and attending an interview at the U.S. embassy or consulate. We prepare your parents for that interview, including providing reassurance and practice questions so they feel comfortable despite any language or cultural barriers. If your parent is already in the U.S. on a temporary visa, they may be able to adjust status here without leaving, provided they entered legally – we would handle the concurrent filing of the I-130 and I-485 adjustment application and accompany your parent to their green card interview locally.

Processing Time: Parent petitions are often quicker than other family visas because parents of U.S. citizens are immediate relatives with no visa quota. Many cases complete in roughly a year, but timing can vary with government backlogs. We keep a close eye on your case’s progress. We know how anxious you might be to reunite with your mom or dad, so we stay proactive – if any issues or delays come up, we address them immediately and keep you informed.

Challenges: Some challenges in parent cases include obtaining foreign documents (perhaps your parent’s birth certificate is hard to get if they were born decades ago in a rural area, for example). We assist by guiding you and your parents on alternative documents or affidavits of birth if needed. Another potential challenge is the medical exam. All immigrant visa applicants must pass a basic health screening. We make sure your parents know what to expect and have all required vaccinations or medical records handy. Finally, there is the Affidavit of Support requirement for parents as well, meaning you’ll need to show that you can financially support your parents (or have a joint sponsor help). We prepare that paperwork meticulously to avoid any concerns from immigration officials. Above all, we handle parent sponsorships with empathy: it can be a big transition for a parent to immigrate later in life, and we’re here to answer all their (and your) questions with patience. Seeing our clients reunite with their mothers and fathers is incredibly rewarding for us, and we strive to make that reunion possible for you.

Sibling Petitions (Brothers and Sisters)

Brothers and sisters share a special bond, and many U.S. citizens wish to bring their siblings to live near them in America. If you have a brother or sister overseas, you can petition for them to obtain a green card, but it’s important to know that this category, unfortunately, involves one of the longest wait times in the family immigration system. Still, initiating a sibling petition is an important act of love and hope, as it establishes your place in line and will one day allow your sibling to immigrate and join you here permanently. Our law center has helped many families through the sibling sponsorship process, keeping them informed and prepared at every step, even when the journey spans many years.

Eligibility: To sponsor a sibling, you must be a U.S. citizen and at least 21 years old. Lawful permanent residents cannot file for brothers or sisters – it is a privilege reserved for citizens. The sibling you sponsor can be your brother or sister related by blood, a half-sibling, or a sibling through adoption (as long as the adoption created a legal sibling relationship). You will need to prove that you and your sibling share at least one common parent. Typically, this is done by providing both your and your sibling’s birth certificates showing a common mother or father. (If you have a step-sibling – i.e., no common biological parent – that person unfortunately does not qualify as a sibling for immigration purposes, but we can explore if there are other routes, such as through a parent’s petition.) We’ll carefully review your family tree and documents to confirm the relationship evidence needed. Additionally, if your sibling is married or has children of their own, that’s okay, you can still petition them. In fact, your sibling’s spouse and unmarried children under 21 can receive derivative visas along with your sibling when the time comes, so this petition can ultimately help bring over an entire family unit. We’ll ensure everyone’s names are correctly included in the process.

The Process and Wait Time: Sponsoring a sibling involves filing Form I-130 and then…waiting. Because this falls under the Family Fourth Preference (F4) category, there is an annual cap on visas, and demand far exceeds supply. Currently, siblings from most countries must wait well over 10 years for a visa to become available after the petition is approved. In some cases, siblings from countries with many applicants (like Mexico, the Philippines, India, and China) have waited closer to 15-20 years due to backlogs. We believe in being honest and upfront about these waits…it is a long haul. However, by filing the petition now, you secure your sibling’s place in line. No matter how distant it seems, that priority date will eventually become current, and we will be there to take the next steps. In the meantime, we remain available to you and your sibling for questions. We also advise on interim options: for example, while waiting, your sibling might visit you on a tourist visa if possible, or perhaps pursue a student or work visa if eligible, keeping in mind these temporary visas have their own requirements. We can counsel you on maintaining a strong case (for instance, preserving important documents and staying in touch, because down the road the government may want to reconfirm the relationship and that the interest to immigrate remains).

Challenges: The biggest challenge is the emotional toll of the wait. It’s hard being separated for years. Our team truly sympathizes – many of us have gone through immigration processes with our own families. We encourage you to stay hopeful and we do what we can to make the procedural aspects as smooth as possible. When the time finally comes, the consular processing for your sibling will involve background checks, medical exams, and an interview. Perhaps a decade or more will have passed, and circumstances could have changed (for example, your sibling’s children might be close to age 21 by then). We will handle any such complications, such as “age-out” issues for nieces/nephews, by leveraging laws like the Child Status Protection Act to try to keep them eligible as dependents if at all possible. Our attorneys monitor policy updates continuously, so after years of waiting, you won’t miss a beat when the window opens for your sibling’s immigration. We prepare the final stages meticulously: updating documents, filing adjustment of status if your sibling is somehow in the U.S., or guiding the consular forms if abroad. Our firm will celebrate with you on that future day when your brother or sister arrives in Virginia as a new permanent resident, finally closing the distance between you.

How We Support You

Pursuing a family-based immigration case can feel daunting, but you do not have to face it alone. At Roanoke Immigration Law Center, our mission is not only to provide expert legal counsel but also to provide compassionate, hands-on support at every step. We truly care about our clients and their families. When you work with us, you can expect:

  • Personalized Guidance: We take the time to listen to your story and understand your goals. Every family is unique, and we tailor our strategy to your specific situation, whether it’s an urgent fiancé visa or a delicate adoption case. You’ll receive clear explanations of your options so you can make informed decisions.
  • Help with Every Form and Document: Immigration involves a lot of paperwork, and it must be done correctly. Our experienced team will prepare and file all petitions and applications for you, ensuring forms are complete and accurate. We’ll also help you gather the supporting documents – from birth certificates and passports to photos and joint financial statements – so that your application is strong. We have detailed checklists and will walk you through each item, reducing your stress.
  • Consistent Communication: You will never be left in the dark about your case. We will keep you updated on progress and important milestones. If USCIS or the State Department sends any notice or request (such as a Request for Evidence), we inform you promptly and handle the response. Your questions are always welcome, whether it’s a call about how long an update might take or an email asking what comes next, we respond with care and clarity. We know that waiting for news about your family can be nerve-wracking, so we strive to provide reassurance and timely answers.
  • Interview Preparation and Representation: Many family-based immigration cases involve an interview with an immigration officer or consular officer. This can be intimidating for applicants. But rest assured, we thoroughly prepare you and your family members for interviews. We conduct mock interview practice if needed, review possible questions, and make sure you know how to present your story honestly and confidently. For local USCIS interviews (such as adjustment of status for a spouse or parent in the U.S.), our attorneys can attend the interview with you, providing moral support and addressing any legal concerns that arise. Our presence often helps clients feel calmer, knowing an advocate is right there by their side.
  • Problem-Solving and Advocacy: If any challenges or complications come up during the process, we tackle them head-on. Perhaps a case is taking longer than normal – we will follow up with the agencies, inquire about the delay, and keep pushing for resolution. Maybe a document is hard to get – we’ll brainstorm alternatives. In the rare event of a denial or setback, we will explain your options (such as appeals or re-filing) and continue to fight for your family’s immigration rights. Your goals become our goals, and we don’t give up when things get tough. We’re committed to seeing your case through to a successful conclusion.
  • A Compassionate Partner: Beyond the legalities, we know this is an emotional journey. Our team practices with empathy, patience, and cultural sensitivity. We have helped families from all over the world and we celebrate the diversity and love that each client brings. You can expect a welcoming environment at our downtown Roanoke office, where you and your loved ones will be treated with respect. We aim to build a relationship of trust, many of our clients refer their friends and family to us because they feel cared for like family. This trust is something we value deeply.

Contact Us for Caring Immigration Help

You don’t have to navigate the family-based immigration process alone. Whether you’re starting a fiancé visa, filing a petition for a spouse or child, or reaching out after years apart from a sibling or parent, help is available. The Roanoke Immigration Law Center is here to guide you with skill and compassion. We believe in your dream of a reunited family, and we will work tirelessly to make it a reality. Contact us to schedule a consultation.