Family Immigration

Family Immigration Services

Families:

Sotelo Immigration Law Group pllc is a trusted legal resource for individuals and families. Our goal is help you navigate the immigration system with a trusted attorney who is equipped to advocate for you. When immigration matters, it matters to us!

Marriage and family-based immigration: A person seeking permanent resident status in the United States may acquire a green card through a family member. The applicable family members are spouses, children, siblings, and parents. Lawful permanent residents can only petition for their spouses and unmarried children. The family member becomes the immigrant’s sponsor and files the permanent residency petition on behalf of the immigrant. To act as a sponsor, the family member must be either a citizen or a lawful permanent resident of the United States.

Application Process for Marriage and Family-Based Immigration:

  • File form I-485, application to register permanent residence or adjust status
  • Attach a copy of the Form I-797, Approval or Receipt Notice, for the Form I-130 petition filed on your behalf (unless you are filing Form I-485 together with the Form I-130);
  • Include two passport-style photographs;
  • Copy of your government-issued identity document with photograph;
  • Copy of your birth certificate;
  • Copy of your passport page with nonimmigrant visa (if applicable);
  • Copy of your passport page with your admission or parole stamp (issued by a U.S. immigration officer) (if applicable);
  • Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable)  

When a citizen or permanent resident of the United States marries a foreign national, his or her spouse becomes eligible for permanent residency. As a permanent resident, that person will have most of the rights and privileges of a U.S. citizen, and will be eligible for naturalization after five years. After becoming a lawful permanent resident through your U.S. citizen husband or wife, you may be considered for citizenship if you can establish:

  • That you have been a permanent resident for at least 3 years;
  • That you have been living in a marital union with the same U.S. citizen during this time period; and
  • Ability to meet all other requirements related to general eligibility.

Consular processing for immigrant visas: The procedure of applying for an immigrant visa (green card) through a U.S. embassy or consulate in a foreign country.

Application Process:

  • The petitioner or sponsor family member files an I-130 petition with USCIS
  • After approval of I-130, filing fees must be paid and document collection begins
  • Form I-864 must be filed and is a contract that a petitioner makes with the U.S. government to ensure that the applicant will not become a “public charge.”
    • The affidavit of support must include the petitioner’s income information, including recent tax returns and other proof of income.
  • Once the affidavit of support is approved, the online visa application (DS-260) must be completed
  • Next, the embassy will schedule the interview with the applicant.
  • During the interview, the applicant must bring a police certificate, medical exam, biometrics, original civil documents, proof of the relationship with the petitioner, and a passport.
  • Lastly, the Embassy or Consulate will approve the immigrant visa and place a stamp in the immigrant’s passport to allow entry into the United States.

DACA – Deferred Action for Childhood Arrivals: A policy that allows certain individuals who entered into the United States unlawfully that meet program requirements to get request a grant of deferred action.   Deferred action does not confer lawful status upon an individual. Individuals who are granted DACA can renew their grant and are eligible for work authorization.

Qualifications for Deferred Action for Childhood Arrivals:

  • Were under the age of 31 as of June 15, 2012;
  • Came to the United States before reaching your 16th birthday;
  • Have continuously resided in the United States since June 15, 2007, up to the present time;
  • Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  • Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
  • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a General Education Development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and;
  • Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
  • Citizenship and Naturalization