Last Updated on: 17th October 2023, 10:57 pm

NYC Family Based Petition Lawyer

Immigrating to the United States on a family-based visa can be an incredibly complex and drawn-out process. Between petitions, applications, supporting documents, and interviews, it can seem impossible to navigate without an experienced immigration lawyer on your side. This is especially true in a huge, busy city like New York.

That’s why it’s so important to have a knowledgeable NYC family based petition lawyer guiding you through the process. The stakes are high – one mistake could lead to a denied petition and derail your immigration goals entirely.

Overview of Family Based Petitions

There are several different categories of family based visas that allow immigrants to obtain lawful permanent resident (LPR) status based on their relationship to a U.S. citizen or LPR relative. The most common types of family based petitions include:

• Spouses of U.S. citizens
• Children of U.S. citizens
• Parents of adult U.S. citizens
• Spouses and minor children of LPRs
• Adult children of U.S. citizens
• Siblings of adult U.S. citizens

The process usually starts with the U.S. citizen or LPR relative filing an I-130 family based visa petition on behalf of the immigrant. This establishes the family relationship that makes the immigrant eligible to apply for an immigrant visa or adjustment of status.

After the I-130 is approved, there are additional steps like submitting visa applications, financial affidavits of support, medical exams, and interviews. At each stage, a mistake could lead to delays or denial.

Challenges of Family Based Petitions in NYC

There are several unique challenges that come with filing family based petitions in New York City specifically:

• Long wait times – Due to the high volume of applications processed through the New York field office, there can be significant delays and backlogs.
• Documenting complex relationships – Immigrant families in NYC come in all shapes and sizes. Proving eligibility may require extensive documentation.
• Meeting financial requirements – The New York field office strictly enforces income requirements for affidavits of support.
• Navigating interviews – USCIS interviews in NYC can be intense, probing, and unforgiving of mistakes.

On top of this, NYC immigrants often have complicated histories – prior immigration violations, criminal issues, or travel abroad that requires waivers. Without expert guidance, these factors can sink a family based petition.

Benefits of Hiring a NYC Family Based Immigration Lawyer

With so much at stake, it’s wise for NYC immigrants to have an experienced family based petition lawyer on their side. The key benefits include:

• Avoiding costly mistakes – Lawyers know how to accurately complete forms and meet evidentiary burdens.
• Presenting a strong case – Lawyers can compile documentation, affidavits, photos, and other evidence to prove eligibility.
• Managing delays and complications – Lawyers have working relationships with USCIS officers and strategies to expedite cases.
• Navigating waivers – Lawyers know how to obtain waivers for issues like unlawful presence or criminal records.
• Preparing clients for interviews – Lawyers conduct mock interviews to ensure clients are ready to answer tough questions.
• Appealing denials – Lawyers can assess chances of success and properly file appeals if petitions are denied.

Simply put, a family based immigration lawyer maximizes your chances of success. They relieve stress and prevent avoidable mistakes throughout the process.

How to Find the Best NYC Family Based Petition Lawyer

Not all immigration lawyers are equal when it comes to family based petitions. Here are some tips for finding the best lawyer for your case in NYC:

• Look for 5+ years of experience specifically with family based immigration.
• Find someone familiar with the unique issues in NYC immigration courts.
• Read reviews and client testimonials to verify quality.
• Meet with lawyers before retaining to confirm it’s a good fit.
• Look for membership in AILA (American Immigration Lawyers Association).
• Avoid lawyers who make unrealistic promises or try to overcharge you.
• Consider boutique firms that focus exclusively on immigration.

Also, make sure to understand the lawyer’s fees upfront. Family based cases can cost $2,000-$5,000 in legal fees on average. More complex cases with waivers and appeals can cost more. Reputable lawyers will clearly explain their fees and payment options.

Key Steps in the Family Based Green Card Process

To give you an idea of what’s involved, here is an overview of the key steps after connecting with your NYC family based immigration attorney:

1. File Form I-130 petition – The U.S. citizen or LPR relative submits this petition to USCIS to establish their relationship to the immigrant. The lawyer will help gather documentation proving the relationship.
2. USCIS approves I-130 – USCIS will review the petition and supporting documents and hopefully approve the I-130. The lawyer will follow up if anything is missing or seems likely to trigger a Request for Evidence (RFE).
3. Submit visa application – Once the I-130 is approved, the immigrant will work with the lawyer to complete either a DS-260 immigrant visa application or I-485 adjustment of status application, depending on their circumstances.
4. Affidavit of support – The petitioning relative must submit Form I-864 to prove they can financially support the immigrant. The lawyer will help meet income requirements.
5. Medical exam – The immigrant must undergo a medical exam by an approved doctor to show they are free of health conditions that would make them inadmissible.
6. Interview – The last step is generally an in-person interview at a USCIS field office. The lawyer will spend time preparing the client for interview questions.
7. Final decision – After the interview, USCIS will issue a final decision on the green card application. The lawyer can file an appeal if it is denied.

This is just a general outline – every family based case is unique. An experienced NYC immigration attorney will customize the process for your situation.

Overcoming Common Family Based Petition Issues

As mentioned above, family based petitions often hit roadblocks that could lead to denials if not handled properly. Here are some examples of hurdles a skilled NYC immigration lawyer can help overcome:

• Unlawful presence – If the immigrant previously overstayed a visa, they may have unlawful presence that triggers a 3 or 10-year ban. A waiver can overcome this.
• Criminal record – Any criminal record must be carefully evaluated. Certain crimes lead to inadmissibility, but waivers may be available.
• Prior immigration violations – Issues like working illegally on a tourist visa or previous deportation can be forgiven with the right waivers.
• Insufficient income – If the petitioning relative doesn’t meet income requirements, the lawyer can help find a joint sponsor or use assets.
• Name discrepancies – Small differences in spelling in various documents must be explained and reconciled.
• Questionable good faith marriage – Couples need to provide ample evidence their marriage is genuine, not just to get a green card.

In all these scenarios, the lawyer’s role is gathering evidence, presenting persuasive legal arguments, and developing a strategy to overcome potential barriers to approval. Without expertise, these issues could easily sink your petition.

Why Hiring the Right Lawyer is Crucial

At this point, it should be clear why hiring the right family based immigration lawyer in NYC is so important. Here are a few final reasons to invest in expert legal representation:

• Speeds up the process – Lawyers have inside knowledge to expedite cases and avoid delays.
• Takes stress off your shoulders – Lawyers handle all the intricacies so you can focus on your family.
• Gives you confidence and peace of mind – You’ll know your case is in good hands.
• Saves you money in the long run – Lawyers prevent mistakes that are costly to fix.
• Opens lines of communication – Lawyers have working relationships with USCIS officers.
• Prepares strong documentation – Lawyers present persuasive evidence and write compelling briefs.
• Increases chances of approval – Simply put, lawyers get cases approved that may have been denied otherwise.

NYC family based immigration cases are a marathon, not a sprint. Having an experienced lawyer in your corner makes all the difference in getting across the finish line and being able to build your new life in America.

Conclusion

Immigrating to the U.S. through a family based visa is a complex, nuanced process. Attempting it without knowledgeable legal counsel can jeopardize your application and lead to denials or delays. The intricacies of family based immigration in a huge city like New York make professional representation essential.

If you are petitioning for a loved one, or are the beneficiary of a family based visa petition, connect with an experienced NYC immigration attorney. They will expertly guide you through the process, avoid mistakes, overcome hurdles, and give you the best shot at success. With so much on the line, a family based immigration lawyer is an investment you simply can’t afford not to make.