San Juan, Puerto Rico Immigration Lawyer for Family Petitions

Attorney Helping Families Apply for Visas and Green Cards in San Juan, PR

People in the United States may be able to sponsor family members for immigration benefits. The process of filing a family-based petition can be complicated, and sponsors and beneficiaries will need to make sure they meet all legal requirements while avoiding issues that could delay approval or lead to a denial. Legal help from an experienced lawyer can be crucial when preparing and filing petitions and documentation.

The San Juan family-based immigration attorney at Immigration Legal Advisors, PLLC can help sponsors understand their responsibilities while ensuring that all forms and documents are completed and filed correctly. We can provide guidance on the best ways to address and overcome any obstacles that may arise during the immigration process.

Requirements for Sponsors in Family-Based Immigration Cases

A U.S. citizen or lawful permanent resident (LPR) who wishes to sponsor a family member for immigration will need to make sure they meet all of their legal requirements. These include:

• Proof of Immigration Status: The petitioner must be a citizen or lawful permanent resident of the United States. Proof of status, such as a U.S. passport, birth certificate, naturalization certificate, or Green Card, must be submitted with the petition.
• Eligible Family Relationship: The petitioner will need to show that they have a valid relationship with the beneficiary. Qualifying family members include immediate relatives of citizens, spouses and children of LPRs, and other family members of citizens.
• Financial Sponsorship: The petitioners must meet financial requirements to ensure that the immigrant will not rely on public benefits after they come to the U.S. The petitioner must file an Affidavit of Support demonstrating that they have sufficient income or assets to support the beneficiary at 125% of the federal poverty guidelines. A joint sponsor may be required if the petitioner does not meet the income threshold. The Affidavit of Support will also serve as a commitment to provide for the financial needs of the immigrant until they become a U.S. citizen or complete 40 quarters of work in the United States, which usually takes around 10 years.

The Family-Based Visa and Green Card Process

The process of applying for a visa and obtaining a Green Card will usually involve the following steps:

1. Filing the Family Petition

The sponsor will file Form I-130 with U.S. Citizenship and Immigration Services (USCIS). This form, known as a Petition for Alien Relative, will officially begin the immigration process. USCIS will review the petition, which may take several months or longer depending on the applicant's category and the country where they are currently living. If additional evidence is needed, USCIS may issue a Request for Evidence (RFE) before approving or denying the petition.

2. Visa Availability and Processing

Immediate relatives who are being sponsored by U.S. citizens do not have to wait for visa availability, and they can proceed with their immigration process immediately. Other family members will typically experience wait times until a visa becomes available. Some preference categories experience long backlogs, especially for applicants from countries with high demand.

3. Consular Processing or Adjustment of Status

Depending on where the applicant is located, one of two options may be used to apply for a Green Card as soon as a visa becomes available:

• Consular Processing: If the beneficiary is outside the U.S., they must attend an interview at a U.S. embassy or consulate.
• Adjustment of Status: If the beneficiary is already in the U.S. and meets the eligibility criteria, they may apply for a Green Card without leaving the country by filing Form I-485, Application to Register Permanent Residence or Adjust Status. Immediate relatives of U.S. citizens can often file Form I-130 and Form I-485 at the same time.

4. Biometrics, Interview, and Green Card Approval

The applicant must attend a biometrics appointment for fingerprinting and background checks. USCIS or the U.S. consulate may request an interview or documentation so that they can verify the legitimacy of the relationship between the sponsor and the beneficiary. If the application is approved, the immigrant will receive a Green Card, granting them permanent resident status in the U.S.

Challenges in the Family Immigration Process in Puerto Rico

While Puerto Rico follows the same immigration laws as the mainland United States, families in San Juan and the surrounding areas may encounter unique challenges. These include:

• Long Processing Times: Applications for family preference visas can take years to process, leading to prolonged separation of families. Our attorney can help family members explore other legal pathways if a visa backlog affects their case.
• Consular Processing Complications: If a beneficiary is required to attend an interview outside the U.S., delays in scheduling appointments or responding to additional document requests can slow the process. Our lawyer can help address consular processing issues and minimize delays.
• Public Charge Concerns: A sponsor must prove that they are financially stable, which may require them to show that they have a steady job and can pay ongoing expenses. If they do not meet income requirements, they may need a joint sponsor. Our attorney can help ensure that the proper documentation is submitted to demonstrate financial eligibility.
• Waivers of Inadmissibility: Some applicants may be deemed inadmissible due to issues such as past criminal convictions. In these cases, a waiver may be necessary. Our immigration lawyer can help prepare strong waiver applications to improve the chances of approval.
• Marriage-Based Visa Scrutiny: Spouses of U.S. citizens must provide sufficient evidence that their marriage is genuine. Insufficient documentation may result in delays or denials. Our attorney can help compile the necessary proof, such as joint financial records, photographs, and written statements from family and friends.

Contact Our San Juan Family Immigration Petition Attorney

If you need assistance with a family-based immigration petition, Immigration Legal Advisors, PLLC can provide you with guidance during every step of the application process. Call or text 571-441-2233 or contact us online to arrange a consultation where we can review your case and explain your options.