San Jose Family Immigration Attorneys

Bring Your Loved Ones Together in California

Family-based immigration is one of the most common pathways to lawful permanent residence in the United States — and one of the most procedurally detailed. U.S. citizens and lawful permanent residents may petition for certain family members, but the rules depend on the relationship, the petitioner’s status, visa availability, and a range of individual circumstances. Immigration law changes frequently, which makes working with an attorney who stays current on those changes an important part of getting it right.

Ideally, the process of having a spouse, child, or parent migrate to America to be with a relative who is a legal permanent resident would be straightforward. However, that is simply not the case. For permanent residents considering family immigration options for a foreign national, it is highly advisable to consult immigration lawyers. With the assistance of experienced immigration attorneys, one can better determine which immigration services they and their family members are eligible for and file their application more easily.

The Yew Immigration Law Group is solely dedicated to the practice and study of immigration laws in the United States. Each case is unique, and our immigration lawyer can review the factors in your application to improve the chances of your filing being approved and of your family members being reunited with you.

Our San Jose immigration lawyers take great pride in helping reunite families. If you are already a U.S. citizen or lawful permanent resident (LPR or “green card” holder), you may sponsor your spouse, immediate relatives, and other family members through the following family-based immigrant visas.

While our law firm is located in San Jose, we provide legal representation to clients throughout California, including San Francisco, Santa Cruz, and Silicon Valley. To learn more about green cards, family sponsorship, and the necessity of an adjustment of status, contact our office to schedule your confidential consultation today.

What Are the Main Differences Between the Types of Family Immigration Visas?

There are two groups of family-based immigration visa categories: immediate relatives, for whom there are unlimited visas (e.g., no annual quota) that are immediately available, and preference relatives, for whom there are four preference categories and visa limitations (quotas) each fiscal year.

How Are Immediate Relative Immigrant Visas (Unlimited) Defined?

These visa types are based on a close family relationship with a U.S. citizen, who is considered an immediate relative (IR). The number of immigrants in these categories is not limited to each fiscal year.

According to the U.S. Citizenship and Immigration Services (USCIS), the immediate relative visa types include:

IR-1: The spouse of a U.S. citizen.
IR-2: A U.S. citizen’s unmarried children (son or daughter) under 21 years of age.
IR-3: An orphan adopted abroad by a U.S. citizen.
IR-4: An orphan to be adopted in the U.S. by a U.S. citizen.
IR-5: A parent of a U.S. citizen who is at least 21 years old.
K-1: A fiancé visa.

Note that immediate relatives do not have derivative beneficiaries. Thus, their spouses and/or children must file their own petitions and independently qualify for those benefits.

To petition for an alien relative’s immigration to the United States, U.S. citizens and lawful permanent residents may file an I-130 petition with USCIS. This application seeks to establish the lawful permanent resident’s relationship with the alien relative. If the form provides proof that the petitioner and the family member are, and there is no other legal matter that may stand in the way of the applicant, then USCIS will approve the Visa application. At this point, the USCIS will forward the form and all relevant information to the National Visa Center (NVC) located in Portsmouth, NH, for processing.

If the filing meets the cut-off date, then the National Visa Center will collect all relevant paperwork, send an invoice for application fees, and secure this documentation until an interview is scheduled with a consular officer at a U.S. Embassy or Consulate.

At various stages of this process, the government may request additional evidence. If you are petitioning for the immigration of family members, you must be willing to provide as much information as is requested if you hope to see your loved one legally enter the United States. The decision on whether individuals planning to immigrate are eligible may depend on the documentation they provide at the government’s request. So, please ensure you are willing to answer every question and provide all required documentation.

If all required criteria are met, the National Visa Center and USCIS will eventually issue a green card to the foreign national. The time this takes may depend on several factors.

To reach a satisfactory conclusion promptly, it is advisable to hire a family immigration lawyer. Our law firm aims to serve clients with a range of citizenship and immigration services, including the difficult, time-consuming process of family-based immigration. Though it is possible to obtain green cards without the representation of attorneys, the truth of the matter is that success means you are reunited with your family members, whereas a denied filing could prevent your loved ones from living with you in the U.S. While no results can be guaranteed, good or bad, the immigration attorney of Yew Immigration Law Group has prior results that should inspire confidence. If you have immediate family members hoping to receive their green cards, schedule a consultation with an immigration lawyer today to discuss your unique situation.

What Are Family Preference Immigrant Visas (Limited)?

These visa types are for specific, more distant family relationships with a United States citizen and some specified relationships with an LPR. There are fiscal-year numerical limitations on family-preference immigrants.

Generally speaking, USCIS limits the total number of family-preference immigrant visas to approximately 226,000 per year. These are issued in order of ‘preference,’ with a first-preference relative petition given priority. Closer, more immediate family members do not have to wait and may be eligible for immediate relative visa types.

The family preference categories (along with approximate visa quotas per fiscal year) are:

Family first preference (F1): Unmarried sons and daughters of U.S. citizens and their minor children, if any (23,400).
Family second preference (F2): Spouses (husband or wife), minor children, and unmarried sons and daughters (ages 21 and over) of LPRs. At least 77% of all visas available in this category will go to spouses and children; the remainder will be allocated to unmarried sons and daughters (114,200).
Family third preference (F3): Married sons and daughters of U.S. citizens and their spouses and minor children (23,400).
Family fourth preference (F4): Brothers and sisters of U.S. citizens and their spouses and minor children, provided the U.S. citizens are at least 21 years of age (65,000).

Grandparents, aunts, uncles, in-laws, and cousins cannot sponsor a relative for immigration. Unmarried children of LPRs (F2: family second preference) will lose their petition if they marry while it is pending, as there is no visa category for married children of LPRs.

Is it Possible to Change Visa Categories?

A beneficiary may be able to change their visa category, thereby speeding up or slowing down wait time. The process could be necessary when there is a change in the beneficiary’s marital status, when a child “ages out” (i.e., turns 21), or when there is a change in the petitioner’s immigration status.

Under limited circumstances, the beneficiary may retain the original priority date. For more details on various scenarios, please contact our San Jose office to speak with a family immigration law attorney.

What Is Consular Processing?

A foreign relative’s location determines the procedural steps for obtaining lawful permanent resident status. Adjustment of status is the process by which an immigrant can apply for a Green Card while already physically present in the U.S. It allows an applicant to complete the entire process without departing the country.

A relative located outside the United States may apply for admission to the U.S. as a permanent resident at a U.S. Department of State consulate abroad. This pathway to a Green Card is known as consular processing, which involves the following steps, as listed by USCIS:

Determining a basis for immigration: The first step is to determine eligibility for lawful permanent residence. You may become eligible through a petition filed by a family member on your behalf.
Filing a family-based immigrant petition: To apply for a Green Card based on a family relationship, you must have a relative who is either a lawful permanent resident or a U.S. citizen file Form I-130, Petition for Alien Relative, for you.
Waiting for a decision: USCIS will notify your petitioning relative of its decision. If it denies the petition, the notice will state the reasons for the denial and whether you may appeal the decision. If the petition is approved, the agency will send it to the Department of State’s National Visa Center (NVC), where it will remain until an immigrant visa number is available.
Notification from the National Visa Center: The NVC notifies the petitioner and the beneficiary when it receives the approved petition, and again when a visa number is about to become available. It also sends a notification of when you must submit immigrant visa processing fees (fee bills).
Consular office interview: Once a visa number is available or your priority date becomes current (earlier than the listed cut-off date in the monthly Visa Bulletin), the consular office will schedule an interview. When you have been interviewed, your case will be processed to determine eligibility for an immigrant visa.
Notifying NVC of changes: The National Visa Center will contact you if it needs any additional information for your petition. You should contact NVC if your address or marital status changes, or if you were under 21 but have now reached that age. These changes may affect eligibility or visa availability.
Handling your Visa Packet: If you are granted an immigrant visa, the consular office will give you a packet of information. This is known as the “Visa Packet.” Do not open it. You will be required to pay a fee for processing this packet and for the issuance of your Green Card. You can pay it online before departing for the United States. When you arrive in the U.S., give the packet to the Customs and Border Protection (CBP) officer at the port of entry. The CBP officer will inspect you and decide whether to admit you into the country as a lawful permanent resident. If admitted, you will have lawful permanent resident status, with the right to live and work in the U.S.
Receiving your Green Card: If you paid the fee before departing for the U.S., you will receive your Green Card in the mail upon arrival. If you did not pay the fee, you will need to pay USCIS before it will send your card.

How Does Financial Sponsorship Work?

Proving financial self-sufficiency is a critical component of family-based immigration. The government requires the sponsoring relative to accept financial responsibility for the immigrant. The sponsor must file an Affidavit of Support on Form I-864. This is a legally enforceable contract by which the signing individual becomes the sponsor of the person seeking lawful permanent resident status.

Financial responsibility usually lasts until the family member has completed 40 quarters of work (about 10 years) or becomes a U.S. citizen. With certain exceptions, an Affidavit of Support is required for all immediate relatives of U.S. citizens and relatives who qualify for immigration under first, second, third, or fourth family-based preferences.

An immigrant does not need to submit an Affidavit of Support if he or she has already worked or can be credited with 40 qualifying quarters under Title II of the Social Security Act or is the child of a U.S. citizen and was admitted for permanent residence on or after February 27, 2001.

How Long Does the Visa Application Process Usually Take in California?

The process tries to go in order of priority date – that is, in the order in which the I-130 petition is filed with the government. The Department of State publishes a monthly Visa Bulletin, which provides an updated waiting list for those with a Visa number, so they have some idea of how long they must wait before an interview or potential approval.

The time it takes for a foreign national to obtain a green card and enter the U.S. legally varies widely, depending on the visa type, the current backlog, and any complications with the sponsor. On the short end, the process may take two to four weeks. Some visas may be issued immediately after the interview. Other applicants, meanwhile, such as those applying for a U visa or an R-1 visa, may be forced to wait for nearly a year.

What Other Immigration Services Does Our Legal Team Provide?

In addition to family sponsorship matters, our law firm can serve clients with other immigration law needs.

Our attorney may be able to provide legal representation in the following:

Adjustment of status. Some individuals come to the U.S. and are given only temporary status, either for work or study. With an adjustment of status, you can become a lawful permanent resident of the USA. Our law firm has experience helping clients adjust their status and acquire permanent residency.
Adoption via immigration, also known as intercountry adoption, is where children from a foreign country may become the adopted child of a U.S. citizen via international treaties. Our legal team will help ensure all international requirements are met, enabling the adoption process to proceed more smoothly. Adopted children are then given new rights in the United States.
Applying for a green card. Green card holders are granted permanent residence status in the USA. Many requirements must be met, and the applicant may have a long wait before they are approved for this adjustment of status and then issued their green card.
Humanitarian matters. Yew Immigration Law Group focuses on family-based and employment-based immigration. Callers with humanitarian matters such as asylum, TPS, or U visas are referred to attorneys who specialize in those areas. If you are unsure whether your situation fits our practice, please call, and we will help direct you to the right resource.
Status issues and compliance. When a family member’s immigration status raises questions — such as a lapse in lawful status, a pending petition, or eligibility to remain in the country — understanding the options is important. We can review the situation and help clarify what paths forward may be available.
Marriage and divorce, and how both affect naturalization. As with marriage, divorce can affect a person’s immigration status in the U.S. We know that a qualifying immigrant who entered into a marriage with a U.S. citizen gains a green card through marriage. But what happens after a divorce? We can help you through both the happy and sad circumstances where marriage and immigration meet.
Non-immigrant visa: There are visas available for those who wish to enter the U.S. for the specific purpose of pursuing an education as an international student or as a temporary worker of exceptional skill.

Does Reading this Website Constitute an Attorney-Client Relationship?

No. While we make an effort to provide and maintain accurate information for prospective clients visiting our law firm online, the information on this website is not intended to constitute legal advice between the attorney and any individual. Materials and information on this website are for general information purposes only.

If you have questions or concerns about your case, please contact your lawyers by phone, then arrange a meeting to discuss your legal matter. Nothing on this site should be taken as a substitute for hiring an attorney. Viewing does not constitute an attorney-client relationship.

Our law firm has been providing personalized service to individuals with immigration cases for years, and we would be proud to work with you to apply for and petition on behalf of a family member to obtain a green card legally. Please schedule a consultation today by calling our San Jose law office.

Schedule a Consultation to Begin the Attorney-Client Relationship

If you’re looking for help in the matter of family sponsorship or looking to change your status, citizenship, and immigration services, contact a family immigration lawyer at the Yew Immigration Law Group in San Jose, CA. While other attorneys commonly spread out their interests, our firm is solely focused on the requirements, objections, questions, and concerns related to immigration in the United States.

While our law office is based in San Jose, we provide legal services to clients throughout California, including Fremont, Santa Cruz, Alameda County, Santa Clara County, the San Francisco Bay Area, and areas surrounding Silicon Valley.

Family immigration lawyer Alison Yew has decades of legal experience and has dedicated her career to helping clients navigate the complex immigration process. She is a respected legal mind and a member of the American Immigration Lawyers Association and the California State Bar Association. Attorney Yew and her legal staff maintain a high standard of professionalism and strive to provide personalized service to every new client who walks through our office doors. While no results can be guaranteed in any legal matter, Yew Immigration Law Group has a track record of success, so you should feel confident knowing that your individual case is in capable hands and that your rights are being properly looked after.

To discuss whether you qualify to petition for a family member — or whether a relative in the U.S. may be able to petition for you — contact Yew Immigration Law Group online or call 408-684-6704 to schedule your initial consultation.