New Orleans
Family Immigration and Visa Attorneys
New Orleans
Family-based Immigration Attorneys
At Pelton + Balducci, we believe that families should be together.
At Pelton + Balducci, we believe that families should be together.
That’s why we’ve made it our mission to identify the quickest and least stressful way for our clients to reunite with their family members.
Each family immigration case is different, and we carefully analyze every client’s situation to chart the best path forward, always with an eye towards expediency and minimizing risk for our clients.
We understand the hardship that comes with being separated from loved ones, as well as the stress that is inherent in the immigration process.
We understand the importance of keeping our clients informed about their case status each step of the way, and we are happy to answer any questions that may arise during the process.
We understand the hardship that comes with being separated from loved ones, as well as the stress that is inherent in the immigration process.
We understand the importance of keeping our clients informed about their case status each step of the way, and we are happy to answer any questions that may arise during the process.
Family Immigration Cases
There are two major categories for family-based immigration: immediate relatives and family preference categories.
Immediate relatives include spouses, parents, and any unmarried children under 21 of U.S. citizens, and USCIS grants unlimited immigrant visas for this category of relatives annually.
However, family preference immigrant visas are different. These types of visas include:
- Spouses and children of lawful permanent residents
- Brothers and sisters of U.S. citizens
- Married children of U.S. citizens
- Adult children of U.S. citizens
As many as 226,000 family-based green cards can be issued to applicants from different countries every year.
However, each year there are many more people who want to be reunited with their families, and there is often a long wait for visa availability for applicants in these categories.
In addition, there is a 7 percent cap annually for family visas that can be issued for each country, adding more challenges for individuals from so-called “oversubscribed” countries.
Depending on all of these factors, it can take years, and sometimes even decades, for a visa to become available for eligible family members.
There are generally two main routes used to pursue lawful residence through family: Adjustment of Status inside the United States or Overseas Green Card Application Consular Processing an immigrant visa abroad.
Marriage-based Immigration Cases
Marriage-based immigration petitions are one of the most common types of petitions filed.
Marriage-based petitions also face a higher level of scrutiny because immigration law requires that the marriage be “bona fide.” This means that the marriage must have been entered into for truthful reasons — not merely for the purpose of immigration or to help someone avoid deportation.
Allegations of marriage fraud are very serious and can prevent an individual from ever becoming a lawful resident and can also lead to criminal prosecution.
It is important to submit evidence of the bona fide nature of the marriage in support of the I-130 Petition, if at all possible. Evidence of children born to or adopted by the couple is one of the strongest types of evidence to establish that the marriage is genuine.
In the absence of children, other evidence should generally include:
- Evidence that the couple lives together
- Evidence of the couple’s financial situation together
- Filing of joint taxes
Any evidence that demonstrates the bona fide nature of a marriage can be used, and there is not one specific item that is required. And the more evidence you can show, the better.
K-1 Fiancé Visas
Another option many U.S. citizens use when seeking to bring their partner to the U.S. is the K-1 fiancé visa. (Of course, this is only an option if the couple is not yet married.)
Once the foreign national fiancé is admitted to the U.S., they are allowed to reside and work as long as the couple marries within 90 days of the fiancé’s arrival. At that point, the couple can apply for the immigrating spouse’s permanent resident status.
There are some requirements that the applicant and their partner have to meet, however. These include:
- The petitioner must be a U.S. citizen.
- Both the petitioner and their foreign fiancé are free to legally marry
- The couple met in person within the past two years.
- Both parties have intentions to marry within 90 days of the fiancé’s arrival in the U.S.
- The petitioner meets the minimum income/financial requirement.
- The applicant (foreign fiancé) is not inadmissible to the U.S.
While typically shorter than the marriage visa process, the K-1 visa process also requires a hefty amount of paperwork, a medical examination for the foreign applicant, and an interview in the applicant’s home country.
With all of this in mind, our team at Pelton + Balducci use our years of experience with family-based and K-1 visa experience to navigate the process with our clients.
Frequently Asked Questions
1. Who qualifies for family-based immigration?
Family based immigration allows U.S. citizens and lawful permanent residents to petition for certain close relatives. Eligibility depends on the relationship, the petitioner’s status, and whether the relationship meets immigration requirements. Each case is different, and even small details can affect eligibility.
2. What family relationships are eligible for a green card?
U.S. citizens may petition for spouses, children, parents, and siblings. Lawful permanent residents may petition for spouses and unmarried children. Some categories have waiting periods based on visa availability.
3. How long does family-based immigration take?
Processing times vary depending on the relationship, the petitioner’s status, where the beneficiary lives, and government backlogs. Some cases move quickly, while others may take several years. An attorney can help set realistic expectations based on current timelines.
4. Can my spouse stay in the U.S. while the application is pending?
In some cases, spouses who are already in the United States may be eligible to apply for adjustment of status and remain while their case is processed. Others may need to complete the process through a U.S. consulate abroad. The correct path depends on immigration history and current status.
5. What is the difference between adjustment of status and consular processing?
Adjustment of status allows eligible applicants to apply for a green card from within the United States. Consular processing requires attending an interview at a U.S. embassy or consulate outside the country. Choosing the correct process is critical to avoiding delays or complications.
6. Do I need to prove my marriage is real?
Yes. Immigration authorities require proof that a marriage is genuine and not entered into solely for immigration purposes. This often includes documents showing shared finances, joint living arrangements, and the history of the relationship.
7. What happens if my family member entered the U.S. without inspection?
Entering the United States without inspection can complicate a family based immigration case. Some individuals may qualify for waivers or other legal options, while others may need to complete part of the process outside the country. Legal guidance is especially important in these situations.
8. Can prior immigration violations affect a family based case?
Yes. Overstays, prior removal orders, misrepresentation, or criminal issues can impact eligibility. However, many people still have options. An attorney can review the full history and identify possible solutions.
9. Do children age out of family-based immigration?
Age can affect eligibility in some categories. The Child Status Protection Act may help certain children remain eligible despite processing delays. Determining whether protections apply requires careful legal analysis.
10. What if my family situation changes during the process?
Life events such as marriage, divorce, birth of a child, or changes in immigration status can affect a pending case. Updating your application correctly is important to avoid problems or denials.
11. Is an interview always required for family-based immigration?
Most family-based green card cases involve at least one interview. Preparation is key, as officers may ask detailed questions about the relationship, background, and documentation.
12. How can an immigration attorney help with a family-based case?
An attorney can assess eligibility, choose the correct process, prepare forms and evidence, respond to government requests, and guide families through interviews. The goal is to reduce stress and avoid costly mistakes.
How Pelton + Balducci Can Help
At Pelton + Balducci, our goal is to carefully analyze your situation and map out the strategy with the highest chance of success.
Whether this means helping your spouse naturalize so that you have a faster path to permanent residency, or re-filing a petition that was previously denied—our goals are your goals.
We pride ourselves on our ability to listen and communicate with our clients clearly and fully, and we hold ourselves to the highest legal, ethical, and professional standards.
Some cases present multiple paths to proceed, and we will help you understand the pros and cons of each approach, so that you can make the best decision for you and your family. We are grateful for the opportunity to explore the options with you, no matter where you are in the process.
Whether we are helping a U.S. citizen bring their spouse to the U.S., or helping reunite family members who have been separated for decades, we are proud to help families stay together.
At Pelton + Balducci, our goal is to carefully analyze your situation and map out the strategy with the highest chance of success.
Whether this means helping your spouse naturalize so that you have a faster path to permanent residency, or re-filing a petition that was previously denied—our goals are your goals.
We pride ourselves on our ability to listen and communicate with our clients clearly and fully, and we hold ourselves to the highest legal, ethical, and professional standards.
Some cases present multiple paths to proceed, and we will help you understand the pros and cons of each approach, so that you can make the best decision for you and your family. We are grateful for the opportunity to explore the options with you, no matter where you are in the process.
Whether we are helping a U.S. citizen bring their spouse to the U.S., or helping reunite family members who have been separated for decades, we are proud to help families stay together.
Schedule your consultation with our New Orleans immigration attorneys
With backgrounds in both the private and nonprofit sectors, our firm grew from a passion for serving the immigrant community and their family members in the Greater New Orleans area. Bringing more than 50 years of combined experience to each case, our entire team is also fluent in Spanish.
To get started with your family immigration process, or to learn more about how we can help, schedule your consultation today. Call us directly at (504) 708-5400 or fill out our contact form online.
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