Family based immigration

Family-based immigration divides applicants into two main groups:

1. 1. Immediate Relatives of U.S. Citizens – includes spouses, unmarried children under 21, and parents of adult U.S. citizens. These visas are unlimited, meaning there is no annual cap.
2.  

2. Family Preference Categories (F1–F4) – includes adult children and siblings of U.S. citizens, and certain relatives of green card holders. These visas are numerically limited, creating multi-year waiting periods depending on the applicant’s country of origin.

SJKP LLP assists families in identifying the correct category and planning strategically to minimize delays.

Every family-based case begins with Form I-130 (Petition for Alien Relative), filed by the U.S. sponsor to establish a qualifying relationship.
Our attorneys ensure that petitions are supported by comprehensive documentation—birth certificates, marriage licenses, and proof of ongoing relationships—to withstand USCIS scrutiny.

Once the I-130 is approved and a visa becomes available, applicants either file for Adjustment of Status (if in the U.S.) or complete Consular Processing abroad.
We guide clients through each step—scheduling interviews, preparing affidavits of support (Form I-864), and ensuring compliance with public charge and medical exam requirements.

To qualify, the marriage must be legally valid and entered into in good faith—not solely for immigration purposes.
We help couples compile strong evidence of authenticity, such as joint bank accounts, leases, photos, and affidavits from friends and family.
Our attorneys also prepare clients for interviews, where officers often ask detailed questions to assess the legitimacy of the relationship.

If the marriage is less than two years old at the time of approval, the foreign spouse receives a two-year conditional green card.
We assist in filing Form I-751 (Petition to Remove Conditions) before the card expires, ensuring a smooth transition to permanent status.

Life doesn’t always follow a plan.
We represent individuals facing complex cases—such as divorce during the conditional period, spousal abuse (VAWA petitions), or widows seeking survivor benefits—to protect their right to remain in the U.S.

The main categories include:

• - F1: Unmarried adult children (21 or older) of U.S. citizens

- F2A: Spouses and minor children of lawful permanent residents

- F2B: Unmarried adult children of lawful permanent residents

- F3: Married children of U.S. citizens

- F4: Brothers and sisters of U.S. citizens

Each category has an annual limit, and visa availability is tracked monthly through the U.S. Department of State Visa Bulletin.
SJKP LLP monitors these movements closely, helping clients anticipate filing windows and avoid missed opportunities.

For applicants facing years of delay, strategic legal planning can make a difference.
We help families explore alternatives such as employment-based petitions, fiancé(e) visas (K-1), or humanitarian parole when appropriate.

Age or marital status changes can affect eligibility under the Child Status Protection Act (CSPA).
Our attorneys calculate protected ages and advise on timing to ensure that beneficiaries don’t “age out” during prolonged waiting periods.

For applicants already in the U.S., AOS allows them to apply for permanent residency without leaving the country.
SJKP LLP assists clients with Form I-485 preparation, medical exams, and interview representation before USCIS.
We also help secure work authorization (EAD) and advance parole while applications are pending.

Applicants living overseas must complete processing through the National Visa Center (NVC) and attend an interview at their local U.S. consulate.
We manage every stage—from DS-260 submission to affidavit of support review and visa issuance coordination—ensuring compliance with both U.S. and local requirements.

Administrative processing, missing documentation, or public charge concerns can delay visa approval.
Our attorneys proactively identify risks and address them before they impact eligibility or timing.

Certain applicants may be deemed inadmissible due to past immigration violations, unlawful presence, or criminal history.
We assist in preparing waivers of inadmissibility (I-601, I-601A), crafting compelling legal arguments and evidence of hardship to qualifying relatives.

Even minor inconsistencies can trigger fraud investigations.
Our firm conducts full pre-filing audits to confirm that all documents—birth certificates, translations, and prior visa records—are consistent and authentic.

If a case is denied, we represent clients in motions to reopen/reconsider or appeals before the Board of Immigration Appeals (BIA), ensuring that families have every opportunity to reunite lawfully.

Processing times vary.

Immediate relatives may obtain green cards within 12–18 months, while preference categories can face multi-year delays depending on visa bulletin availability.

Yes.

Applicants who file for Adjustment of Status may apply for Employment Authorization (EAD) and travel permits while awaiting a decision.

Yes.

U.S. sponsors must demonstrate sufficient income or assets under the Affidavit of Support (Form I-864) requirements to prevent the immigrant from becoming a public charge.

In certain cases, humanitarian reinstatement or substitute sponsorship may allow the petition to continue.
Our attorneys evaluate each situation to determine eligibility under current USCIS policy.