Family Immigration Attorney in New York: Reunite Your Family

02Services

Family Immigration Services We Provide

Comprehensive family-based immigration legal services for spouses, parents, children, siblings, and other qualifying family relationships.

• Marriage-based green card applications (IR-1/CR-1)
• K-1 fiance visa petitions and processing
• K-3 spouse visa applications
• I-130 family petition preparation and filing
• I-485 adjustment of status applications
• Consular processing for family-based immigration
• Immediate relative petitions (spouses, parents, children)
• F1, F2, F3, F4 family preference category petitions
• IR-5 parent of U.S. citizen petitions
• IR-2/IR-3 child immigration petitions
• K-2 and K-4 derivative visa applications
• Removal of conditions (I-751) for conditional green cards
• Marriage-based green card interview preparation
• Affidavit of Support (Form I-864) preparation
• IMBRA compliance and waiver applications
• Fraudulent marriage defense and RFE responses

05Questions clients ask

Family Immigration Attorney New York FAQs

How long does a marriage-based green card take to process?

It depends on the route and the office. Adjustment of status inside the U.S. runs I-130 and I-485, biometrics, then an interview at the USCIS field office covering where you live. Consular processing abroad runs I-130, then a National Visa Center document stage, then an immigrant visa interview at the embassy. A spouse, parent or minor child of a U.S. citizen is an immediate relative with no priority-date wait; every other family category waits for a current priority date in the monthly Visa Bulletin. Premium processing is not offered for family-based petitions, so no fee shortens the queue. Processing times change regularly — check the current figure for your form and service centre on the USCIS processing-times page, or ask us at your consultation.

What is the difference between a K-1 fiance visa and marriage visa?

K-1 fiance visas allow your foreign fiance to enter the U.S. to marry you within 90 days, then adjust status to green card. Marriage visas (CR-1/IR-1) are for couples already married, allowing direct immigration with green card upon entry. The K-1 gets your fiancé(e) into the country on a shorter first filing but then needs a full I-485 adjustment after the wedding, so it is two filings; the CR-1/IR-1 is one longer filing that delivers permanent residence on entry. Which is better depends on where you both are, whether either of you can travel, and how the two-filing cost compares for you — not on a published number.

Can I sponsor my parents for a green card?

Yes, if you're a U.S. citizen age 21 or older. Parents of U.S. citizens are immediate relatives (IR-5 category) with no quota or waiting period. You file Form I-130, demonstrate the parent-child relationship with birth certificates, and meet income requirements through Form I-864 Affidavit of Support. Because there is no priority-date wait, the only clock is the USCIS queue for the forms themselves. Green card holders cannot sponsor parents.

What is conditional permanent residence and removal of conditions?

Marriages less than 2 years old at green card approval receive conditional (temporary) green cards valid for 2 years. To obtain permanent status, you must file Form I-751 (Removal of Conditions) within 90 days before the 2-year anniversary. I-751 requires proving the marriage was entered in good faith and remains genuine, not for immigration fraud. Attorney assistance is critical for I-751 success.

How much income do I need to sponsor a family member?

Sponsors must demonstrate income at 125% of federal poverty guidelines based on household size. The current figures are published by USCIS on Form I-864P and rise with household size. Income includes wages, self-employment, retirement, and some benefits. If income is insufficient, joint sponsors or household member income can supplement. Your attorney calculates requirements and develops strategies for complex financial situations.

What happens at a marriage-based green card interview?

USCIS interviews both spouses together (and sometimes separately) to verify the marriage is bona fide, not fraudulent. Officers ask about relationship history, wedding details, daily routines, finances, living arrangements, and future plans. They review evidence like photos, joint accounts, lease agreements, and correspondence. Inconsistent answers or fraud indicators can trigger denials. Attorney interview preparation is essential.

Can I bring my stepchildren to the United States?

Yes. Stepchildren qualify for family-based immigration if the marriage creating the stepparent relationship occurred before the child's 18th birthday. U.S. citizens can petition for stepchildren as immediate relatives (no quota). Green card holders petition stepchildren in family preference categories (F2A for unmarried children under 21, F2B for unmarried children over 21) with significant wait times.

What if we got married while my spouse was in removal proceedings?

Marriage during removal proceedings complicates immigration benefits. USCIS applies heightened scrutiny due to fraud concerns. You may need to demonstrate extraordinary circumstances for the marriage or wait until removal proceedings conclude. Some immigration benefits are barred during proceedings. Consult an experienced attorney immediately for complex marriage/removal proceeding situations.

Can same-sex couples apply for marriage-based green cards?

Yes. Following the 2013 Windsor decision and 2015 Obergefell decision, USCIS recognizes same-sex marriages for all immigration purposes, provided the marriage is legally valid where performed. Same-sex couples follow the same process and receive the same treatment as opposite-sex couples for family-based immigration.

Is this legal advice?

No. This content is for informational purposes and not legal advice. Family immigration involves complex requirements and scrutiny. Consult with a licensed family immigration attorney for advice specific to your situation.