Immigrating to the United States through family sponsorship can be a complicated process full of paperwork, long wait times, and strict eligibility requirements. Having an experienced family immigration attorney on your side can make all the difference in successfully navigating the system. But not all lawyers are created equal when it comes to family based immigration cases. Finding the right legal representation for your specific situation is key. This guide will walk you through the key factors to consider in your search for the best family based immigration lawyer near you.
Understanding Family Based Immigration
Green Card Through Family
US citizens and green card holders can sponsor certain family members to obtain green cards. The sponsor must prove they can financially support their relatives. Common family based green card categories include spouses, children, parents, and siblings. But each type has its own eligibility criteria, paperwork requirements, and wait times. Hiring a lawyer well-versed in family immigration is crucial to avoid delays or denials.
Petition Process
The sponsoring relative must file Form I-130 to establish their relationship with the immigrant. Documents proving the relationship will be required. The petitioner must also demonstrate they meet income requirements by filing an Affidavit of Support. Additional medical exams and interviews are required later on.
Visa Availability and Waiting Times
Due to annual visa quotas, green card wait times vary greatly by family category. For instance, spouses and minor children of US citizens usually only wait a few months. But citizens sponsoring siblings from Mexico may endure 20+ year waits due to backlogs. Knowing current timelines and planning properly is vital.
Tips for Finding a Good Family Immigration Lawyer
Check Credentials and Experience
Make sure any lawyer you consider is licensed in your state. Also confirm they have experience specifically with family based immigration rather than other types of immigration law. Ask how long they've practiced in this specialty area.
Look for Specialization in Family Immigration
Within family immigration, there are nuances depending on who you need to sponsor. For example, the process for sponsoring a spouse versus sponsoring parents involves different forms, eligibility rules, and wait times. Look for lawyers with expertise in your particular situation.
Find Someone Local
Hiring an attorney located near you makes meeting in-person easier. Local lawyers will also have relationships with your state's USCIS office and local consulates to expedite the process. Plus, you want someone who knows the judges if you end up needing court hearings.
Understand Fees and Billing Practices
Flat Fee vs Hourly Billing
Some lawyers charge flat fees for entire family immigration cases, while others bill by the hour. Flat fees provide predictability but can be pricier upfront. Hourly billing offers flexibility but total costs are harder to estimate. Understand the fee structure.
Be Clear on What's Included
If considering a flat fee, verify what exactly it includes. Does it cover all government filing fees and other case expenses? Are document translations, expert witnesses, or appeals services included if necessary? Don't make assumptions.
Look for Strong Communication Skills
Responsiveness
Look for responsiveness in initial consultations. How long does the lawyer take to return calls or emails? Is their staff helpful? This gives you a preview of their availability throughout your long case.
Clarity
A good lawyer will explain the immigration process and your options clearly without overpromising. Make sure you understand what they say rather than blindly trusting them. Ask questions if confused.
Questions to Ask a Potential Lawyer
Here are some suggested questions to help vet prospective immigration attorneys for your family based case:
How Long Have You Been Practicing Family Immigration Law?
More experience is better when navigating the complex immigration system. Anything under 5-10 years may be concerning.
How Many Family Based Cases Have You Handled?
Ask not just years practicing, but number of specifically family based cases completed. A higher volume shows greater familiarity with the nuances.
What Is Your Success Rate?
Responsible lawyers should have over 90% approval rates for family petitions. Anything under 80% may be a red flag of denials due to poor services.
How Do You Keep Clients Updated on Their Case?
The immigration process involves long waits. Make sure your lawyer has systems to proactively provide status updates rather than leaving you in the dark.
Finding the right immigration attorney to handle your family based green card application requires research and diligence. But having an experienced professional who understands the process and intricacies can mean the difference between approval and denial. Take the time to thoroughly vet lawyers' credentials, expertise, fees, and communication skills. The effort will pay off with efficient, successful immigration for your family.
