Experienced Family-Based Immigration Attorney
Living apart from your spouse and children creates a heavy emotional burden. You may feel overwhelmed by the distance, the complex immigration paperwork and the fear of making a mistake that could cause further delays.
At The Law Offices of Franklin S. Montero, we have focused on helping families face immigration challenges with clarity and care. Our lead attorney, Franklin Montero, grew up in a Dominican immigrant family and understands your struggles firsthand. With him at the helm, our legal team can provide the trustworthy guidance you need to share your story safely and move toward a reunion. Our immigration law firm handles family-based immigration cases nationwide.
Understanding Family-Based Immigration
The path to bringing your family to the United States involves several critical requirements and financial commitments. To sponsor your wife and child, you must submit an Affidavit of Support to prove you can financially support them.
If your income does not meet the federal poverty guidelines, you may coordinate with a co-sponsor to fulfill the requirement. Total costs for this process include various government filing fees, which typically exceed $1,000 per person.
Another concern most clients have is overstaying and its impact on their petition. A prior visa overstay does not result in an automatic denial of a green card application. Specific waivers are available to forgive past immigration violations, allowing a spouse to remain eligible for approval despite their history.
Timing is equally critical, particularly for children who are close to adulthood. Young dependents lose their eligibility at 21. Fortunately, they have a bit of leeway under the Child Status Protection Act (CSPA), which helps prevent children from “aging out” of eligibility.
To get the CSPA age, take the child’s age at the time a visa becomes available and subtract the amount of time the immigrant petition was still open. If the resulting CSPA age is under 21, they may remain eligible for a green card.
Visa Interview Process: What You Need To Know
The interview at the consulate is the final hurdle before your family receives their visas. We prepare your loved ones so they feel confident and ready to answer questions about your relationship and their history. Below are key pointers to take note of:
- Attendees: Principal applicants and any family members 14 or older must attend. While not required, bringing the U.S. sponsor and children under 14 can help demonstrate family unity.
- Required documents: Bring your National Visa Center (NVC) appointment letter, DS-260 confirmation page and an unexpired passport valid for six months beyond entry. Each person needs two identical color photos. You must present original or certified copies of all civil documents, which the officer will return after the interview.
- Translations: Documents not in English require certified translations.
- Fees: Be prepared to pay any outstanding visa fees if they were not settled with the NVC.
Failing to appear or reschedule within one year can lead to case termination. Arriving with a complete, organized packet of evidence is crucial to avoid delays and secure an approval.
Let Us Help You Reunite Your Family
You do not have to face the daunting bureaucracy of family-based immigration alone. At The Law Offices of Franklin S. Montero, we will review your case and provide a clear roadmap for your family’s future. Call us today at 973-869-5556 or fill out this form to set up an appointment. Serving clients nationwide.