FAMILY-BASED IMMIGRATION

Philadelphia Family-Based Immigration Attorney

The Law Office of Tejal Mehta is experienced in handling all types of family, spouse, and fiancé visas.  Attorney Tejal Mehta recognizes how difficult it is for a family to be separated because of immigration status and will be as committed as you are in your objective to bring your family member over as soon as possible.

Although bringing family members to the United States can be a lengthy and complicated process, attorney Tejal Mehta has the experience and judgment necessary to help you prepare your application correctly, flag issues that could potentially cause a denial, and look for ways to overcome the problem.

Family Preference Visa Categories

A limited number of family visas are available each year based on a particular family relationship.  The current preference categories are:

1. Immediate Preference: Spouses, unmarried children under age 21, and parents of U.S. citizens qualify as immediate relatives and do not experience a waiting period.
2. First Preference: Unmarried children over age 21 of U.S. citizens are next in line.
3. Second Preference: Immediate relatives of permanent residents, such as spouses and unmarried children of all ages, are in this category.
4. Third Preference: Married children of U.S. citizens must wait in this line.
5. Fourth Preference: Siblings of U.S. citizens are in this last preference category.

K Visas

These are a category of visas only available to a foreign national spouse or a fiancé/fiancee of a United States citizen.  They include:

1. K-1 Visa: Allows a fiancée or fiancé of a U.S. citizen to enter the U.S. for the purpose of marriage.  Once the couple marries, the foreign national can adjust status to become a lawful permanent resident of the U.S.
2. K-3 Visa: Permits the spouse of a U.S. citizen to lawfully enter the United States.

Form I-864 — Affidavit of Support

Insufficiency of the petitioner’s income on form I 864, Affidavit of Support, is a common reason for denial of an immigrant visa.  Petitioners of most family based immigrant visas (and certain employment-based visas) must submit Form I-864, Affidavit of Support, on behalf of the family members they are sponsoring to demonstrate that their immigrating family members will not become a “public charge.”  The sponsor must normally show that his or her current and future household income will be at least 125% of the poverty guidelines.

The Law Office of Tejal Mehta assists its clients with the preparation of form I 864 to ensure they are found financially eligible to sponsor their relative.  When the client cannot show sufficient annual income to qualify as a sponsor, Attorney Tejal Mehta will work closely with them to help determine if sufficient assets exist to meet the income requirements or whether a qualifying joint sponsor needs to be found.

If you are seeking to bring your family member to the U.S., contact the Law Office of Tejal Mehta to schedule a consultation to help you clearly understand all the steps involved and how we will assist you.