Family Immigration Lawyer For Sponsor-Based Visas in Los Angeles

Most migrants that seek legal consultation risk everything for a fresh start, and better life in the U.S. There are thousands of migrants applying for asylum, re-joining family, or pursuing an employment opportunity. Though, with a backlog of pending immigration cases and a limited number of requests getting processed per day, any changes can be detrimental. Even more so if you are waiting on an immigration petition, filed by a loved one that has passed away. A Los Angeles family immigration lawyer is a great resource when you are filing an initial petition, trying to understand legal terms, and need to address prompt changes.

How Does Form I-130 Get Impacted?

If your loved one (petitioner) was trying to start your immigration and green card application process, they submitted Form I-130 (Petition for Alien Relative). While it is not the only form required, it starts the process of getting you a Green Card. To get approved for the next round, U.S. Citizenship and Immigration Services (USCIS) must verify the relationship. The petitioner must be a permanent resident and U.S. citizen; a direct relative (or spouse); at least 18-years old.

According to the USCIS, “Certain relatives must wait until a visa number is available before they can apply. If [a] relative qualifies as an immediate relative, an immigrant visa always is available.” We recognize this can be a challenging time for you and your family. When an I-130 petition is filed, your sponsor’s immigration status in the U.S. carries weight in a case. Similarly, the relationship you have with the sponsor, the country you are migrating from and whether you have other family members that are permanent residents also contribute to the legal process.

If you live in the U.S. on a temporary visa, you may be eligible to apply for a Green Card. A legal professional, who is well-versed in immigration law, will recommend filling out Form I-485 to apply for permanent residency and adjust your status. However, if your family member passed before starting the process, those living outside the country will have to go for immigration directly through an U.S. Embassy or Consulate.

Who Is Excluded from Filing A Petition?

The USCIS has limited exceptions to strict policies, depending on the circumstances. For context, there are several exclusions a spouse can face when trying to petition on a loved one’s behalf. The form will be denied if filed for the following:

(1)When both spouses were not present at an official marriage ceremony.

(2)If the petitioner obtained a green card through a previous marriage, unless they underwent a change of status (naturalization) and became a permanent citizen for five years.

(3)If the spouse was or is currently involved in court proceedings.

(4)Situations where two persons get married just for immigration benefits.

Green Card Options for Widows and Widowers

Green Cards are an alternative way to apply for citizenship if your spouse or parent (minors applicable only), died recently. If your loved one passed away before filing Form I-130 you can apply directly. Although, if a petition was submitted and approved, there is a chance you can continue on behalf of yourself and your children. An Affidavit of Support (Form I-864) would not be needed. If you are not familiar with the legal jargon or struggling to understand the complexities behind the immigration system, reach out to our trusted attorney for non-sponsor visas in Los Angeles. We can answer questions you may have and provide adequate resources – you don’t have to do this alone.

Is There A Deadline?

The process to becoming a citizen is complex. While recovering from your loss, it is important to keep in mind you have a deadline. An I-130 petition must be submitted no later than two years after your spouse has died according to the Immigration Nationality Act (I.N.A.) If, within that time, you meet your significant other, getting married again can hurt your chances of immediate citizenship.

Green Card Options for Children

Children (that meet USCIS age requirements) and siblings of the petitioner can also apply for green card status. Immediate relatives do not have priority dates, which can make the process less stressful. Preference relatives (distant family members) looking to immigrate based on their relationship to the deceased sponsor, must monitor the number of visas they apply for. A certain number of visas are allotted per country and per year, as it is intended to bring families together. A visa number will be provided once I-130 is reviewed.

You can ask for an immigration case to get reinstated if the petitioner dies. Form I-130 must be approved by the USCIS before the death. The applicant should be living in the U.S. at the time of his or her passing, and resume living there while the government decides. Similarly, you should have a financial sponsor to take the place of your original petitioner. While the circumstances have changed, that does not mean residency will be granted with ease. Those living outside of the U.S. will unfortunately have their petition withdrawn. You’ll need the finest family visa lawyer California has to offer, to put together a compelling case on your behalf and prove why the petition should continue.

Don’t Give Up

When your petitioner dies, consult with a family immigration attorney before making immediate changes. When needed, immigrants can get help from substitute sponsors that can offer a financial relationship. After submitting an Affidavit of Support (Form I-865), the government will assess:

(1)Level of financial assistance provided.

(2)Household status (above 125% of Poverty Guidelines (non-military))

Getting denied, having to start over or seeing severe delays in your pending status can cause you to feel defeated. This isn’t the end; you can count on us at Grey Law. We have years of experience helping clients start their new lives in the U.S. a loved one unexpectedly passes.

Grey Law Immigration

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm. 

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue that is stalling your citizenship, we are here to help. At Grey Law, we strive to help clients through complex processes for positive results. Our Los Angeles immigration lawyers are well-versed in more than several practice areas:

• Family-Based Immigration
• Employment-Based Immigration
• Naturalization and Citizenship
• Permanent Residency and Green Card
• Deportation and Removal
• Immigrational Appeals
• Non-Immigrant Visas
• Criminal Victim Visa 

In the past year, COVID-19 has drastically impacted citizenship in the U.S. We have been able to adjust and act accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.