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Family Based Petitions

Family-Based Immigration Attorneys in Miami

Representing Families throughout Southern Florida

The United States has always been a melting pot of people, races, and cultures. It is a country that has always been accepting of immigrants; however, our country’s generosity has led to overpopulation. As a result, the United States government has become stricter with processing visa and green card applications. Processing times for some visas or green card applications can take years or even decades, depending on the familial relationship.

Meanwhile, millions of legal permanent residents and United States citizens want to reunite with family members who live in another country. Even worse, notaries and other individuals take advantage of these families by giving incorrect legal advice, making false promises, and fraudulently taking money with no intention of performing an immigration service. Families need quality immigration advice from experienced immigration lawyers now more than ever.

For families in Miami, the process can feel even more overwhelming because different agencies may be involved, depending on whether your loved one is abroad or already in the United States. You may be dealing with U.S. Citizenship and Immigration Services, the National Visa Center, and the U.S. consulate while also worrying about what will happen if a relative is detained at Krome Detention Center or has a hearing at the Miami Immigration Court. Working with a family visa attorney Miami residents can turn to for clear guidance can help you understand which steps apply to your situation and how to avoid mistakes that could cause delays or denials.

Call Hubbs Law Firm for immigration representation you can trust. Reach out to us at (305) 570-4802.

Types of Family-Based Petitions

Family petitions are based on the preference category of the family member petitioning for you.

Preference categories include:

  • Immediate Relatives: These petitions include U.S. citizens petitioning for spouses, U.S. citizens petitioning for unmarried children under the age of 21, and U.S. citizens who are over the age of 21 petitioning for their parents.
  • First Preference: These petitions include United States citizens applying for their unmarried adult children who are over the age of 21.
  • Second Preference (2A): These petitions include legal permanent residents applying for their spouses or their unmarried children under the age of 21.
  • Second Preference (2B): These petitions include legal permanent residents applying for their unmarried adult children who are over the age of 21.
  • Third Preference: These petitions include United States citizens applying for their married children of any age.
  • Fourth Preference: These petitions include United States citizens who are over the age of 21 applying for their brothers and sisters.

Preference Categories

Millions upon millions of individuals are seeking to enter the United States. Therefore, the United States Citizenship and Immigration Services (USCIS) has implemented priority dates dependent on the preference categories above. Immediate relatives do not need to wait in line, and a visa or green card should immediately be available after the petition is approved.

Visa and green card availability on other petitions is set by priority date. The priority date is determined in order of the highest preference category. After that, the priority dates are given to petitioners in chronological order based on the earliest filing date. Visa and green card availability and waiting times are also based on the country of the beneficiary. Depending on the country and preference category, waiting periods for visas and green cards can take over a decade.

You should contact a Miami family immigration attorney experienced in green card petitions to evaluate your case and preference category to determine the estimated processing time of your application.

Petition to Remove Conditions on Green Card in Miami

Individuals who have an adjusted status to a legal permanent resident initially receive a conditional green card for two years. After those two years, they must file a petition to remove the conditions on their green card to receive a green card valid for ten years.

The issue with any petition to remove conditions in the case will be whether the underlying marriage was real. USCIS will be extremely skeptical of any marriage that resulted in a divorce or separation during the two years of the conditional green card. Therefore, it is extremely important that you hire an experienced Miami immigration attorney to file adequate supporting evidence to give you the best opportunity to get your application approved.

In Miami, this type of case often involves couples who have built a life together that includes work, school, and family obligations, but who may now be separated or facing divorce in the middle of the process. A family visa lawyer Miami residents consult for these matters can help identify the strongest documents to prove the relationship, explain how local USCIS offices typically review conditional residence cases, and prepare you for questions that may come up in connection with any prior filings or interviews.

Supporting documentation that shows that the marriage was real may include:

  • Affidavits from individuals familiar with the marriage
  • Children’s birth certificates
  • Documents showing a spouse’s name change

How We Help With Family Visa Cases in Miami

Many families are unsure where to start when they first consider filing a petition, especially when different relatives may qualify under different preference categories. We walk you through whether your loved one should apply for consular processing abroad or adjustment of status in the United States, and we explain how each option works with current processing times. Because we regularly represent individuals in Miami-Dade County, we understand how local issues such as prior arrests, traffic cases in county court, or past encounters with immigration officials at Miami International Airport can affect a family-based case. Our goal is to give you a clear roadmap so you understand the steps ahead before you commit time and money to the process.

When you meet with us, we review your family history, immigration records, and any criminal history in detail to identify potential problems before they appear in front of USCIS or the consulate. We also help you collect and organize supporting documents, prepare written explanations when something in your history needs clarification, and get ready for interviews at local USCIS offices or at a U.S. consulate abroad. For families with loved ones in detention at facilities such as Krome, we can coordinate a strategy so that criminal, detention, and family-based immigration issues are addressed together rather than in isolation.

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Attorneys E.J. & Erika Hubbs

As professional Miami criminal defense attorneys, we take every case personally give every client the deliberate care it deserves. Our clients become part of our family and we fight relentlessly for their rights. Read more about us to find out how we can help you.

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Client Testimonials

  • "Erika is super passionate and you can tell with how she handles herself in court. I definitely recommend her services."
    Gabriela
  • "If you ever need an attorney E. J. and the whole Hubbs Law Family is the attorney you need"
    Dre Dre
  • "I’m very happy to have found E. J. And Erika Hubbs because their energy, knowledge, and advise helped me become a US citizen."
    Paola Eckel
  • "They would take our calls for the smallest questions, answer our emails and guide us through the entire process."
    Dolsin Rivas
  • "I honestly feel beyond lucky to have had their guidance and support in a time I felt vulnerable in this immigration climate."
    Zoe Gorospe
  • "She made the process seamless, she was there for any questions we had, answered our phone calls or emails, and stayed on top of our case."
    Alfred Pereira
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