Reuniting Families —Arizona Family-Based Immigration Lawyer

Living countries or even continents away from a loved one can be heart-breaking.  In an effort to reunite families within the borders of the U.S., our country offers the option of family-based immigration.  While petitioning for a family-based immigration can provide your relative with legal clearance to enter the country, the process is often complex and results are far from guaranteed.  Those who seek the re-entry of a loved one who was once deported face challenges of an even greater magnitude.

At Chastain & Afshari, LLP, we understand the hardship of being away from those you love.  If you are seeking to bring a relative to Phoenix, or anywhere else in Arizona, the experienced Phoenix  immigration attorneys at Chastain & Afshari, LLP, can help.  Our firm works with diligence and passion to reunite family members with their relatives back in the U.S. as quickly as possible.

Eligibility for a Family-based Immigration Petition

Your status within the U.S. will impact your family-based immigration petition.  In order to file a family-based immigration petition for your relative, you must be either a:

  • U.S. Citizen;
  • Permanent Resident; or
  • Asylee or refugee admitted to the U.S. within the past two years

Family-based Immigration Petitions by U.S. Citizens

U.S. citizens can petition for many different types of relatives to enter the U.S., including:

  • Fiancé
  • Spouse
  • Unmarried children under the age of 21
  • Married children
  • Children over the age of 21
  • Parents (if you are over 21)
  • Siblings (if you are over 21)

U.S. citizens seeking to bring over a family member will need to file a Form I-140, Petition for Alien Relative.  With this petition, all documentation should be included, such as proof of U.S. citizenship and evidence of relationship.  You will also need to file an Affidavit of Support, Form I-864, demonstrating you can support the immigrant.

Spouses of U.S. citizens, children under the age of 21, and parents are considered immediate relatives and will not have to wait in line for a visa.  All other relatives will be placed in line with other immigrants to obtain a visa.

Family-based Immigration Petitions by Permanent U.S. Residents and Refugees

Permanent U.S. residents can only petition for their spouse and unmarried children, regardless of age, to join them in the U.S.  The process is essentially the same as for U.S. citizens, but there is no immediate relative status.

Refugees or asylees in the U.S. can seek the immigration of their spouse or child.  The process is quite different, requiring filing of a Form I-730.

Seeking a Waiver for the Return of Deported Family Members

The deportation of a family member can shatter a family, resulting in years of separation and the possibility of permanently living apart.  Losing a spouse, parent, or child is a devastating loss, both emotionally and financially.  Often, the remaining family members of a deported individual feel lost and alone, struggling to comprehend the ramifications of the deportation and the steps necessary to bring their loved one back to the U.S.

Deported family members generally face years of waiting before they can apply for a visa.  However, deported individuals can seek a Form I-212 waiver to allow them to re-enter the U.S. sooner.  The waiver is complex and will require supporting documentation, which an immigration attorney can greatly assist in.

Chastain & Afshari, LLP: Helping Families Reunite in Arizona

The Phoenix based immigration lawyers of Chastain & Afshari, LLP, wish above all else to see families happily reunited in the U.S.  Our experienced immigration attorneys will guide you through the intricate family-based immigration process, ensuring forms are filled out completely and accurately, and all necessary documentation is provided.  With our assistance, your family member could be on his or her way to America in no time.  Call us today at (623) 552-6168.