Helping Clients in San Diego
Choose Immigration Attorneys with Decades of Experience
The Rodriguez Law Firm has helped many clients petition their spouse, parents, children, and siblings get their green card or naturalize to become U.S. citizens. Whether through adjustment of status or by consulate process our legal team is experienced and ready to help you get your green card or become a citizen of the United States.
Our mission at Rodriguez Law Firm is simple: As champions of hope and family unity, we offer our clients the guidance, knowledge, and professional experience that increases their chances of getting an approved application for a green card or work permit to naturalize and become a U.S. citizen.
Our immigration services include:
- Adjustment of status and green cards
- Deportation defense
- Fiancé visas
- U.S. citizenship and naturalization
- U Visa
About Family-Based Immigration and Visas
At Rodriguez Law Firm, we have handled all types of inquiries and cases that involve family-based immigration and visas. Below, we go in-depth about the types of visas, preference categories, and waivers you may encounter during your immigration process.
Types of Visas
There are two types of visas. We can help you get the right one. These include:
- An immigrant visa allows the non-citizen applicant to move and live in the United States on a permanent basis.
- The non-immigrant visa is given on a temporary basis to tourists, students, business, or to those that want to work in the United States for a limited time.
The Immigrant Visa
If you want to permanently live in the United States we can help you get an immigrant visa. There are two types of immigrant visas that allow foreigners to permanently live in the United States:
- Family-based petitions: Where a U.S. citizen or legal permanent resident can petition on behalf of certain family members
- Employment-based petitions: Where an employer petitions the person
The Family Visa
A U.S. citizen or green card holder (permanent resident) can petition and sponsor certain family members that are already living in the United States and want to adjust their status in the United States. Another U.S. citizen can petition on behalf of family members that live in their home country and need to do consulate process so they can move to the United States.
United State Citizen Petitioners
U.S. citizen can petition their immediate relatives so long that they are at least 21 years old. The benefit of a U.S. citizen filing for their immediate family member is that there is no waiting in line for a visa. The USICS will begin to process the application when they receive it.
Immediate relatives include:
- Your husband or wife
- An unmarried child who is under 21
- Your mother(s) or father(s)
Siblings do not count as immediate family members.
When the family member is not an “immediate” family member, the review of the petitioner’s application will fall under a preference category that prioritizes when it will be processed. The following preference categories apply:
- First preference: Unmarried adult children (over 21) of U.S. citizens
- Second preference: Spouses and unmarried children of permanent residents
- Third preference: Married children of U.S. citizens
- Fourth preference: Brothers and sisters of adult U.S. citizens
A visa becomes available to a preference category based on the date the I-130 was properly filed.
If a permanent resident becomes a U.S. citizen after filing an I-130 application for a family member can change their visa classification by notifying the USCIS office. This will change the category to “immediate” and speed up the review process of the application.
Other family visas filed by U.S. citizens include:
- K-1 Fiancé(e) Visa
- K-2 Visa for the children of the fiancé(e)
- K-3 Non-Immigrant Spousal Visa
- K-4 Non-Immigrant Visa for child of spouse
Spouse visas are one of the most common ways to petition a family member. U.S. citizens or permanent residents are allowed to petition their foreign spouse and bring them to the United States after filing an I-130 application and completing a consulate interview. The process requires a showing that it is a bonafide marriage. If approved, the spouse can move to the United States.
Waivers of inadmissibility may be available for persons that are inadmissible from the United States due to unlawful presence, fraud, or prior criminal convictions.
This waiver is available for persons that entered the United States illegally and needs permission to return to the United States after the consulate interview in their home country. To be eligible for a provisional waiver, the person must be married to a U.S. citizen or have a U.S. citizen child or parent. They must show that there is extreme hardship to the U.S. citizen family member. Provisional waivers are limited to issues of unlawful presence and not for any criminal grounds of inadmissibility.
(619) 332-1703 to request a free consultation with at Rodriguez Law Firm.
Services are also available in Spanish.
I could not have received a better outcome in my case!- S. K.
This process took over a year because of the court's backlog but through it, all John stayed positive, kept us on track, and my family and I couldn't be more grateful and thankful for all of his hard work.- Kristen S.
They answered all my questions!- Chen D.
We are here to help immigrant families live the American dream. We do this by offering competitive Fees and Payments Plans designed to help you afford our services.
Our commitment to our clients will never waiver. We strive to always provide our clients with professional services and the best legal solutions available.
We understand that clients need to trust their attorney. We work hard to earn your trust by being transparent and honest with our legal advice and proposed solutions.
Our integrity is the key to a successful Attorney-Client relationship. We are committed to always serving your best interest with integrity and respect.