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Dubrule & Nowel PLLC
813-736-0043
Guiding You Through Every Step Of Your Immigration Journey
Attorneys Chelsea M. Nowel And John E. Dubrule

Tampa Family Immigration Lawyers Keeping Families Together

It’s rare that immigration cases are entirely isolated to one person. If you’re an immigrant to the U.S., you likely have loved ones who are also looking to call the United States home. At Dubrule & Nowel, PLLC, our Tampa family immigration lawyers do everything in their power to keep families together and help you realize your long-term goals of residency or citizenship.

Who Can Be Sponsored

In pursuing a family-based immigration method, there is an important dividing line between immediate relatives and the extended family of lawful permanent residents. U.S. citizens have a streamlined green card process for their spouses, parents and children under 21. For further relations, and for the relations of lawful permanent residents, the preference categories for these visas are as follows, according to the U.S. Citizenship and Immigration Service (USCIS) website:

  • F1 visas: Called “first preference” visas, these are for the unmarried, over 21 children of U.S. citizens.
  • F2A and F2B visas: These are “second preference” visas. F2A visas are available to a lawful permanent resident’s spouse and unmarried, under 21 children. F2B visas are available to a lawful permanent resident’s unmarried children over 21.
  • F3 visas: These “third preference” visas are for a citizen’s married children.
  • F4 visas: The “fourth preference” visa is available to a citizen’s brothers and sisters.

After the “first preference” and the immediate family of citizens, the number of available annual visas decreases. The lower the preference, the more of a challenge it is to receive a green card. However, we’ve seen success in filing petitions for all preferences, and there is always a chance.

This preference system is a source of frustration for many people who see some groups gain admittance to the U.S. Some people have few issues and some people have years-long difficulties.

Who Can Sponsor Family Members?

The eligibility of a person to sponsor someone in their family to come to the U.S. is limited to citizens and lawful permanent residents. Furthermore, your ability to sponsor a family member is limited considerably:

  • Citizens: U.S. citizens have the widest ability to sponsor family in other countries and can sponsor their children of any age, their parents, their spouse, their fiancé(e)s and even siblings. However, there are different priorities for each of these and the success of these petitions can change depending on many factors. For example, a citizen can only sponsor a sibling if the citizen is over 21.
  • Lawful permanent residents: Permanent Residents are also able to sponsor a family member to come to the U.S but there are additional considerations taken into account for this process. A lawful permanent resident can only sponsor their children and spouse. Furthermore, the visas for these are of a lower preference than the visas for adult children of citizens.

If you seek to bring to the U.S. someone who is a further relation of yours, such as an aunt or cousin, you may not have that opportunity using the family-based visa processes. That does not mean you have no options at all; it just means we will have to look more closely at your case and the circumstances of your petition.

Becoming A Permanent Resident

One of the most common ways for noncitizens to obtain their permanent residency is by having a family member apply for them. These are called family petitions and they can be filed on behalf of parents, children, spouses and siblings.

Once a petition has been approved and is current, there are two ways to apply for permanent residency in the United States:

  1. Adjustment of status: If you entered the United States with permission and have a U.S. citizen spouse or child over the age of 21, this may be a good option for you. Adjustment of status allows you to remain in the United States throughout the entire process and to obtain your permanent residency without leaving the country.
  2. Consular processing: If you entered the United States without permission, have fallen out of status or have a permanent resident spouse, parent or are using your U.S. citizen sibling, you may need to use consular processing to obtain your residency. This method involves an interview at the U.S. embassy in your country of origin.

Many factors go into both types of cases, and your eligibility for each can depend on your date of entry, your immigration history or even the date a petition is filed. We can help determine the best course of action to pursue permanent resident status based on your unique situation.

K-1 / Fiancé(e) Visas

If you are engaged to someone living outside of the United States, you may qualify to apply for a fiancé(e) visa on behalf of your intended spouse. This type of visa can be great for couples who are looking for the shortest wait time to begin a life together in the United States.

Once the visa is approved, your fiancé(e) will have an interview at the U.S. embassy in their home country. After the approval at the interview, they will travel to the United States with the plan to marry you within 90 days of arrival.

While this can be a great option to get your fiancé(e) to the United States, once here, they must still apply for adjustment of status in order to get their permanent residency.

Frequently Asked Questions About Family-Based Immigration

Family-based immigration can feel overwhelming, especially when unexpected issues come up during the process. The answers below address some of the most common concerns we hear from clients, including criminal history, adoption-based petitions and what to do if something changes in the middle of your case. Because small details can make a major legal difference, these FAQs are general information and not a substitute for individualized legal advice. If you want guidance tailored to your circumstances, our team can review your situation and help you understand your options.

A criminal record can impact a family-based case in a few different ways, depending on who has the record and what the offense was. If the person being petitioned for has certain criminal convictions, USCIS may find them “inadmissible,” which can prevent approval of a green card through adjustment of status or consular processing. Even old cases, withheld adjudications or expunged charges can still matter in immigration, so it is important to obtain certified court dispositions and evaluate them under federal immigration rules.

Some issues can be addressed through legal analysis, updated records or – when available – an immigration waiver, but not every conviction is waivable. If the U.S. citizen or lawful permanent resident petitioner has a criminal history, that can also matter in certain situations, including some petitions involving children or fiancé(e)s where specific offenses can trigger additional scrutiny or restrictions. Our office can review your full immigration and criminal history, identify potential risks before you file and help you pursue the safest strategy for your family.

In many cases, yes – but adopted-child cases have specific requirements, and timing is often one of the biggest issues. Immigration law distinguishes between adoptions finalized before the child turns 16 (or, in some situations, 18) and other forms of guardianship or informal caregiving arrangements that may not qualify as an “adoption” for immigration purposes. USCIS will also look closely at whether the required legal parent-child relationship exists under the rules that apply to your situation.

Some families may qualify through the “orphan” process or the Hague (Convention) adoption process, while others may qualify through a family petition after a qualifying adoption and custody period. Details such as when custody began, how the adoption was finalized, and whether the child is inside or outside the U.S. can change the available options. We can review your adoption documentation and your child’s circumstances to determine the best path to bring your child home and avoid unnecessary delays.

If your green card application is denied, the next step depends on why it was denied and whether you applied through USCIS (adjustment of status) or through a U.S. consulate (consular processing). Some denials are based on missing evidence or misunderstandings that may be addressed through a motion to reopen or reconsider, an appeal or a new filing. Other denials involve legal issues such as inadmissibility, prior immigration violations or allegations of fraud, which require a careful and strategic response.

In certain situations, a denial can also lead to removal (deportation) proceedings – especially if you are out of status – so it is important to get legal advice quickly rather than waiting. If the issue is something that may be waivable, there may be a path forward through a waiver application or a different immigration strategy. We can review the denial notice, explain what it means in plain language, and help you choose a plan that protects your status and your long-term goals.

A petitioner’s death is devastating, and it can also create serious immigration consequences – but it does not always mean the case is over. Whether the process can continue depends on factors such as the type of relationship, whether the petition has already been approved and whether the person seeking the green card is in the United States. In some cases, immigration law allows the petition to move forward through a request sometimes called “humanitarian reinstatement” or another request to continue the case despite the death.

Some surviving relatives may also qualify under special provisions depending on the facts and timelines involved. These cases are often time-sensitive and documentation-heavy, and they may require coordination with USCIS and/or the National Visa Center. Our attorneys can evaluate eligibility, gather supporting evidence and prepare the strongest possible request to preserve your ability to pursue permanent residence.

Explore Your Family’s Options With the Help of a Trusted Tampa Family Immigration Lawyer

If you’re helping a family member come to the United States, apply for residency or overcome an immigration challenge, the skilled family immigration attorneys at Dubrule & Nowel, PLLC, can help. Every case starts with a consultation to determine the best path forward for your unique circumstances.

To explore your options for family-based immigration, contact Dubrule & Nowel, PLLC, today for a confidential consultation with our family-based immigration lawyers. Call us at 813-736-0043 to discuss how we can help keep your family together and achieve your immigration goals.