Family immigration cases can feel especially stressful because the outcome affects the people closest to you. Fayad Law helps Fairfax families understand eligibility, filing requirements, and the steps involved in bringing or keeping loved ones together. Our attorneys handle both immediate-relative and family-preference cases while giving clear guidance on timelines, documents, and possible complications.
Fairfax is home to families from nearly every corner of the world, and many face the same question: how can we bring a family member to the U.S. or help them remain here legally? A family immigration lawyer in Fairfax, VA, first determines which immigration category fits the relationship and circumstances. From there, we help clients prepare family petitions, complete consular processing or adjustment of status, and apply for permanent residency when that option becomes available.
Northern Virginia’s immigrant community is large, and a lot of families here are one filing away from being reunited, or one avoidable mistake away from a longer wait than necessary. A family immigration attorney Fairfax families call on knows the specific pressure points, missing documentation, an unclear relationship history, a visa category mix-up, and works to get ahead of them before they turn into delays.
Family cases come in more varieties than people expect, and we handle the full range for Fairfax clients.
The type of green card available depends on who is sponsoring the family member and what their immigration status is. A U.S. citizen and a permanent resident do not always have the same options or wait times, so the first step is understanding which category actually fits the case.
Marriage-based cases move faster when the relationship evidence is organized and credible from the start. Our job for Fairfax couples is building a petition that holds up under USCIS review, not just one that technically checks the boxes.
Petitioning for a parent or child depends heavily on the sponsor’s status and the child’s age at filing. We walk Fairfax families through the category rules so a small miscalculation doesn’t turn into a much longer wait.
Bringing a fiancé to the U.S. runs on a strict 90-day clock once they arrive, and the K-1 visa petition itself needs solid evidence of a genuine relationship well before that. For Fairfax couples, that means getting the filing prepared and getting them ready for the consular interview.
For family members already in the U.S., adjustment of status can mean pursuing a green card without leaving the country. Our team confirms eligibility for Fairfax clients and files it accurately the first time.
When a family member lives outside the U.S., the case moves through the National Visa Center and a consular interview instead. This is where Fairfax families lean on us to prepare the documentation this route requires.
Every family case starts with the right petition, and getting the category and evidence right at this stage shapes everything that follows. Fairfax clients count on us to avoid the errors that slow a petition down before it’s even reviewed.
Most family cases follow a similar arc: establish the relationship through a petition, then either wait for a visa number to become available or move straight into adjustment of status or consular processing, depending on the category and where the family member currently lives. Immediate relatives of U.S. citizens generally move through this faster, since no annual cap limits how many visas are available. Other family categories fall into preference groups with yearly limits, and the wait can stretch considerably longer depending on the specific category and country of birth.
Family cases carry weight that goes beyond paperwork, and we treat them that way. Our Fairfax clients get direct communication throughout the process, accurate filings the first time, and an honest read on timelines instead of a number picked to sound reassuring. We’ve guided families through straightforward petitions and complicated ones alike, and we bring the same attention to both.
Timing depends heavily on category. Immediate relative cases, spouses, parents, and unmarried children under 21 of a U.S. citizen, tend to move through the process in roughly a year to a year and a half. However, current USCIS processing can shift that. Preference categories vary far more, sometimes running several years, occasionally longer depending on the relationship and the sponsored relative’s country of birth. Treat any specific number as a general guide, not a fixed promise, since timelines change based on current government processing and visa availability.
Every month a family stays apart matters, and filing a petition correctly the first time is the best way to avoid unnecessary delay. Our Fairfax team is ready to review your situation and walk you through what comes next. Call (703) 998-5390 to get started.
Nash J. Fayad
Founder & Managing Attorney
Richmond VA, Fairfax VA
Dariel Cancel
Partner & Managing Attorney EOIR Division
Fairfax VA, Washington DC
Patricia Wonder
USCIS Division Manager
Fairfax VA
Jake Weiss
Civil Litigation Attorney
Richmond VA
There are dozens of different types of visas available under the provisions of the Immigration and Nationality Act (INA), but they can all be placed in one of two categories: immigrant and nonimmigrant visas. The former is for individuals who are hoping to establish permanent residency with a green card and perhaps even to pursue the path to naturalization and citizenship. The latter is for those who are only planning a temporary visit to the United States, such as for the purpose of conducting business or attending school.
The INA sets limits on the number of people who will be permitted to immigrate to the United States each year using certain types of visas, while other visas are unlimited. Family immigration visas for the immediate relatives of U.S. citizens are available on an unlimited basis, while there are annual quotas set for the relatives of lawful permanent residents and extended family of citizens, with a maximum quota of 480,000. The number of employment immigration visas is limited to 140,000 per year.
Pathways to citizenship include service in the United States military and adoption, but a large percentage of all people who become citizens do so through the process of naturalization. The basic qualifications for naturalization include:
It is also necessary to supply evidence that you are a person of good moral character and are attached to the principles of the U.S. Constitution. We can assist you with proving these factors, as well as preparing your petition and helping you get ready for the tests.
In June of 2012, the Obama Administration directed the Department of Homeland Security (DHS) to begin applying a policy that is referred to as Deferred Action for Childhood Arrivals (DACA). Under deferred action, DHS is exercising discretion in its execution of the laws concerning deportation and removal of immigrants who are illegally present in the United States. Deferred action is not a change to the existing law, but is instead a change in the way that the law is being applied. You may qualify for relief under DACA if you were younger than 31 years of age on June 15, 2012, came to the U.S. before your 16th birthday, have continuously resided in this country since June 15, 2007 and are either currently in school or have already graduated from high school or earned your general education development (GED) certificate, among other criteria. With deferred action, you may be able to avoid being deported, though it does not grant any change of immigration status.
In its review of immigrant visa petitions, the U.S. Citizenship & Immigration Services (USCIS) weighs factors related to the ties that the prospective immigrant has in the United States and the reasons why he or she wants or needs to come to live in this country. For example, a family immigration petition will not be approved unless the foreign national has immediate relatives such as a spouse, mother or father, child or sibling already living here as a citizen or green card holder. An employment immigration petition is more likely to receive approval if the applicant has a job offer in this country and is coming to fill a position that cannot reasonably be filled from the local labor market. A foreign national who is fleeing persecution in his or her home country may be granted an immigrant visa as a refugee or asylee.
There are many strategies for challenging a removal action. If the proposed deportation is based on a criminal conviction, it may be possible to appeal the conviction in order to have it overturned. Another option is to petition for cancellation of removal, a type of immigration relief which is available to people who are of good moral character and whose deportation would subject a family member who is a citizen or permanent resident to extreme hardship. The key to success in stopping deportation is to take immediate action by hiring a Virginia immigration attorney from our firm as soon as possible. Contact us now at Fayad Law, P.C. for a confidential consultation and to let us get started on your case!
Fayad Law, P.C. maintains offices in Richmond and Fairfax, Virginia. We work with individuals, families, and businesses across the world, providing them with assistance in resolving the legal issues involved with helping their loved ones and employees to immigrate to the United States. We work directly with foreign nationals living abroad, guiding them through the process of obtaining immigrant and nonimmigrant visas for entry to the U.S.
