Family-Based Immigration Attorney in East Orange, New Jersey

Family-based immigration offers hope to many individuals seeking to reunite with loved ones in the United States. The process, however, is often overwhelming and filled with uncertainty. 

Whether you’re sponsoring a spouse, parent, or child, each case carries deep emotional and legal weight. These cases aren’t just about paperwork—they’re about preserving relationships and keeping families together.

Many individuals come to this process unsure of where to begin or worried about how long it will take to bring family members here legally. The stress of separation and the pressure of doing everything right can feel unbearable. That’s why working with someone who understands both the law and the emotional toll can make a real difference in your case.

At the Law Office of Angus U Ejiofor, LLC in East Orange, New Jersey, families find the support and guidance they need during one of the most significant journeys of their lives. If you’re exploring this path, reach out to an immigration attorney from the firm today to get the answers you need and take the first step forward with confidence.

Immediate Relatives and Preference Categories

In family-based immigration, U.S. citizens and lawful permanent residents (green card holders) can petition for certain family members to join them. However, the type of relationship you have with your relative affects how long the process might take.

There are two main groups of eligible relatives: immediate relatives and those in preference categories. Immediate relatives—such as spouses, unmarried children under 21, and parents of U.S. citizens—aren’t subject to annual visa limits. This means they often move through the process faster than others.

Family members who fall into preference categories, such as adult children and siblings, may face longer wait times due to visa caps. The timeline can vary widely depending on the country of origin and the specific relationship. Knowing where your loved one falls in this system helps you plan accordingly and prepare for the steps ahead.

Filing the I-130 Petition

The first formal step in a family-based immigration case is filing Form I-130, Petition for Alien Relative. This petition proves the legitimacy of the relationship between the petitioner and the family member seeking immigration status.

Along with the petition, you must submit documents that verify the relationship. These may include birth certificates, marriage certificates, or adoption records, depending on the nature of the family tie. If any documents are in a language other than English, certified translations must also be included.

Mistakes in this phase can cause significant delays or even denials. That’s why working with an immigration attorney at the Law Office of Angus U Ejiofor, LLC can make a difference. Having someone guide you through document preparation and legal strategy can help reduce stress and improve your chances of success.

Adjustment of Status vs Consular Processing

Once the petition is approved, the next step depends on where the immigrant relative currently resides. If they’re already in the United States, they may be eligible to adjust their status without leaving the country. This process allows them to apply for a green card while remaining with their family.

If the family member is abroad, they’ll likely go through consular processing. This involves attending an interview at a U.S. consulate or embassy in their home country. Each method has different timelines, procedures, and risks. Choosing the right path depends on the family’s situation, the relative’s immigration history, and the timing of visa availability.

An experienced immigration attorney can help families decide which option offers the smoothest route forward. Understanding the pros and cons of both options can reduce unexpected delays and avoid costly mistakes, which leads to the next important consideration.

Potential Barriers to Approval

Family-based immigration is never guaranteed. Even with a valid relationship and accurate documents, some applications are denied due to legal or procedural complications. A few common barriers can create serious setbacks in the process.

Some key factors to keep in mind include:

• Immigration violations: If the applicant previously overstayed a visa or entered the country unlawfully, this could lead to bars on reentry or other penalties. Waivers may be available, but they require strong documentation and legal support.

• Criminal history: Certain criminal offenses can make someone ineligible for a visa or green card. While not all convictions lead to denial, they often require a thorough legal analysis to determine whether a waiver is needed.

• Inconsistent documentation: Mismatched dates, missing forms, or incomplete applications can trigger Requests for Evidence (RFEs) or outright denials. Thorough preparation is key to avoiding these setbacks.

• Public charge issues: The government may deny applications if they believe the immigrant relative is likely to rely on public assistance. Affidavits of support and financial documentation are essential in these cases.

Having a knowledgeable immigration attorney can help families address these risks early and take steps to overcome them. Planning ahead can make a big difference in how smoothly the application process moves forward.

Processing Times and Delays

Family-based immigration cases often involve long waiting periods, especially for those in preference categories. Processing times vary based on the relationship type, the immigrant’s country of origin, and the current backlog at USCIS or the National Visa Center.

It’s common for applicants to wait months or even years for visa numbers to become available. Government backlogs, changes in immigration policy, and administrative errors can add to delays. It’s important to stay informed about your case’s status and respond promptly to any requests from immigration agencies.

The Law Office of Angus U Ejiofor, LLC helps families stay organized and on track. Their attorney follows up on client petitions, monitors changes in immigration policy, and helps clients respond quickly to notices or interview requests. This kind of proactive support can ease some of the anxiety caused by long wait times.

Green Cards for Spouses and Fiancés

Bringing a spouse or fiancé to the United States involves a slightly different process depending on the current immigration status of the petitioner and the location of the foreign-born partner.

U.S. citizens can petition for a spouse through a direct immigrant visa process or file a K-1 fiancé visa if they aren’t yet married. Lawful permanent residents can also petition for a spouse, but they may face longer processing times. Regardless of the route chosen, the government will evaluate whether the relationship is legitimate.

This often means submitting extensive documentation, attending interviews, and in some cases, answering questions about the couple’s shared life. An immigration attorney can help couples present a convincing and truthful case, while preparing for the detailed scrutiny that often comes with marriage-based green card applications.

Bringing Children and Parents

Family-based immigration isn’t limited to spouses. Children and parents of U.S. citizens can also qualify for immigration benefits. For parents, the petitioner must be 21 or older and able to support them financially.

Children can be petitioned for by either U.S. citizens or permanent residents, depending on their age and marital status. Unmarried children under 21 are classified as immediate relatives, which often leads to faster processing. Once a child turns 21, however, they fall into a preference category, which may increase wait times.

Timing matters in these cases. Petitions should be filed as early as possible to preserve eligibility and prevent delays. The Law Office of Angus U Ejiofor, LLC helps families make informed choices about when and how to begin the process.

Waivers and Inadmissibility Issues

Not every family member will be immediately eligible for a green card. In some cases, grounds of inadmissibility—such as unlawful presence or prior deportations—can block the process. Fortunately, immigration law allows for certain waivers under specific conditions.

Waivers are legal requests asking immigration authorities to overlook past violations or risks. These applications often require a showing of hardship to the U.S. citizen or lawful permanent resident petitioner. The evidence must be clear, well-organized, and persuasive.

Applying for a waiver is one of the more complicated parts of family-based immigration. An immigration attorney can assess eligibility, prepare the supporting documents, and help build a strong case. This type of guidance can help families work through even the most challenging obstacles.

Preparing for the Interview

After approval of the petition and visa availability, many applicants must attend an in-person interview. Whether this takes place in the U.S. or abroad, it’s a key part of the process. Immigration officials use this time to verify documents, assess the relationship, and screen for security risks.

Applicants must bring originals of previously submitted documents, identification, and any additional forms requested by the agency. Spouses or fiancés are often asked personal questions to confirm the authenticity of their relationship.

The interview can be nerve-wracking, especially for those who’ve waited a long time to reach this stage. The Law Office of Angus U Ejiofor, LLC prepares clients in advance, helping them understand what to expect and how to respond with clarity and confidence.

Financial and Sponsorship Considerations

Petitioners must also show that they can financially support the family member seeking to immigrate. This requirement helps confirm that the immigrant won’t become a public charge. Sponsors usually submit Form I-864, Affidavit of Support, along with proof of income and tax records.

If the petitioner doesn’t meet income requirements, a joint sponsor may be allowed. However, this person must also meet financial qualifications and be willing to assume legal responsibility for the immigrant. These financial requirements are essential for approval and must be taken seriously.

Some key factors to understand include:

• Minimum income thresholds: Sponsors must earn at least 125% of the federal poverty guideline for their household size. This amount increases with each additional family member supported.

• Joint sponsorship risks: A joint sponsor takes on legal and financial obligations for the immigrant, which can include repayment of certain public benefits. Choosing the right sponsor is a serious decision.

• Duration of responsibility: The sponsor’s obligation typically lasts until the immigrant becomes a U.S. citizen or works for 40 quarters (about 10 years). It’s not a short-term responsibility.

Proper planning and document preparation in this area can prevent delays and help assure immigration officials that the family member will be financially supported.

Helping Families Reunite

For many people, family-based immigration is about restoring a sense of wholeness after time apart. It’s not just about entering the United States—it’s about bringing loved ones home. The process can be long and frustrating, but with the right legal support, it becomes much easier to manage.

Each family’s story is different. Some have waited years for a visa. Others are managing difficult legal histories. No matter the background, everyone deserves to be treated with care and respect. That’s what the Law Office of Angus U Ejiofor, LLC offers to every client they serve.

Working with an immigration attorney provides structure, support, and clarity during one of the most important experiences in a person’s life.