How long does family-based immigration take?

Processing times for family immigration applications can vary greatly depending on the relationship category and the applicant’s country of origin. Immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21) usually face shorter waits because their visas are not limited by annual caps. Family preference categories, like siblings or adult children, are subject to yearly quotas and may take several years or more. Delays can also occur due to background checks, missing documents, or interview scheduling at consulates. A knowledgeable attorney can help your family set realistic expectations for how long the immigration process is likely to take, as well as advise you of any potential causes of delay. Often, professional preparation of applications streamlines the immigration process. Your attorney can ensure all necessary documentation is submitted, review all paperwork for inconsistencies (such as misspellings or the use of nicknames instead of full names), and anticipate the most likely causes of delay, along with strategies to proactively address these concerns.

What are common reasons for delays or denials in family-based immigration?

Family-based immigration cases can be delayed or denied for a variety of reasons, most often relating to missing documentation, incomplete forms, or insufficient evidence of a genuine family relationship. USCIS and the Department of State scrutinize applications to prevent fraud. This means that any inconsistencies between forms, a lack of shared financial or household evidence, or gaps in communication records can trigger requests for evidence (RFEs) or denials. Other common delays stem from backlogs in certain visa categories. This type of dely is particularly likely when the petition falls under a “family preference” category that’s subject to annual numerical limits. Background checks, name mismatches, and incomplete financial documentation (such as an Affidavit of Support that doesn’t meet income thresholds) can also slow processing. More serious denials may occur when an applicant is found inadmissible for reasons such as unlawful presence, previous immigration violations, or certain criminal convictions. Errors in how prior travel or visa history is disclosed can also lead to complications. In addition, if either the applicant or petitioner changes address, marital status, or eligibility mid-process, it can disrupt the case. Careful preparation and timely responses to any USCIS or consular requests are key to avoiding delays and minimizing the risk of denial. Having an experienced attorney managing the entire process for you can keep your immigration efforts moving forward as smoothly as possible.

What happens if my petition is denied?

If a petition for family-based immigration, including a family-based petition or a fiancé(e) visa, is denied, USCIS will issue a written explanation detailing the reasons. The denial may not be the end of your immigration journey. An attorney can help you understand your options. Depending on the cause of the denial, it may be possible to overcome this hurdle by: Filing an appeal Submitting a motion to reopen or reconsider your case Correcting errors and refiling Many denials of immigration proceedings stem from missing evidence or eligibility misunderstandings. By consulting an immigration attorney promptly, you have the opportunity to identify solutions and improve the chances of success in a subsequent filing.

Reno Family Immigration Lawyer | Family-Based Immigration Attorney in Reno, NV

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Reno Family Immigration Lawyer

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Keep Your Immigration Journey Moving Forward With Help From Our Family-Based Immigration Attorney in Reno, NV

The immigration process isn’t easy, even when you have the benefit of family members already in the United States and prepared to sponsor your application. There’s a great deal of paperwork and documentation that needs to be flawlessly prepared and properly submitted. In many cases, there are language barriers to overcome and other complexities. To make sure every aspect of your immigration application is managed in the way that best supports favorable outcomes and smooth progression through the process, you need the guidance of a Reno family immigration lawyer.

At Smit Law Group, we handle it all, from the initial petition to Adjustment of Status or Consular Processing. We’re advocates for reuniting families or keeping them together through the various family-based immigration pathways available under the law. Contact us today for help managing your family’s journey.

Types of Family Immigration Pathways Available in Reno, NV

As a full-service Reno family immigration lawyer, Smit Law Group, led by attorney and immigrant Margaretha Smit, we assist clients in the following types of immigration efforts.

Family-Based Petitions (I-130)

Under U.S. immigration law, U.S. citizens (and in some cases lawful permanent residents) can sponsor certain family members for lawful permanent residence (otherwise known as a “Green Card”) by filing a petition (usually Form I‑130, Petition for Alien Relative). Through this petition, you must establish that a qualifying family relationship exists and that the petitioner meets certain eligibility requirements.

There are two categories of family relationships that can qualify for this pathway to coming to the United States:

Immediate relative categories: Encompassing spouses, children, and parents of a U.S. citizen
Family preference categories: Including siblings and married children

Which category the petitioner falls into impacts their immigration process. Immediate relatives are exempt from numerical visa caps, which can allow them to enter the United States more quickly. However, people in family preference categories are subject to waiting lists that can delay their opportunity to come to the U.S.

In family-based petitions, the sponsoring family member must file the I-130 petition with U.S. Citizenship and Immigration Services (USCIS). The petitioner (and possibly a joint sponsor) must also meet a financial component, demonstrating sufficient income to support the beneficiary.

Family-based petitions are the backbone of family immigration and often the first step in the process of uniting families in the U.S. But they are not themselves authorizations to immigrate or remain. Instead, they establish eligibility and set the stage for the next steps, which may involve Adjustment of Status or Consular Processing.

Your future deserves attention today. Call 775-993-2235 or contact our team to schedule a consultation. We’re here to help you move forward with confidence.

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Fiancé(e) Visas (K-1/K-2)

If you have found love abroad, or are engaged to marry a U.S. citizen, the type of family-based immigration pathway most relevant to you is the fiancé(e) visa. Often referred to as the “K-1 visa,” this is a nonimmigrant visa for the foreign-fiancé(e) of a U.S. citizen. Only a U.S. citizen (not a permanent resident) may petition for a K-1 fiancé(e) visa.

To obtain a K-1 visa, the U.S. citizen must file Form I‑129F, “Petition for Alien Fiancé(e).” Once approved, the citizen may bring their fiancé(e) to the U.S. The couple must marry within 90 days of entry. Otherwise, the foreign fiancé(e) must depart. Unmarried children of the K-1 visa holder who are under age 21 may qualify for a K-2 visa to accompany their parent.

The fiancé(e) visa route gives engaged couples a pathway to bring the foreign partner to the U.S., marry, and then start the Green Card process. After marriage, the foreign spouse will typically apply for Adjustment of Status within the U.S. This path often allows the spouse to obtain a Green Card with fewer delays than standard immigrant-petition routes. The government may carefully scrutinize the relationship between the spouses, ensuring that it meets eligibility requirements that include a genuine relationship, both spouses having the legal capacity to marry, and at least one face-to-face meeting.

Adjustment of Status

Once a family member or intended spouse is physically present in the United States, often through a family-based petition or a fiancé(e) visa, they can apply to become a lawful permanent resident (LPR) without leaving the U.S. This process is known as Adjustment of Status (AOS).

Adjustment of Status offers a powerful option because it allows individuals already in the U.S. to apply for a Green Card without departing the country, which can reduce the risk of triggering inadmissibility bars (for example, leaving and returning). However, eligibility must be carefully assessed. Only those who have been “inspected and admitted or paroled” into the U.S. and have an immigrant visa immediately available (or are in an immediate relative category) are eligible for Adjustment of Status. A person who entered the country without inspection or who fits into otherwise ineligible categories may have to leave the United States and pursue consular processing instead.

Consular Processing & I-601/I-601A Waivers

Consular processing is the pathway that foreign nationals located abroad, rather than physically in the United States, can use to immigrate to the U.S. The petitioner must first obtain an immigrant visa at a U.S. consulate or embassy by getting their immigration petition approved and then participating in an immigrant visa interview at the consulate. When the immigrant subsequently travels to the U.S., they are admitted as a lawful permanent resident.

In the context of family-based immigration, consular processing often follows approval of a family-based petition if it is not appropriate or possible for the person immigrating to achieve permanent residency through an Adjustment of Status in the country. Consular processing remains a key route for many family-based immigrants, especially those outside the U.S. or who cannot adjust status stateside.

Citizenship & Naturalization

For many immigrants, the ultimate goal is to gain full U.S. citizenship through the naturalization process. As your Reno family immigration lawyer, we can help you get there, first by obtaining your visa or family-based sponsorship, then by securing your Green Card that confers permanent residency, and finally by helping you prepare for the naturalization process.

For our clients seeking full citizenship, we help assess eligibility, file paperwork and documentation, and prepare for their interview and civics tests.

The Advantages of Having Our Family-Based Immigration Attorney in Reno, NV, Handling the Immigration Process for You

Immigration law is a highly procedural area of legal work. Even small mistakes on forms or omissions of seemingly inconsequential documentation can cause major delays or denials, keeping your family apart. Every single form and document must be complete, accurate, and well-supported with evidence for your immigration case to progress as smoothly as possible.

Whichever family-based immigration pathway you’re pursuing, there’s a significant amount of paperwork to file and documentation that must be included. Each step of the process typically requires multiple government forms, supporting evidence, and strict adherence to filing instructions.

USCIS instructions are written for legal accuracy rather than ease of understanding, which can make the process of immigration application feel even more overwhelming. For many prospective immigrants, language barriers add another layer of complexity to the entire process. all U.S. immigration forms and instructions from USCIS and the Department of State are provided in English only, and all responses on those forms must be completed in English. This can be a real challenge for applicants whose first language isn’t English, since even minor translation errors or misunderstood questions can cause serious problems.

Working with Smit Law Group as your Reno family immigration lawyer alleviates some of the stress of the immigration process. We ensure the correct forms are filed, deadlines are met, and all evidence is properly organized and persuasive. Having a professional manage the paperwork not only saves time and stress but can make a critical difference in getting the case approved smoothly. Through our multilingual client service and representation, we can often advise you in your own language, preventing language barriers from interfering in your case, while ensuring your English-language answers to questions on forms are accurate, consistent, and correct.

How Smit Law Group Can Help

As an experienced immigration attorney, Smit Law Group is here to guide families through each stage of the process, so they can build their lives here in the United States. We handle all types of family-based immigration avenues and the distinct processes and procedures required for each one.

As your legal counsel, we will:

Review eligibility for different family-based immigration pathways
Identify any potential issues, such as inadmissibility or prior visa violations
Develop strategies to overcome any challenges before filing
Monitor case progress throughout every stage
Respond to any requests for evidence (RFEs) to further support your application
Communicate with USCIS or the consulate to keep the process on track

Beyond handling forms, you can count on your attorney to provide strategic guidance based on your family’s unique circumstances. This includes advising whether Adjustment of Status or consular processing is the better option, when to file, and how to maintain lawful status while a case is pending.

Immigration matters can be filled with uncertainty, but with Smit Law Group handling your case, you have an advocate on your side for every obstacle that could arise. In the event of a denied petition or delayed interview, we’re ready to intervene right away by preparing appeals or motions and arguing for your best interests.

As your immigration attorney, we’re here to provide much more than a service. We offer peace of mind by reducing uncertainty, ensuring compliance with complex rules, and maximizing the likelihood of approval.

Why Choose Smit Law Group as Your Reno Family Immigration Lawyer?

At Smit Law Group, we help families unite and thrive in the United States with care and dedication.

Family-focused: We’ve guided families near Reno since 2014 through visas, petitions, and family law matters.
Bilingual advantage: Smit Law Group is one of Reno’s few bilingual family law attorneys serving Spanish-speaking clients, as well as serving clients with fluency in French, Dutch, and German.
Compassion & integrity: Attorney Margaretha Smit’s genuine communication style fosters trust and lasting relationships.

When family means everything, rely on a firm that treats you like family, too.

Contact a Reno Family Immigration Lawyer at Smit Law Group Today for Your Initial Case Review

Whether you’re coming to the United States or sponsoring entry into the country for your spouse, child, parent, fiancé(e), or another family member, having the legal guidance you need makes a difference.

For help from a family-based immigration attorney in Reno, NV, contact Smit Law Group online or call 775-993-2235 today.

Frequently Asked Questions About Family-Based Immigration in Reno, NV

Processing times for family immigration applications can vary greatly depending on the relationship category and the applicant’s country of origin.
Immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21) usually face shorter waits because their visas are not limited by annual caps. Family preference categories, like siblings or adult children, are subject to yearly quotas and may take several years or more. Delays can also occur due to background checks, missing documents, or interview scheduling at consulates.
A knowledgeable attorney can help your family set realistic expectations for how long the immigration process is likely to take, as well as advise you of any potential causes of delay. Often, professional preparation of applications streamlines the immigration process. Your attorney can ensure all necessary documentation is submitted, review all paperwork for inconsistencies (such as misspellings or the use of nicknames instead of full names), and anticipate the most likely causes of delay, along with strategies to proactively address these concerns.
Family-based immigration cases can be delayed or denied for a variety of reasons, most often relating to missing documentation, incomplete forms, or insufficient evidence of a genuine family relationship. USCIS and the Department of State scrutinize applications to prevent fraud. This means that any inconsistencies between forms, a lack of shared financial or household evidence, or gaps in communication records can trigger requests for evidence (RFEs) or denials.
Other common delays stem from backlogs in certain visa categories. This type of dely is particularly likely when the petition falls under a “family preference” category that’s subject to annual numerical limits.
Background checks, name mismatches, and incomplete financial documentation (such as an Affidavit of Support that doesn’t meet income thresholds) can also slow processing.
More serious denials may occur when an applicant is found inadmissible for reasons such as unlawful presence, previous immigration violations, or certain criminal convictions. Errors in how prior travel or visa history is disclosed can also lead to complications. In addition, if either the applicant or petitioner changes address, marital status, or eligibility mid-process, it can disrupt the case.
Careful preparation and timely responses to any USCIS or consular requests are key to avoiding delays and minimizing the risk of denial. Having an experienced attorney managing the entire process for you can keep your immigration efforts moving forward as smoothly as possible.
If a petition for family-based immigration, including a family-based petition or a fiancé(e) visa, is denied, USCIS will issue a written explanation detailing the reasons. The denial may not be the end of your immigration journey. An attorney can help you understand your options.
Depending on the cause of the denial, it may be possible to overcome this hurdle by:
Filing an appeal
Submitting a motion to reopen or reconsider your case
Correcting errors and refiling
Many denials of immigration proceedings stem from missing evidence or eligibility misunderstandings. By consulting an immigration attorney promptly, you have the opportunity to identify solutions and improve the chances of success in a subsequent filing.