Family-Based Immigration Attorney in New Orleans

Immigration-Only Practice. Personal Preparation. Every Step of the Process.

U.S. citizens and permanent residents can file for permanent residency (a green card) and visas for specific immigrant family members. The procedures vary depending on whether the foreign relative is adjusting status in the United States, filing on the basis of marriage, or processing from an embassy or consulate outside the U.S. (consular processing). Spouses in marriages less than two years old at the time the green card is approved receive a two-year conditional card; all other family-based green cards are issued for 10 years.

Family-based immigration is one of the most procedurally demanding areas of U.S. immigration law, and the consequences of missteps can delay or permanently bar a relative’s path to permanent residence. At Wheatley Immigration Law, LLC, immigration is all we do. Attorney Dayna Wheatley has over 20 years of experience guiding New Orleans families through adjustment of status, consular processing, marriage-based petitions, K-1 fiancé visas, and more. We serve clients in New Orleans, Baton Rouge, and nationwide, and we offer services in Spanish, Arabic, Hindi, and Punjabi upon request.

Call (504) 784-6803 to speak with our family-based immigration attorney in New Orleans. We answer calls 24/7.

Who Can File & Who Qualifies

Family-based immigration falls into two major categories: immediate relatives and family preference categories. Which one applies to your situation determines how long the process may take and what steps are required.

Immediate Relatives of U.S. Citizens

Immediate relatives include spouses, parents, and children of U.S. citizens. Visas for these relationships are generally available. There is no annual cap and no wait for a visa number, which means the process can move forward once the petition is approved.

Family Preference Categories

Family preference categories cover extended relationships: siblings and adult or married children of U.S. citizens, and spouses and unmarried children of lawful permanent residents. Up to 226,000 family preference green cards can be issued each year, but demand routinely exceeds supply. Depending on the category and the applicant’s country of birth, the wait for a visa number can range from several years to several decades. A 7 percent per-country cap can create additional delays for applicants from high-demand countries. The Department of State publishes a monthly Visa Bulletin tracking priority dates and available visa numbers by category and country.

Permanent residents may file preliminary petitions on behalf of spouses and unmarried children, but those relatives must wait for a visa number before completing the permanent residence process. Foreign relatives may not work in the United States while a petition is pending. U.S. citizens cannot use family-based immigration to petition for grandparents, aunts, uncles, cousins, or in-laws.

Wait Times by Relationship & Country of Birth

Wait times vary based on the type of family relationship and where the beneficiary was born. Applicants from Mexico, India, China, and the Philippines may face longer waits due to high demand. If a visa number is not available at the time the petition is filed, a foreign relative in the United States won’t have permission to remain and should depart to consular process the immigrant visa abroad.

Legal Admission & Where Your Case Is Processed

Whether an immigrant presented a valid passport to an immigration officer for inspection at entry determines how and where the case is processed. Those who entered with inspection may generally apply for family-based permanent residency within the United States. After a background check, applicants are interviewed at their local USCIS district office. Attorney Dayna Wheatley files the applications, prepares clients for the interview, and accompanies them to the interview upon request.

Entering Without Inspection

Most people who did not enter the United States with inspection can’t apply for a green card in the U.S. and must depart to interview for their immigrant visa at a U.S. consulate.

Some individuals who entered without inspection may adjust status to permanent resident if an employer or family member filed an immigration petition on their behalf before April 30, 2001. An additional penalty fee of $1,000 applies.

Criminal History & Immigration Violations

Prior criminal convictions or immigration violations, including removal orders, visa overstays, misrepresentation, and unlawful entry, can create significant bars to admissibility in a family-based case. Waivers of inadmissibility are available in some circumstances, but they require careful legal analysis of the nature of the violation, the qualifying relationship, and the potential hardship to a qualifying relative. Consulting an attorney before filing is especially important when any prior violation exists, because errors in this context can have permanent consequences for the case.

Marriage-Based Permanent Residency in New Orleans

Before granting permanent residence to a spouse, a USCIS officer must determine that the marriage is genuine. Interviews are mandatory for all marriage-based cases, and the couple must present evidence of a bona fide marriage. Marriage-based petitions face heightened USCIS scrutiny because of the elevated fraud risk in this category.

Evidence of a bona fide marriage typically includes documentation of shared finances, joint residence, co-ownership of property, joint tax filings, and affidavits from people who know the couple. Evidence of children born to or adopted by the couple is among the strongest indicators of a genuine marriage. Marriage fraud allegations are serious: they can permanently bar an individual from receiving lawful residence and can result in criminal prosecution. We can help couples understand what the interview requires and how to present their case clearly.

K-1 Fiancé Visas

U.S. citizens who wish to bring a foreign fiancé(e) to the U.S. to marry can apply for a K-1 visa. Partners who enter on a K-1 must marry within 90 days of the foreign partner’s arrival. Once admitted, the foreign national may remain in the U.S. while the couple completes the marriage and applies for adjustment of status to permanent resident.

The K-1 process also requires a medical examination for the foreign applicant and an interview at the applicant’s home-country U.S. consulate or embassy. The petitioning U.S. citizen must meet a minimum income threshold to demonstrate the ability to support the incoming fiancé.

Petition to Remove Conditions on Permanent Residence

If a couple has been married for less than two years at the time permanent residence is granted, the foreign spouse receives conditional permanent residence valid for two years. The couple must jointly file an I-751 petition to remove conditions during the 90-day window immediately before the conditional green card expires. This requirement applies whether the foreign spouse adjusted status in the United States or immigrated from abroad. Once the conditions are removed, the foreign spouse receives a new permanent resident card valid for 10 years.

If the petition isn’t filed on time, the spouse’s permanent residence may be terminated, and the spouse could be removed from the United States. If the couple separates or divorces before the petition is due, the foreign spouse should consult an attorney immediately to discuss waiver options for the joint filing requirement.

Why New Orleans Families Work with Wheatley Immigration Law, LLC

Immigration law is all we practice. That focus means Attorney Dayna Wheatley tracks USCIS procedural updates, policy changes, and Visa Bulletin movements as they happen, and applies that knowledge directly to each client’s case strategy. When you call us, you’re speaking with an attorney who works on immigration cases every day.

What our clients can expect:

• Personal involvement at every stage: Attorney Wheatley personally files applications, prepares clients for USCIS interviews, and accompanies clients to interviews upon request
• Over 20 years of family immigration experience: Decades of handling adjustment of status, consular processing, marriage-based petitions, K-1 fiancé visas, and removal of conditions
• Multilingual service: Spanish, Arabic, Hindi, and Punjabi available upon request
• AILA and FBA membership: Active membership in the American Immigration Lawyers Association and the Federal Bar Association
• Payment plans available: Flexible arrangements to make representation accessible
• 24/7 availability: We answer calls around the clock for clients in New Orleans, Baton Rouge, and nationwide

Start Your Family’s Immigration Process Today

Family-based immigration cases involve tight deadlines, evidentiary requirements, and procedural decisions that can shape your relative’s future in the United States. The sooner you speak with an attorney, the more options may remain available to you.