At Gardner & Mendoza, P.C. Immigration Law, family immigration is deeply personal. As the daughter of Filipino immigrants—her father a Navy veteran and her mother a lab technician who came to fill a critical shortage—our co-founder, Radlyn Mendoza, witnessed firsthand how their immigration paved the way for her grandparents, aunts, uncles, and cousins to come to the U.S.

We are dedicated to helping other families navigate the complexities of immigration and reunite with their loved ones to build a life of opportunity in the U.S. and achieve their dreams.

Whether you’re a U.S. citizen seeking to sponsor a spouse, child, parent, or sibling, or a permanent resident looking to bring your spouse and/or unmarried child to the U.S., we’re here to guide you every step of the way. We’re not just your lawyers; we’re your partners in navigating the immigration process and securing a better future for your family.

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Our Comprehensive Family-Based Immigration Services

We provide a full range of family-based immigration services to meet your unique needs, including:

Immediate Relative Visas

Bring your closest family members to the U.S. with our assistance on immediate relative visas:

Spouse visas (IR1/CR1) for married spouses of U.S. citizens
Child visas (IR2) for unmarried children under 21 of U.S. citizens
Parent visas (IR5) for parents of U.S. citizens who are at least 21 years old
Fiancé(e) visas (K-1) for engaged partners of U.S. citizens, and their children (K-2)
Assistance with adjustment of status for immediate relatives already in the U.S.

Family Preference Categories

Sponsor other family members or relatives of permanent residents through the family preference system:

First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children
Second Preference (F2A): Spouses and unmarried children under 21 of permanent residents
Second Preference (F2B): Unmarried sons and daughters over 21 of permanent residents
Third Preference (F3): Married sons and daughters of U.S. citizens, their spouses and minor children
Fourth Preference (F4): Brothers and sisters of U.S. citizens, their spouses and minor children
Guidance on priority dates, visa bulletins, and per-country limits

Consular Processing and Immigrant Visa Applications

If your family member is outside the U.S., we’ll guide you through the often difficult and lengthy consular processing pathway:

Filing the Petition for Alien Relative (Form I-130) with USCIS
Submitting all documents and applications required at the National Visa Center (NVC) stage such as the online immigrant visa application (Form DS-260)
Gathering and preparing required documents, including the affidavit of support, birth and marriage certificates, and police clearances for the NVC
Preparing your family member for the visa interview at the U.S. embassy or consulate abroad
Communicating with the National Visa Center (NVC) and consular officers as needed

Adjustment of Status and Green Cards

For family members already in the U.S., we assist with adjusting status to permanent residence:

Determining eligibility and timing for adjustment of status
Filing the Application to Register Permanent Residence or Adjust Status (Form I-485)
Preparing supporting documents and evidence of bona fide family relationship
Representing clients at adjustment of status interviews
Handling employment authorization (EAD) and advance parole (travel permit) applications

Waivers and Appeals

If you’re facing challenges related to inadmissibility or visa denials, we’ll advocate diligently and tirelessly for your family:

Waivers of inadmissibility for unlawful presence, misrepresentation, or other grounds
Provisional unlawful presence waivers (“stateside waiver” – I-601A) for spouses and parents Extreme hardship waivers for spouses or parents of U.S. citizens and permanent residents
Federal court litigation (mandamus lawsuits) when immigration takes too long on your case

Why Choose Gardner & Mendoza, P.C. Immigration Law for Your Family-Based Immigration Case?

When you entrust your family’s immigration journey to our firm, you gain an unwavering advocate and partner:

★ Commitment to Family Unity: Our attorneys understand the significance of family unification on a personal level. We’ll work tirelessly to bring your loved ones together in the U.S.
★ Personalized Attention: We take the time to listen to your family’s unique story, challenges, and goals. Your case is never just another file number to us.
★ Comprehensive Experience: Our team has deep knowledge of all aspects of family-based immigration law, from visa petitions to consular processing to adjustment of status. We’ll guide you seamlessly through the process.
★ Innovative Technology: We leverage cutting-edge case management tools to streamline your experience, keep you informed, and achieve the best possible outcomes.
★ Multilingual Services: We’re proud to offer fluent representation in English, Spanish and Tagalog to serve our diverse community. We welcome interpreters of all languages.

Frequently Asked Questions

How long does the family-based immigration process take?

Processing times vary depending on the type of family relationship, the sponsor’s immigration status, and the family member’s country of origin. Immediate relative visas are generally the fastest, while family preference categories may involve significant waits due to annual numerical limits. We’ll provide you with a personalized timeline based on your case.

What documents are needed for a family-based visa?

The specific documents required will depend on your case but generally include:

Proof of the sponsor’s U.S. citizenship or permanent residence (birth certificate, naturalization certificate, or green card)
Proof of the family relationship (birth certificates, marriage certificates, adoption papers)
Financial support documents (affidavit of support, tax returns, employment verification)
The sponsored relative’s personal documents (passport, police certificates, medical exam results)

Our attorneys will provide you with a customized checklist to ensure you have all the necessary documents for your case.

Can I sponsor my same-sex spouse or partner for a green card?

Yes. Following the Supreme Court’s 2013 decision in U.S. v. Windsor and subsequent rulings, same-sex marriages are treated the same as opposite-sex marriages for immigration purposes. You can sponsor your same-sex spouse for a green card through the immediate relative or family preference categories as long as your marriage is legally valid.

What if my family member entered the U.S. without permission (“illegally”)?

Entering the U.S. without inspection can complicate the family-based immigration process, but options may still be available depending on your circumstances. For example, spouses and children of U.S. citizens and permanent residents may be eligible for provisional unlawful presence waivers (I-601A) to forgive their unlawful entry and reenter the U.S. legally with an immigrant visa. Additionally, there are special provisions for certain family members of military service members. Finally, you may be able to take advantage of the Life Act (245i), which allows adjustment of status under specific circumstances. We can assess your situation and recommend the best path forward.

Do I need a lawyer for my family-based immigration case?

Your family is the most important thing in your life. While not legally required, working with an experienced immigration attorney can make a significant difference in the outcome of your case. Immigration law is notoriously complex, with strict deadlines, confusing forms and applications, and severe consequences for even minor mistakes. Our immigration lawyers can help you avoid pitfalls, present the strongest possible case, and achieve what’s most important to you – the opportunity for your family to be in the U.S. and share in the American Dream together.

Start Your Family’s Immigration Journey Today

At Gardner & Mendoza, P.C. Immigration Law, we understand the urgency and complexity of navigating the U.S. immigration system. With long waits at USCIS and the “first in, first out” process, it’s essential to file your petition as soon as possible to secure your place in line and lock in your priority date. The sooner you act, the closer you are to achieving your immigration goals.

Every family’s story is unique, and so is every immigration case. Whether you’re a U.S. citizen who wants her parents to be with their grandchildren, or a permanent resident working to reunite with your unmarried child or spouse, we’re here to guide you through the process. If your family is facing complex immigration challenges, we’ll help you move forward with confidence.

Don’t wait any longer to bring your family together. The sooner you start, the sooner you can reunite with your loved ones. Contact our office today to schedule a consultation and take the first step toward achieving your family’s immigration goals. The time to act is now. Hasn’t your family waited long enough?