Family Immigration
Applying for green cards and becoming an American citizen can be challenging. Our firm provides full-service professional legal advice and representation to help you find an immigration solution to your visa needs.
All family-based immigrants fall into one of two major categories, immediate relative or family preference. Spouses, parents, and the unmarried children (under age 21) of U.S. citizens are classified as immediate relatives. There are an unlimited number of immigrant visas available each year for immediate relatives of U.S. citizens.
All other qualified relationships are considered family preference categories. The number of family preference immigrant visas is limited. That’s because immigration law puts a numerical cap on the number of green cards that can be issued to family preference categories each year. As a result, there’s a backlog and long wait for many of the family preference categories.
The family-based immigration process generally begins with the petitioner (U.S. citizen or lawful permanent resident) making a request to the U.S. government to allow a family member to immigrate. The petitioner files Form I-130, Petition for Alien Relative, with USCIS. The I-130 petition establishes the existence of a qualifying family relationship (within the immediate relative or family preference categories). For more details on what happens after filing the I-130 petition, view the Form I-130 processing time.
Consular Processing
The procedure of applying for an immigrant visa (green card) through a U.S. embassy or consulate in a foreign country. It is also one of two paths for obtaining an immigrant visa to the United States through family-based immigration. The second path is adjustment of status. If the applicant is outside the U.S., the only path for immigrating to the U.S. is to use consular processing.
Adjustment of Status
The process of changing from a nonimmigrant immigration status (e.g. student, tourist, etc.) to permanent residence (green card holder). U.S. immigration law allows a temporary visitor to change status to a permanent resident if the individual lawfully entered the United States and meets certain requirements. Adjustment of status is one of two paths for obtaining an immigrant visa (green card) to the United States. If the applicant is not eligible for adjustment, he or she must use consular processing. Both consular processing and adjustment of status may be available options if the applicant is already in the U.S.
Waivers
I-601a, Application for Provisional Unlawful Presence Waiver. Certain immigrant visa applicants whose spouses or parents are U.S. citizens or lawful permanent residents may use this application to request a provisional waiver of the unlawful presence grounds of inadmissibility under Immigration and Nationality Act section 212 (a)(9)(B), before departing the United States to appear at a U.S. Consulate for the Immigration Visa interview.
This application is better known as the “pardon” waiver.
I-601, Application for Waiver of Grounds of Inadmissibility. If you are inadmissible to the United States and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses, or certain other immigration benefits, you must file this form to seek a waiver of certain grounds of inadmissibility.
Appeals
In appeal is a request to a different authority to review an unfavorable decision. You may appeal certain USCIS decisions to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), an office within the Department of Justice. The BIA and the AAO are administrative appellate entities that have jurisdiction over different types of immigration cases.
Your denial or revocation notice will provide information about whether the decision may be appealed and where to file your appeal. Our office will do the process for you.
Naturalization
Naturalization also known as Citizenship is a unique bond that unites people around civic ideals and a belief in the rights and freedoms guaranteed by the U.S. Constitution. Deciding to become a U.S. citizen is one of the most important decisions an immigrant can make. Depending on your situation, there may be different ways to obtain citizenship. The Different ways of obtaining citizenship are:
- Naturalization is the process by which U.S. citizenship is granted to a lawful permanent resident after meeting the requirements established by Congress in the Immigration and Nationality Act (INA).
- Acquisition of Citizenship (Reported Abroad or Automatic) is obtained through U.S. citizenship parents either at birth or after birth, but before the age of 18.