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Family Based Immigration

Family-based immigration is comprised of various paths that allow U.S. citizens and Legal Permanent Residents to help relatives obtain lawful status in the United States. The process typically begins with a family-based petition using Form I-130 and can lead to Legal Permanent Residency through various methods, such as Adjustment of Status or Consular Processing. Each case is distinct, depending on whether the petitioner is a U.S. Citizen or Legal Permanent Resident, the beneficiary’s relationship to the petitioner, manner of entry into the U.S., and other specific details of your case. Our experienced attorneys can provide guidance tailored to your unique situation, helping to navigate the complexities of immigration law and securing immigration status for you or your loved one.

Family-based Petitions

A family-based petition is often the first step for a U.S. citizen or Legal Permanent Resident to help family members obtain legal residency in the U.S. These petitions are done through Form I-130 with USCIS.

U.S. citizens can file family petitions for spouses, children, parents, and siblings. Legal Permanent Residents can file family petitions for spouses and unmarried sons or daughters. The processing time for the family petition varies depending on the petitioner’s status in the U.S and the relationship between the beneficiary and the petitioner. Some types of petitions may also have a wait time after it is approved before you can move on to the next step of the process.

After the family-based petition is approved, the next step is to apply for Legal Permanent Residency. This can be done either through Adjustment of Status or Consular Processing, depending on which option is available based on your case. Consult with one of our experienced immigration attorneys to find the right path for you!

Fiancé/Fiancée Visas

A fiancé(e) visa allows a U.S. citizen to apply to bring his/her fiancé(e) to the U.S. to apply for Legal Permanent Residency. The first step of the process is filing a fiancé(e) petition. Once the petition is approved, the foreign-citizen fiancé(e) must attend an interview at the U.S. Embassy or Consulate in their home country in order to receive a K-1 visa to travel to the U.S. Once in the U.S., the U.S. citizen and foreign-citizen fiancé(e) must marry within 90 days.

After the marriage, the foreign-citizen spouse may then apply for Legal Permanent Residency through Adjustment of Status.

Adjustment of Status

After the approval of an I-130 family petition or a Fiance(é) Visa, you may be eligible for Adjustment of Status. Adjustment of Status is the process of applying for Legal Residency within the U.S. The interview process for Adjustment of Status takes place at a USCIS field office in the U.S. and does not require the applicant to return to their home country for an interview.

Generally, to be eligible for Adjustment of Status, you must be physically present in the U.S. and have had a legal entry into the U.S. If your application is approved, you will receive either a 2-year “Conditional” Residency Card (green card) or a 10-year “Permanent” Residency Card (green card).

Provisional Waivers (I-601A)

If you have been unlawfully present in the United States, you may have a bar that prohibits you from obtaining Legal Permanent Residency. However, you may be eligible to file an I-601A waiver to waive this bar. As part of the I-601A waiver, you must prove that you have a U.S. citizen or Legal Permanent Resident spouse or parent who would suffer extreme hardship if you weren’t allowed to stay in the U.S. This step of the process is completed while you are still in the U.S., prior to departing for your consular interview through Consular Processing. It is paramount that this process be conducted correctly in order to avoid being stuck in your home country for an extended period of time. With an approved I-601A waiver, you would then continue your application for Legal Permanent Residency through Consular Processing.

Consular Processing

Depending on the circumstances of your case, you may not be eligible for Adjustment of Status, and may need to Consular Process. Consular Processing is the process of applying for Legal Permanent Residency through the U.S. Embassy or Consulate in your home country. While it does require the immigrant to attend an interview at the Embassy/Consulate in their home country, most applicants only have to spend a few weeks abroad before returning.

If you have ever been unlawfully present in the U.S., you may also be required to file an I-601A provisional waiver as part of your Consular Processing. Remember, every case is different and may require a different process based on the particular circumstances of your case. Make sure you consult an experienced immigration attorney to find out what is necessary for your specific case.

Removal of Conditions

If you received your Legal Residency through your spouse, you may have been granted a “Conditional” Resident Card that is valid for 2 years. Those with conditional residency must file for Removal of Conditions within the 90 day period prior to the expiration date of the green card. The Removal of Conditions process requires you to show that your marriage was entered into in good faith, however, you may still have options if your marriage has since ended. If your Removal of Conditions application is approved, you will receive a Legal Permanent Residency card (green card) that is valid for 10 years.

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