Family Based Immigration
Immigration is first and foremost about bringing people together. Not only is family immigration among the most common ways of achieving permanent resident status in the U.S., but it unites people in the most meaningful way possible. No bonds are stronger than family and fortunately, those bonds can work in your favor.
Luis Rondon Immigration Attorney Services specialize in successful family immigration cases. We help you navigate the often-complex path to United States citizenship and couldn’t be prouder with our success in the business of bringing loved ones together.
There are some criteria to keep in mind when considering family immigration.
For U.S. Citizens Over the Age of 21
You may file an immigration petition for a:
- Child(under the age of 21)
- Unmarried child (over the age of 21)
- Married child (any age)
- Stepchild (under certain circumstances)
- Spouse or fiancé
For Lawful Green Card Holders
Lawful permanent residents may file an immigration petition for a:
- Unmarried child of any age
Family Immigration Preference Order
Our primary goal is to bring your loved one(s) to the United States as fast as possible. To do that, it is important that you understand the preference categories that U.S. Immigration prioritizes.
- Sons and daughters (over 21) who are unmarried
- Spouses of lawful permanent residents and unmarried sons and daughters of lawful permanent residents (any age)
- Married sons and daughters of U.S.citizens
- Siblings of United States Citizens
Understanding the Two Paths to Family Based Immigration
Adjustment of Status: The process of changing from a nonimmigrant (student or tourist) to a lawful permanent resident (green card holder).
Qualifying for an adjustment of status requires that you:
- Be physically present in the United States (and present during the time this application is filed)
- Have made lawful entry into the U.S.
- Have an approved I-130 application
A complete adjustment status packet will include additional forms that must be completed before permanent residency is awarded.
Consular Processing: This is the process of applying for a green card through a U.S. embassy in a foreign country. For those outside the United States, consular processing is the only path to permanent residence.
To begin this process a U.S. citizen or permanent resident already in the United States must file Form I-130, Petition for Alien Relative. This form is to establish an eligible relationship between U.S. resident and individual who is immigrating. Form I-130 must be approved before obtaining a visa from The National Visa Center.
The National Visa Center will notify the petitioner (individual sponsoring the immigrant) when it is time to submit the Application for Immigrant Visa and Alien Registration (Form DS-260).
United States citizens may petition for a fiancé visa. Once your fiancé successfully immigrates to the United States, you must marry within 90 days. Only then can they file for adjustment of status.
For Same-Sex Couples
As of 2013, same-sex marriage is lawfully recognized in the United States. Thankfully, this means same-sex couples may now enjoy the same legal rights as everybody else in the country. For more information regarding which immigration strategy is right for you, get in touch with us today. We understand every situation is special and we are happy to discuss legal options in a way that is not only efficient for your family but easy to understand.
Under the unlawful presence law, individuals who have accrued a certain number of days in the U.S. illegally are restricted from becoming permanent residents from 3-10 years or unless they obtain the necessary waiver.
Form I-601 must be submitted to the USCIS and it must be proven that the person in question would suffer from “extreme hardship” without the waiver.