Family Based Adjustment
Petitioning for a relative to obtain legal status in the United States may be one of the most important things you ever do. But it can be a complicated process, fraught with pitfalls. Therefore, it is critical to retain good immigration counsel.
We screen petitions, extensively prepare the filing, and provide comprehensive interview preparation.
These days, it is not enough to just fill in the forms. If a relative petition, especially for a spouse, is to have a good chance at approval by USCIS or a consulate, it must include substantial organized and persuasive supporting evidence.
Throughout the process, we prepare you and your beneficiary relative for the next step and the interviews. If the beneficiary relative is in the United States we strongly recommend our attendance at the interview. We handle all follow-up with USCIS and/or the consulate, such as requests for additional evidence.
We help you and your family to strategize the timing and appropriateness of petitioning for a green card. For instance, if the beneficiary is outside the United States, applying for an immigrant visa petition may make it more difficult for the beneficiary to travel to the United States on certain nonimmigrant visas necessitating careful planning. Or, the beneficiary relative may have an issue of inadmissibility for which a waiver, if available, must be filed. Careful screening, planning, and preparation by competent counsel will avoid most denials of petitions.
What you should know about petitioning
United States citizens (USC) and lawful permanent residents may petition for certain relatives to become permanent residents (“green card holders”). Some classes of relatives are able to adjust their status to lawful permanent residency immediately, meaning that there is no wait for an immigrant visa. Other classes of relatives are grouped into preference categories that determine how long they will have to wait for an immigrant visa after filing an I-130 petition for alien relative, which initiates the process. These preference categories and the length of wait are set forth in the State Department Visa Bulletin that is updated monthly and is available on the State Department website.
Call immigration counsel immediately in the event that you or a family member has been detained by ICE or placed in removal proceedings after receiving a Notice to Appear in immigration court. It is important to act quickly because your relative may be subject to expedited removal or persuaded to waive his or her right to see an immigration judge.
If you or your relative has been detained or is in removal proceedings, do not give up hope.
There is the possibility that you, he, or she may qualify for one or more forms of relief from deportation, including the following:
Immediate Relatives
for whom an immigrant visa (green card or adjustment of status) is immediately available: Immediate relatives are spouses, children under 21, and parents of United States citizens.
Fiances of USCs living abroad
may be sponsored and enter the United States on a K-1 visa petition, and children of the foreign national fiancé may enter on a K-2 visa.
First Preference Category
the unmarried sons and daughters of USCs who are age 21 and over. The wait period is generally one year or more, depending upon the country of citizenship of the son or daughter.
Second Preference Category
the spouses and unmarried sons and daughters of lawful permanent residents. Spouses and children under 21 are classed as second preference category “A,” and sons and daughters age 21 and over constitute subcategory “B.”
Third Preference Category
married sons and daughters of USCs. This preference category entails the longest wait, and families may want to explore other options for immigrating, if available.
Fourth Preference Category
brothers and sisters of adult USCs.
It is important to choose an immigration law firm or lawyer that has experience with removal defense. This is a substantial area of practice and experience for the Immigrants First, PLLC.
We will explore all possible options
Foreign nationals who are “inadmissible” or “deportable” may find themselves detained by Immigration and Customs Enforcement (ICE) and/or before an immigration judge, who decides whether they should be removed from the United States. There are many ways that this can happen, but the most common are:
- Being an out-of-status foreign national who comes to the attention of ICE through the commission of a traffic offense or crime;
- Applying for an immigration benefit and receiving a denial;
- Leaving the United States, seeking to re-enter after being out-of-status for over six months, abandoning green card status, and/or having a criminal record; and
- Being out of status and getting picked up in an ICE home or workplace raid.
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