Family-Based Immigration Visas
We bring your family members (spouse, parents, brothers, and sisters) to the USA. We work with consulates all over the World!
Sponsored family immigration involves a qualifying relative (a USC or LPR) who files a petition to sponsor a family member who may qualify for permanent residence (also known as a “green card”) In general, a family-based residence is limited to children, spouses and parents of a US citizen or lawful permanent resident . If the sponsor is petitioning for his/her parents the applicant must be at least 21 years old. If the application is for a child, the child must be under 21 years of age at the time of filing. For immigration purposes, a “child” includes a stepchild, adoptive child, children born out of wedlock and legitimized children. This special definition of “child” generates benefits not only for the “child“ but also the parents and the brothers of the “child”.
There are special issues only an experienced immigration lawyer understands regarding the eligibility of family members to emigrate.
Especially complex issues include the concept of “legitimization”, involving countries that eliminate “born in or out of wedlock” distinctions (such as El Salvador), as far as international adoptions are concerned.
It is never advisable to experiment with your family member’s case without legal advice.Because the US Supreme Court has annulled the DOMA law, same-sex couples can now petition for their spouses. This raises many legal issues that a lawyer must review before making the decision to file any side of the state or consular petition.A widower married to a US citizen (at least 2 years) may apply under certain circumstances. A battered spouse or child residing with a USC / LPR spouse/parent may apply in certain circumstances may self-petition, that is, they will not have to depend on the aggressor to file the petition.
There are some cases in which a member of the family is already in the US, but they entered without inspection (“IAT”), or perhaps they entered with the inspection, but the authorization period of his / her visa remained. Some of these cases present difficult questions about the renunciations of illegal presence (“ULP”) three and ten-year bars. As of March 4, 2013, certain applicants have been able to file waivers from the stateside, without having to leave the United States. If a family member has been previously deported and re-entered or entered the US illegally more than once, other difficult issues arise about waivers, permanent bars for admission (and AOS) are a concern. Only an experienced immigration lawyer can advise you after careful consideration of the particular facts of your case. These cases present different results depending on BIA and the treatment of the federal circuit court.
If your relative can not request your resignation in conjunction with an AOS application in the US, you will face the difficult decision of whether to consular process or expect a change in the law. An immigration lawyer is needed to evaluate your chances of winning a “dispensation” case at the consulates based on your individual circumstances. Although the pre-adjudicated (state-side) waiver may seem like an easy option, not all grounds for inadmissibility are suspended under this new process.
Same-sex applications are not treated differently than other applications, following the repeal of DOMA by the Supreme Court of the United States. We welcome LGBT clients and we are here to help all people equally.
Availability for the visa to enter the US As a legal permanent resident, you can depend on the availability of a visa (see: Visa Numbers). Once again, comprehensive immigration can end the long waiting times for the availability of visas. However, there is no guarantee that there will not really be a change in the law.