Family Immigration

  • Immediate relatives

    An Immediate Relative is defines by the Immigration and Nationality Act as the spouse of a U.S. citizen, unmarried child under 21 years of age of a U.S. citizen, or the parent of a U.S. citizen 21 years of age or older.

  • Priority Date Relatives

    Unmarried Sons and Daughters of U.S. citizens 21 years or older.

    Spouses and unmarried children 21 years or younger of Legal Permanent Residents

    Unmarried children 21 and older of Legal Permanent Residents

    Married sons and Daughters of Citizens

    Brothers/Sisters of U.S. citizens

  • VAWA/Widower

    VAWA - spouses and children under 21 of LPR/U.S citizen subjected to extreme cruelty and Parents of U.S. citizens 21 years or older may self petition.

    Widower can self petition as long as they file a self petition within the first two years of the Spouse’s death.

Special Immigrant Juvenile Visas

  • Present in the United States

  • Has been placed by Court order in the Custody of a Guardian or the care of a parent pursuant to Allocation of Parental Rights (Predicate Order), based on abuse, abandonment, neglect by one or both parents and a finding it would not be in the best interest of the child to return to home country.

  • Under the Age of 21 at the time they submit the I-360 to USCIS (must have Court Order first before you can submit application)

  • Unmarried (some changes to this after approval but should consult with attorney prior to any marriage)

What about the Children

PRIORITY DATE VISA

USCIS RELEASES VISA PRIORITY DATES EACH MONTH WITH A VISA BULLETIN

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Consular Processing

ARE YOU CURRENTLY LIVING OUTSIDE OF THE UNITED STATES?

If so have you ever been to the united states?

1. If you have never been to the United States you will be consular processing you case will start with an I-130 petition

2. Once this is approved your case will be transferred to the National Visa Center

3. Biographical information and documents are submitted in support of your application and your sponsor files the Affidavit of Support (NVC fees are paid)

4. Documents are reviewed and the case is transferred to the Consulate

5. You will be notified of your interview date

6. Medical exam and background checks are completed prior to the interview.

7. Interview (LPR status Granted)

Adjustment of Status

CAN YOU APPLY FOR RESIDENCY WHILE IN THE UNITED STATES?

QUICK ANSWER? WE MUST LOOK AT YOUR IMMIGRATION HISTORY

STARTING POINT

1. How did you enter the United States?

2. Who is petitioning for you?

3. Did someone petition for you in the past? Or perhaps they petitioned for your parents?

4. Entries into the United States? 1 entry or multiple and the manner in which they occurred have a huge impact on your ability to adjust status. (Admissibility Issues)

5. Criminal record? You might need a waiver

6. Are you an immediate relative?

PROVISIONAL WAIVERS

In some instances you may qualify for a waiver to forgive you unlawful entry into the United States.

If your family member entered the United States without a visa one time and remained in the United States without returning, they may qualify for a waiver.

A provisional waiver can be applied for while you are in the United States waiting on its approval.

In order to qualify you must have an approved I-130 with a current priority date and you must establish that your qualifying relative who is a spouse/parent that is a U.S. citizen or LPR will suffer extreme hardship

We have to analyze this in two ways

  1. Separation

  2. Relocation

This only waives unlawful presence for 1 unlawful entry not multiple and it does not waive other grounds of inadmissibility