Family Based Immigration

The strength of the family bond stretches far beyond any country’s border.  Fortunately, under United States immigration law, a citizen or the holder of a green card (a lawful permanent resident) may petition to have relatives immigrate to the United States and obtain a green card.  These relatives may also later be eligible to obtain citizenship through naturalization time if they meet certain requirements.

 

For the thousands of people whose petition for permanent residence receive approval, many others experience the heartache of rejection.  Even worse, many petition are rejected simply because of a misunderstanding in the complexity of U.S. immigration law.  That’s why you need the expertise and skill of an immigration lawyer.

 

Here at the Sverdloff Law Group, our mission is to make your family whole again.  We do that by leveraging our skills and experience to guide you and your family through the entire process of becoming lawful permanent U.S. residents.  Whether you’re intending to bring your family together with you to the U.S. or re-unify after being separated, we’ll be with you every step of the way.

 

We have experience helping clients navigate family-based immigration cases such as:
  • Adjustment of status to permanent resident (green card)
  • Immigrant visas for permanent resident status (“green card”)
  • K-1 fiancé / fiancée visas and subsequent adjustment of status to permanent resident (“green card”)
  • Form I-751 petitions for removal of conditions on permanent resident (“green card”) status based on a joint filing for an existing marriage and waivers of the joint filing requirement based on a terminated marriage, abuse, or hardship
  • Motions and appeals to U.S. Citizenship and Immigration Services, the Board of Immigration Appeals, Administrative Appeals Office, and other United States government agencies and bodies
  • Form I-601 extreme hardship waivers (“hardship waivers”) for grounds of inadmissibility including certain crimes, fraud or misrepresentation, and unlawful presence
  • Form I-601A provisional waivers of inadmissibility for unlawful presence
  • Form I-212 applications for permission to reapply for admission to the United States for those who were previously removed (deported) from the United States
  • Self-petitions for victims of domestic violence under the Violence Against Women Act (VAWA)
  • Parole-in-Place for spouses, children, and parents of United States military personnel
  • Applications for Employment Authorization Documents, Advance Parole, Re-entry Permits, and other U.S. immigration benefits
  • Responses to Requests for Evidence and Notices of Intent to Deny for pending cases


Who is Eligible for Family-Based Immigration?

The family members that are eligible for family-based immigration depends on whether you are a United States citizen or a lawful permanent resident. The information below outlines which of your family members may be eligible based on your own status:

United States Citizens – As a U.S. citizen, you may petition for your spouse, children (whether over or under 21, married or unmarried), parents, and siblings. In addition, you may petition for a specialized fiancé(e) visa in the event that you are engaged to a foreign national living abroad. In addition, some spouses and children are eligible for a K-3 or K-4 Nonimmigrant Visa while a Petition for Alien Relative for permanent residence is pending.

Permanent Residents (Green Card Holders) – Individuals who have a green card have more limited options when it comes to family-based immigration petitions. They may file a petition for their spouse, unmarried children under 21, or an unmarried son or daughter of any age.

In addition to the above two categories, individuals who are in the United States in certain other categories may also be able to file a petition for their spouse and unmarried children. For example, refugees and asylees may petition for their spouses and children, and U visa applicants may submit applications for their spouses and children before or after their U visa approval. In all of these cases, there are specific rules that may or may not apply in your situation. As a result, anyone considering filing a family-based immigration petition should consult with a knowledgeable and reputable immigration lawyer.

Schedule an Initial Immigration Consultation
Get started today by contacting the Sverdloff Law Group at 312-238-9090 to schedule a consultation about your immigration needs.