Glendale Family Immigration Lawyer
Serving Clients Throughout Los Angeles & Across the US
If you are a US citizen or a lawful permanent resident (LPR), you are eligible to sponsor immediate family members who want to immigrate to the US and LPRs through a family-based petition. The United States Citizenship and Immigration Services (USCIS) provides two categories of family members who are eligible to be sponsored. The first category includes immediate relatives such as spouses, children, siblings, and parents. This category also includes children who are adopted by US citizens, regardless of whether the adoption happened in the US.
The second is for “family preference,” which includes four categories:
- F1: children of US citizens that are unmarried and older than 21, along any children they might have who are minors
- F2: the immediate family of LPRs
- F3: children of US citizens who are married, as well as their spouses and children
- F4: siblings of US citizens and any of their sponsors or children who are minors; a US citizen must be older than 21 to sponsor this family preference visa
It is important to note that the US does not limit the number of immediate relative visas they permit, but they do limit family preference visas. There are also limitations on who an LPR can sponsor, namely spouses or unmarried children. US citizens can generally file on behalf of most people that fit in the immediate relative or family preference categories.
Call (818) 201-2636 or contact our Glendale family immigration attorney online today!
Immigration Waivers
The US can deem certain individuals inadmissible for reasons such as criminal activity, overstaying a visa, or previous removal from the country. This designation often splits families and makes it difficult for them to reunite. There are, however, options for individuals who want to gain access to the US when they have been deemed inadmissible through certain immigration waivers.
Below are common waivers and what they cover:
- The I-601 waiver is for individuals who have committed a crime in the US or who were unlawfully present in the country
- The I-601A waiver is specifically for individuals who were unlawfully present in the US and who are applying while still in the country
- The I-212 waiver is for individuals who have been deported or removed from the US
There are additional waivers that cover more specific cases where the US has deemed a person inadmissible because they had committed fraud, misrepresented themselves in a removal hearing, or other violations.
The I-601A waiver is key for many people living in the US who might be in a situation that would have them separated from their children, spouses, or other relatives because of issues with immigration law. This provisional waiver instead allows people who are undocumented immigrants to stay in the US with their families and obtain legal status.
There are two primary provisions for who this waiver can provide relief. The I-601A waiver only covers immediate family members of citizens or LPRs. Also, to successfully obtain a waiver, a person must show that without the help of the waiver they would experience significant hardship.
Meeting the USCIS’s provisions for these waivers can be difficult, but it is not impossible, and the relief they can provide families who might otherwise have to deal with being separated is invaluable. It is in a person’s best interest to seek the help of a skilled attorney to pursue an immigration waiver.
How to Apply for a Family Visa
There are two steps in filing for relative visas:
- A US citizen or LPR must file form I-130, which will detail the relationship of the sponsor to the relative they are petitioning for.
- The initial petition establishes what is called a “priority date,” which is key for the relative wanting to immigrate to the US. The relative must wait until that priority date to receive a visa number, after which they can work to obtain a green card.
While the process might appear simple, there are a number of factors that can make family petitions difficult. The process can take a significant amount of time, depending on the demand for visas in the fiscal year that a person applies. During this waiting period, any number of things such as a marriage or birthday can alter what a petition needs or the eligibility to immigrate to the US by way of a petition. These factors make it important to retain a Glendale family immigration attorney who can provide counsel throughout the petitioning process and help meet any challenges due to life changes.
How to Help a Family Member Become a Permanent US Resident
Once an individual has successfully petitioned for family member’s visa, they can also sponsor the LPR application for that same family member. Immediate relatives can apply for permanent residency at the same time as petitioning for a visa with form I-130. Relatives who fall under the “family preference” category must wait until they receive a relative visa to submit form I-485, which is the US’s application for permanent residence.
Learn more about how we can help you by calling (818) 201-2636 or contacting us online today!
