Family-Based Immigration

Our office represents individuals physically in the United States applying for permanent residence with U.S. Citizenship and Immigration Service, as well as those who are abroad and applying for permanent residence at a U.S. consulate. We also represent applicants who are in removal proceedings before the Immigration Court, who are seeking to remain in the U.S. based on a family petition.

It is possible to obtain lawful permanent resident status through a family member if you are the spouse, parent or child (under 21 and unmarried) of a U.S. citizen (known as “immediate relatives”), the unmarried son or daughter of a U.S. citizen (21 or over), the married son or daughter of a U.S. citizen, the spouse or unmarried son or daughter of a permanent resident, or the sibling of a U.S. citizen. It is also possible for the spouse of a Cuban national to apply for permanent residence under the Cuban Adjustment Act, if certain conditions are met.

Only immediate relatives of U.S. citizens, as well as spouses and children of Cuban nationals, have visas immediately available to them, in that there is no quota. This means that an immediate relative or spouse or child of a Cuban national can apply for permanent residence right away without having to “wait in line”. All other categories of family-based immigrants must first file a petition, and then wait for the “priority date” to be reached before applying for permanent residence. This wait can be from 3 to 20+ years, depending on the category and country of origin. The filing of a petition alone does not convey legal status to the beneficiary, so if the beneficiary is in the United States, he or she must maintain legal status independently of this process.

We handle complex cases, including those where the applicant may have a criminal record requiring a waiver of inadmissibility, and cases which have been previously denied.

Our office also handles special cases, such as those involving orphans, adopted children, special immigrant juveniles, and husbands, wives, children or parents who have been the victims of abuse.