Family Based Permanent Residence
We take pride in protecting families from adverse immigration consequences by representing clients in all aspects of family-based immigration, including marriage-based immigrant petitions and adjustment of status applications, fiancé and spousal visas, petitions to lift conditional permanent residency status, and naturalization applications. We analyze cases at the outset to address potential eligibility issues, which helps clients anticipate and avoid problems before they reach the agency and they are transformed from a benefits application into an enforcement action.
U.S. citizens may file immediate relative immigrant visa petitions for spouses, who are then able to apply to adjust their status to permanent residence here in the United States or apply for an immigrant visa at a U.S. consulate abroad. These immediate relative petitions are also available for U.S. citizens’ unmarried children under the age of 21 and the parents of adult U.S. citizens. While U.S. citizens and permanent residents are able to petition for other close relatives (such as siblings), these family preference categories face long quota backlogs and, depending on the country of origin, family members will likely wait for years for immigrant visas to become available for adjustment of status or consular processing.
While applying for permanent residence based on marriage to a U.S. citizen may be among the fastest ways to immigrate, these petitions also carry special concerns, including the requirement that the couple must prove their good faith marriage. A marriage fraud finding is one of the most severe immigration law penalties. If the marriage is less than two years old, the immigrant spouse becomes a conditional resident with a permanent resident card that expires within two years. An additional application is required to remove the conditional status or the status is automatically terminated.
Our attorneys have expertise with addressing particularly challenging eligibility or admissibility issues that may arise during the petition process, whether at USCIS local and regional offices or at the consular post. Our firm has uniquely effective experience preparing successful waiver applications to help clients overcome obstacles to immigration because of admissibility problems, whether health-related, criminal related, security-related, or previous immigration problems, including deportation, misrepresentations, or unlawful presence. We help our clients with all steps involved in processing for immigrant visas through U.S. consulates abroad with special waiver applications to overcome ineligibility findings.