Family Immigration Lawyer
On every journey in search of better opportunities, there’s nothing better than counting with the support of the family. These may not be the case for many immigrants who seek a life change in the United States. Through family-based remedies and the help of Jaskot Law’s family immigration lawyers, the reunification with your loved ones is possible.
What is a family-based petition?
Family-Based Petition stands as a vital pathway for families to reunite and create a shared future in the United States. These petitions, facilitated through Form I-130, enable U.S. citizens and lawful permanent residents to sponsor certain relatives for immigration benefits.
This profound gesture strengthens family bonds, embodying the essence of compassion and togetherness. Besides, this petition serves as the initial step in the process of bringing eligible relatives to the U.S., allowing them to obtain legal permanent residency and fostering family reunification.
Different Family-based Visa Categories
The Cancellation of Removal process offers myriad and empowering advantages. From avoiding deportation to gaining lawful permanent residency, discover some of the life-changing advantages that pave the way for stability and opportunity:By significantly enhancing the well-being of applicants, the U Visa provides:
Immediate Relative (IR)
The Immediate Relative category constitutes one of the most direct paths to family reunification in the United States. It includes spouses, unmarried children under the age of 21, and parents of U.S. citizens. Unlike other family preference categories, IRs face no numerical limitations, allowing for an expedited and relatively swift immigration process.
This category emphasizes the government’s recognition of the immediate need for families to be together and prioritizes their unity. In fact, IR visas are typically processed promptly, enabling the beneficiaries to join their U.S. citizen family members swiftly.
Family Preference (FP)
Family Preference categories encompass a broader range of familial relationships. There are four preference groups:
- F1: unmarried sons and daughters of U.S. citizens.
- F2A: spouses and unmarried children under 21 of green card holders.
- F2B: unmarried adult children of green card holders.
- F3: married children of U.S. citizens.
Unlike the Immediate Relative category, FP visas are subject to numerical limitations, leading to varying waiting periods. Such periods can extend significantly, especially for categories with high demand. Consequently, applicants in Family Preference categories often face a longer and more complex immigration process.
Common Challenges and Considerations for Sponsors
- Divorce and Separation:
If a marriage between the sponsor and the immigrant beneficiary ends in divorce, the sponsor’s financial obligation remains unless the immigrant spouse becomes a U.S. citizen, completes 40 qualifying quarters of work, or departs the U.S.
- Affidavit of Support for Divorcees:
Sponsors who previously filed an Affidavit of Support for another spouse (even if now divorced) remain financially responsible until the immigrant spouse naturalizes, completes 40 qualifying quarters, or leaves the U.S.
- Withdrawal of Support:
Sponsors cannot withdraw their financial support obligation by merely terminating the marriage or relationship with the immigrant beneficiary. Legal processes and responsibilities endure despite the personal relationship’s status.
Empower your family’s immigration journey. Seek the professional guidance of a seasoned family immigration lawyer, stay informed, and navigate the complexities of family-based immigration with confidence and clarity. Let us secure your future!
Adjustment of Status vs. Consular Processing in Family-Based Petitions
Achieve Family Reunification with the Help of a Family Immigration Lawyer
Family reunification in the United States is a cherished goal for many. Understanding the intricacies of family-based immigration is crucial. Whether you’re seeking to bring immediate relatives or members under the Family Preference category, the process involves complex legal procedures.
With years of experience, the skilled team of family immigration lawyers at Jaskot Law ensures your journey to reunification is as smooth as possible. Let us handle the legal complexities, allowing you to focus on building a future together with your loved ones.
Some FAQs to Better Understand the Process of Family-based Petitions
Can a family-based petitioner sponsor extended family members such as aunts, uncles, or cousins?
No, U.S. citizens cannot directly sponsor extended family members like aunts, uncles, or cousins. The family-based immigration system primarily caters to immediate relatives (spouses, unmarried children under 21, and parents) and certain preference categories (such as married children or siblings of U.S. citizens).
Are there specific income requirements for sponsors in family-based petitions?
Yes, sponsors must meet specific income thresholds outlined in the Federal Poverty Guidelines. Failing to meet these requirements might necessitate a joint sponsor or a significant financial asset demonstration to ensure the intending immigrant will not rely on public assistance.
Can a family-based immigrant work and study in the U.S. immediately upon arrival?
Family-based immigrants can typically work and study upon arrival in the U.S. However, certain categories, like spouses of U.S. permanent residents, might face employment authorization delays. It's crucial to check the specific visa category for details regarding work and study privileges.
