IMMIGRATION | Edward The One Stop Lawyer

AREAS OF PRACTICE

FAMILY-BASED PETITIONS

It is important to handle the family-based immigration process correctly to avoid delays. The correct process to undertake is based upon the applicant's individual circumstances, as well as their prior immigration history and criminal history.

Some people in the United States can petition for relatives or future relatives, such as a fiancé(e) or a prospective adopted child, to immigrate to the United States.

Your status determines which relatives or future relatives may be eligible to immigrate. In order to sponsor a family member, you must be a:

  • U.S. citizen

  • Green card holder (permanent resident), or a

  • Refugee or asylee admitted within the past 2 years

Your status determines which relatives or future relatives may be eligible to immigrate. In order to sponsor a family member, you must be a:

  • Husband and wife: To immigrate through this process, your spouse must either be a Lawful Permanent Resident or a U.S. Citizen. The petition requires establishing that the marriage is bona fide and that a relationship existed between the spouses prior to their marriage, among other requirements.
     

  • Sons and daughters or children of U.S. citizens or Lawful Permanent Residents. Petitions require that the family relationship be established by substantiating documentation in order to be approved.  There are certain requirements that are different if the Petitioner is a U.S. Citizen or a Lawful Permanent Resident.
     

  • Brothers and sisters of U.S. citizens: Only U.S. citizens may petition for their brothers and sisters to come and live in the United States. Permanent residents cannot petition for their siblings.

Visa Preference categories are grouped generally as follows:

  • First preference: Unmarried, adult sons and daughters of U.S. citizens

  • Second Preference: Spouses and unmarried children of green card holders and unmarried adult sons and daughters

  • Third Preference: Married sons and daughters of U.S. citizens

  • Fourth Preference: Brothers and sisters of adult U.S. citizens

 

If your relative is already in the United States, he or she may apply to adjust status to become a Lawful Permanent Resident after a visa number becomes available by submitting Form I-485.  To be able to apply for adjustment of status your relative must be eligible to do so and only certain immigrants are only able to do so. To verify to see if you can apply, please contact our office.  If your relative is outside of the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available for Consular Processing. Your relative’s preference category will determine how long he or she will have to wait for an immigrant visa number.

If you have been married for less than two years when you receive your marriage-based green card, you must file to remove conditional status within 90 days of the expiration.  This is because you will be a conditional resident due to the marriage being under 2 years. You will need to demonstrate that you are in a legitimate marriage to do so. However, if you find yourself in a situation where the marriage is not going as planned and divorce is on the horizon, we can assist you with conditional residence as well.  It is possible for you to still stay in the United States as a Lawful Permanent Resident.

If you have any sort of immigration history or criminal history, you may need to file an additional waiver before you can do consular process or adjustment of 

Although it is located in Houston, our law firm represents individuals and businesses from all over the world. 

IMMIGRATION LAW AT

EDWARD LAW GROUP

If courtroom appearances prove necessary, your attorney should fight passionately on your behalf. Assertive courtroom representation can make all the difference in complicated immigration cases, particularly if the client is at risk of deportation.

The right Houston immigration attorney can help you build a better life for yourself and your family. Look to Edward Okwueze and Associates for assistance with all of your immigration-based legal needs.

© Copyright 2019 Edward Law Group