The category of Family Based Immigration is perhaps the largest group of permanent resident petitions since it includes spouses, minor children adult children, fiancés, and even step-children. The U.S. Immigration Laws under the Immigration and Nationality Act (INA) provide a method for a U.S. citizen or lawful permanent resident (LPR) to sponsor the immigration of a family member. The INA is very confusing and it is recommended that you hire an attorney experienced with the immigration laws to assist you with your unique situation.
There are two groups for family members: Immediate Relatives and Family-based preference categories.
In order to qualify for this category, the petitioner must be a U.S. citizen. The eligible family members include the petitioner’s
- Parents – (so long as the petitioner is at least 21 years old), and
- Unmarried children who are under the age of 21.
Under this category there are no limits on the number of immediate relatives who might emigrate from any country. Another advantage is that if the relative entered the United States in a lawful manner then the relative is exempt from certain “bars” such as unauthorized employment or overstaying their time of admission. If the relative qualifies under this category then the immigrant can apply for work authorization while their application is pending.
If your relative does not qualify under the “immediate relative” classification then they will be subject to numerical limitations, which vary depending on which preference category applies. These numerical limitations also vary based on which country your relative is from. Learn more about the family-based preference categories.
Statistics show that each year, thousands of Americans adopt a child from overseas. While adopting a child can be the most exciting time in a new adoptive parent’s life, it can also be a very difficult process. As experienced immigration lawyers, the law firm of Pobjecky & Pobjecky LLP can assist with your application process, home study, and your eligibility criteria. Depending on the foreign country from which you would like to adopt, the adoption process may vary. The law firm of Pobjecky &Pobjecky LLP can assist you in making your international adoption process a success.
Are you married to a United States Citizen or a Lawful Permanent Resident, but you entered the United States without permission? If so, you may qualify for a I-601 waiver. Learn more about 1-601 Waivers.
Ready to bring your family together?
Contact Pobjecky & Pobejcky to start the immigration process today. We’re an experienced immigration law firm that gives each case personalized attention.