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. There are two groups for family members, immediate relatives and family-based preference categories. 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 work with an experienced immigration lawyer who can assist you with your unique situation.
Immediate Relatives
In order to qualify for this category, the petitioner must be a U.S. citizen. The eligible family members include the petitioner’s
- Spouse
- 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.
Family-Based Preference Categories
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.
International Adoptions
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. An experienced family-based immigration lawyer 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.
I-601 Waivers
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 an I-601 waiver.
Contact Pobjecky & Pobejcky to start the immigration process today. We have a team of experienced family-based immigration lawyers that gives each case personalized attention. Give us a call today to discuss your situation.
