Legal News

Struggling with Family Based Immigration? V&S is Here to Help!

Sep 20, 2019 @ 14 : 59 pm

One important form of immigration is based on family relationship.  Within this category there are four preference subcategories:

  1. Spouse, parent or child (unmarried and under 21 years of age) of a U.S. citizen.
  2. Married child of a U.S. citizen
  3. Spouse and/or child (single and any age) of a Legal Permanent Resident (a holder of a green card)
  4. Sibling of a U.S. Citizen

The important fact to remember is that petitioning for one of the above family members can take years, depending where one falls within the preference subcategories and the country of origin.  The immediate relatives of U.S. citizens, namely the spouse, parent and/or child of a U.S. citizen, are given priority in processing. 

In addition, it is important to remember that processing is also affected by whether the alien is inside or outside the United States and whether the alien entered the United States with or without inspection at the border. 

For those that are in the United States and entered without inspection that person may have to return to their country of origin to go through processing.  At that point that individual may have to file for a hardship waiver to re-enter the United States legally through the processing program.  Please note that under those circumstances the waiver is not conclusive and may not be granted. 

For those that are in the United States and entered with inspection the process may be less complicated, especially for those who are married to U.S. citizens.  Many of these applicants do not need to return to their country of origin for processing and may process their applications for legal permanent residence within the United States.

Please note that in these legal matters it is important to seek the advice of an immigration attorney as there are many factors which may contribute to the approval or denial of a claim.

If you and your family have been struggling with the United States immigration system, please give us a call at (732) 494-3600 to schedule a free consultation with an experienced immigration attorney.

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