Family Immigration Attorneys L ocated in Newark, New Jersey and serving clients nationally and internationally, The Law Office of Raymond D'Uva provides experienced, reputable representation in matters related to family immigration. Founding attorney Raymond P. D'Uva has close to four decades of experience handling family immigration matters.
Are You Eligible for Preference Under Family Immigration? Not everyone with a family member in the United States is able to use that relationship as a basis for immigration. Eligibility depends on the immigrant's relationship with the family member and the family member's status in the United States. In most cases if you are an immediate family member of a U.S. citizen, your relative can file an Immediate Relative Petition to allow you to become a lawful permanent resident (“green card” holder). Immediate relatives include spouses of citizens, parents of citizens who are at least 21 years old, and the unmarried, minor (under 21 years old) children of citizens.
Other familybased immigration categories provide an opportunity for foreign nationals to obtain lawful permanent residence but there are a limited number of such visas available. Also, different types of relationships receive different priority in the issuance of these visas. In order of preference, these categories are:
● Unmarried adult children (21 years of age or older) of U.S. citizens
● Spouses and unmarried children (under age 21) of lawful permanent residents
● Unmarried adult children (21 years of age or older) of lawful permanent residents
● Married children (any age) of United States citizens
● Brothers and sisters of U.S. citizens
Other Familybased Immigration Benefits
Fiances/Fiancees of United States citizens may, under certain circumstances obtain K1 visas to allow them to travel to the U.S. to marry their U.S. citizen fiancé/fiancée. Although the K1 visa is a temporary or “nonimmigrant” visa, once the fiancé/fiancée enters the U.S. and marries the United States citizen, which must take place within 90 days of entry, he/she can apply to adjust status to obtain a green card. Children of the primary K1 visa holder may accompany their parent to the U.S. as K2s and may adjust to lawful residence together with their parent once in the U.S.
Family members (spouses and children) of other nonimmigrant visa holders such as executives and managers of multinational companies (L1s), temporary professional workers (H1Bs), students (F1s) as well as other nonimmigrant categories, may usually obtain temporary “nonimmigrant” visas to accompany their spouse or parent to the United States and live, study, and in some circumstances work here while their spouse or parent remains here in their temporary visa status.
If you do not currently have legal immigration status in the United States you may nonetheless be eligible to adjust your status to that of a lawful permanent resident (“green card holder”) based on a family relationship depending on the manner of your entry into this country and depending also on whether you are covered by section 245i of the Immigration and Nationality Act.
Section 245i of the Immigration and Nationality Act which expired on April 30, 2001 provides an opportunity to certain foreign nationals who currently do not have lawful status in this country and who would otherwise not be eligible to apply for lawful status to do so under certain conditions. Consult with a qualified immigration lawyer to learn more about your options.
To schedule an initial consultation to discuss immigration issues with a lawyer at our firm, call us at 9736437750 or c ontact our offices online. We look forward to helping you begin a new life in the United States.