At Maged & Rost, we know how important family is. Our attorneys have helped hundreds of clients reunite with family members or start new families in the United States. We take pride in working to help clients sponsor spouses, same-sex spouses, fiancées, children, parents, and siblings for residence in the U.S.
There are, however, a myriad of complex issues surrounding family-based immigration. When a U.S. Citizen or permanent resident sponsors a family member, they will face issues such as: whether the sponsorship is possible for a particular category of relationship, what the priority date will be, whether there is an “aging out” problem, and what the underlying eligibility of the foreign-national happens to be.
It is highly beneficial to have skilled legal representation to help you every step of the way, from determining your eligibility for the benefit sought, collecting the relevant information and documentation, filing the correct forms, to assisting you with interview preparation. At Maged & Rost we’ll treat your family like part of our own.
When should I engage an Immigration Attorney?
Objectively speaking, the Family Based Immigration process could conceivably be completed by a couple, if you have an impeccable understanding of the forms’ requirements and the multifaceted legal issues. However, in current immigration environment, especially considering how complex and rapidly changing immigration laws have become, it is strongly recommended that you work with a competent and experienced immigration attorney.
The earlier you can consult with an experienced immigration attorney, the better. In the immigration field, it is immeasurably easier to do things right the first time rather than to try to fix a situation after the damage (or mistake) is done. So before making any moves or irreversible decisions, contact Maged & Rost to schedule a consultation.
If you are considering filing for a spouse, it would be a good idea to consult an attorney before you get married. Your relationship, the timing of your marriage, as well as your filing, will be scrutinized during your application process. If you’re already married, your best bet is to consult an attorney before you file anything to understand the process and the logistics of your particular case. An experienced immigration counsel will help you spot any potential issues and will skillfully guide you through your application process.
The decisions that you make now will have a lasting impact on your immigration journey, so it is essential to consult an experienced immigration attorney to craft a strategic immigration plan. Please feel free to contact our Boston-based law firm if you have any questions regarding this process.
Who is eligible to apply for a Family Based Green Card?
A green card will allow your family member to legally reside in the U.S. U.S. Citizens can sponsor an immediate family member, such as a spouse, fiancée, parent, or child under 21, for a green card. Legal Permanent Residents can sponsor a spouse or child under 21 for a green card. This process can either be done while the family member is abroad, or in the U.S.
If your family member is in the U.S., you may file to adjust their status to “permanent resident,” which would entitle them to a green card. Not everyone is eligible to adjust their status. Fortunately, US Citizens can petition for their spouse, parent, or child under 21 to adjust status in the U.S. Additionally, Legal Permanent Residents can petition for a spouse or child under 21 to adjust status in the U.S. For example, a good faith marriage to a U.S. citizen allows a foreign national to apply to change their status to “permanent resident”, thus, earning a green card. The U.S. citizen spouse must “sponsor” the foreign national spouse to adjust their status.
If your family member is outside of the U.S. when you file, you will file for their eligibility to receive a green card using form I-130. When this is approved, your family member would proceed through consular processing at the U.S. Embassy or Consulate in their country. If approved after this interview, they will be granted a visa to enter the U.S. and will receive their green card one they have entered the U.S.
If you have questions about whether your loved one would qualify for family-based immigration, please contact Maged & Rost to schedule a consultation.