Family-based immigration law is a process through which an individual may petition certain family members to immigrate to the United States. The process of a Family-Based Immigration Lawyer can be complex and often requires the assistance of an experienced immigration lawyer.
Process of Family-Based Immigration Law
The first step in the family-based immigration process is for a U.S. citizen or lawful permanent resident to file a petition for their family member. The family member being sponsored must be either an immediate relative or fall within a certain family preference category. Immediate relatives include spouses, unmarried children under the age of 21, and parents of U.S. citizens. Family preference categories include unmarried sons and daughters over the age of 21, married sons and daughters of any age, and siblings of U.S. citizens.
Once the petition is filed, the next step is for the family member being sponsored to apply for an immigrant visa or adjustment of status. If the family member is outside of the United States, they will apply for an immigrant visa at a U.S. embassy or consulate in their home country. If the family member is already in the United States, they may apply for adjustment of status to become a lawful permanent resident.
The immigration process for family members who fall within the immediate relative category is usually faster and more straightforward than for those who fall within the family preference category. Immediate relatives are not subject to numerical limits and are usually processed more quickly than those in family preference categories.
The process of family-based immigration law can be complicated by certain issues, such as inadmissibility. If a family member is found to be inadmissible, they may be barred from entering the United States or may have to apply for a waiver. Inadmissibility can be caused by a variety of factors, such as criminal history, health issues, or previous immigration violations.
It is important to note that the process of family-based immigration law is subject to change and can be impacted by political and social factors. The Trump administration, for example, implemented various policies that made it more difficult for individuals to immigrate to the United States through family-based immigration.
Overall, the process of family-based immigration law can be complex and requires careful attention to detail. It is important to work with an experienced immigration lawyer who can guide you through the process and help ensure that your family member has the best possible chance of being approved for immigration.