Family Based IMMIGRATION
This category is perhaps the largest group of permanent resident petitions since it includes spouses, minor children adult children, fiancés, and even step-children. 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 hire an attorney experienced with the immigration laws to assist you with your unique situation.
There are two groups for family members: Immediate Relatives and Family-based preference categories.
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. For example, citizens of China, Mexico, India and the Philippines sometimes have longer waiting times than citizens from other countries.
- Family One- This preference category is for the unmarried sons and daughters of U.S. citizens who are 21 or older. This category is currently experiencing wait times of approximately 7 years and over ten years for citizens of Mexico and the Philippines.
- Family Two - This category is for the spouses, children, and unmarried sons and daughters of lawful permanent residents (LPRs). This category is divided into two subcategories whereby spouses and unmarried minor children of LPRs (“Family 2A”) are subject to delays of almost 5 years and even longer for citizens of Mexico. The “Family 2B” category is for unmarried “sons and daughters” of LPRS and the current wait time is over 8 years but up to 17 years for citizens of Mexico and 11 years for citizens of the Philippines.
- Family Three – Under this category, U.S. citizens may sponsor their married sons and daughters. The current waiting period is over nine years for all countries except Mexico and the Philippines. For Mexico and the Philippines the time interval is over 18 years.
- Family Four – This category has the longest delays – over 23 years for citizens of the Philippines. Under this category, U.S. citizens may apply for their brothers and sisters
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. As experienced immigration lawyers, the law firm of POBJECKY& POBJECKY, LLP 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. The law firm of POBJECKY& POBJECKY, LLP can assist you in making your international adoption process a success.
Hardship 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 a hardship waiver. As of March 2009, the law firm of POBJECKY & POBJECKY, LLP has a 97% approval rate for visas immediately following the waiver interview at the Mexican consulate in Ciudad Juarez. As part of the waiver process, you, the immigrant, must spend some time your home country, for example, no more than two months in Mexico. Such a brief stay is minor when compared to the joy and freedom our clients receive when their spouse returns to the United States with a lawful permanent resident card (green card).