Immigration Lawyers Here to Help

Family-based immigration, also known as family-sponsored immigration, is a process that allows U.S. citizens and lawful permanent residents (green card holders) to sponsor certain family members to come and live in the United States permanently.

U.S. citizens can sponsor their immediate relatives, including spouses, unmarried children under 21, and parents. Lawful permanent residents can sponsor their spouses and unmarried children under 21 (F2A category) and unmarried adult children over 21 (F2B category).

The F1 category refers to the unmarried sons and daughters (over 21) of U.S. citizens, while the F3 category is for married sons and daughters of U.S. citizens. The F1 category usually has a shorter waiting period compared to the F3 category.

Yes, there are annual quotas for family-sponsored immigration based on visa category and country of origin. Immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21) have unlimited visas available, but other categories may be subject to visa backlogs.

Processing times can vary depending on the relationship of the petitioner and the beneficiary, the visa category, the country of origin, and the USCIS processing workload. It’s important to check the USCIS website for current processing times and visa bulletin updates.

No, green card holders cannot directly sponsor siblings for immigration. Only U.S. citizens are eligible to sponsor siblings.

In most cases, individuals who entered the U.S. illegally (without inspection or overstayed their visa) may not be eligible for family-based immigration. However, there are certain exceptions and waivers available in specific circumstances, and it’s best to consult an immigration attorney for advice.

For immediate relatives (spouses, parents, and unmarried children under 21) of U.S. citizens, there is no age limit. However, for other categories, such as F2A and F2B, children must be unmarried and under 21 to be included in the petition.

Yes, same-sex spouses of U.S. citizens and lawful permanent residents are eligible for family-based immigration, just like opposite-sex spouses.

Family-based immigrants can work in the U.S. once they obtain their green cards (permanent resident status). Some categories may have work restrictions while the green card application is pending.

Deportation defense, also known as removal defense, involves legal strategies and procedures used to protect individuals facing deportation or removal from the United States. It aims to challenge the government’s efforts to remove a person from the country.

Yes, in most cases, individuals facing deportation have the right to appeal the deportation order to the Board of Immigration Appeals (BIA). It is essential to file the appeal within the specified timeframe and seek legal assistance to present a strong case.

If you fear persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible to apply for asylum or refugee status. Asylum is for those already in the U.S., while refugees apply from outside the U.S.

Cancellation of Removal is a defense available to certain non-U.S. citizens facing deportation. Eligibility varies depending on factors such as the length of residency in the U.S., good moral character, and the ability to demonstrate extreme hardship to qualifying family members.

Yes, in some cases, individuals in removal proceedings may be eligible to apply for adjustment of status if they have an approved family-based or employment-based immigrant petition. This allows them to apply for a green card without leaving the U.S.

A U Visa is available to victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of the crime. It can provide temporary protection from deportation and work authorization.

DACA (Deferred Action for Childhood Arrivals) provides temporary protection from deportation and work authorization for individuals who entered the U.S. as children. However, DACA alone does not provide a pathway to permanent residency or citizenship.

Yes, immigration authorities have the discretion to exercise prosecutorial discretion, which may lead to the closure or administrative closure of removal proceedings, particularly for individuals with strong equities or humanitarian factors.

While it is not required to have an attorney, it is highly recommended to seek the assistance of an experienced immigration attorney for deportation defense. Immigration law is complex, and having legal representation can significantly improve the chances of a successful defense.

A final deportation order means that the individual is required to leave the U.S. If they fail to comply voluntarily, they may face further penalties, such as bars on reentry to the U.S. for a specified period.