With over 15 years of dedicated experience in immigration law, our team of family immigration attorneys at Dalbir Singh and Associates is committed to helping you reunite with your loved ones in the United States.
When it comes to legalizing your family's immigration status, our highly skilled team at Dalbir Singh and Associates is here to provide comprehensive assistance. We will carefully assess your situation, determine the most suitable eligibility solutions, and guide you through every step of the process, including interviews, paperwork, and more.
Family-based immigration offers a pathway for individuals to become permanent residents of the United States through relationships with family members who are either US permanent residents or US citizens.
To initiate the process, an immigration petition for a family member, known as the "Beneficiary," can be filed with the United States Citizenship and Immigration Services (USCIS) by a "Sponsor." The Sponsor can be either a US citizen or a legal permanent resident.
US citizens can petition for the following family members:
Child under the age of 21 (provided the marriage occurred before the child's 18th birthday)
Parent (if the son/daughter is over 21 years of age)
Son or daughter over the age of 21
Brother or sister.
Permanent residents can petition for the following family members:
Spouse's unmarried children under the age of 21
There are two main types of family-based immigrant visas in the US:
Immediate Relative Visa: This visa category is for close family members of US citizens, including spouses, children under 21, and parents. There is no annual limit for immediate relative visas.
Family Preference Visa: This category is for more distant relatives of US citizens and lawful permanent residents. It includes specified relationships with a lawful permanent resident. The number of visas available in this category is limited per fiscal year.
Family preference categories encompass family and relative relationships beyond immediate relatives, allowing US citizens and lawful permanent residents to petition for family immigration. These categories are as follows:
F1, First preference category: Unmarried sons and daughters (21+ years of age) of US citizens
F2A, Second preference category: Spouses and children (unmarried and under 21 years of age) of lawful permanent residents
F2B, Second preference category: Unmarried sons and daughters (21+ years of age) of lawful permanent residents
F3, Third preference category: Married children of US citizens
F4, fourth preference category: Brothers and sisters of US citizens (if the US citizen is 21 years of age or older)
The preference category you fall under determines the waiting time until an immigrant visa becomes available. For more detailed information regarding this matter, please reach out to our knowledgeable attorneys at Dalbir Singh and Associates.
You can help family members immigrate to the US if you fall into one of the following categories:
Permanent resident (Green Card holder)
Refugees admitted within the past two years.
Asylee was granted asylum within the past two years.
The required documents and application processes vary based on the sponsor's status. To determine the available options in your specific situation, it is advisable to contact an immigration law firm specializing in family immigration.
Another version: At Dalbir Singh & Associates, P.C., we have aided tens of thousands of individuals in reuniting with their families, and our experienced attorneys will provide guidance and support in your endeavors to bring your family members to the US.
The sponsor signs a legally binding affidavit to ensure their support for the beneficiary. This support includes maintaining the beneficiary's standard of living at a level not lower than 125% of the national poverty level until the beneficiary:
Becomes a US citizen.
Accumulates 40 qualifying quarters of work in the US (approximately ten years)
An immediate relative refers to a close family member of a US citizen, including spouses, children under 21 years of age, or parents of children over the age of 21.
A principal beneficiary is an alien family member on whose behalf a visa petition is filed.
A derivative beneficiary is an alien who cannot directly file a visa petition but is allowed to follow the principal beneficiary based on a parent-child or spousal relationship.
Examples include unmarried children under the age of 21 or the spouse of the principal beneficiary.
To petition for a Green Card for a family member, follow these steps:
File Form I-130, Petition for Alien Relative, to establish the relationship between you and your relative. This step places you in the visa processing line.
If your relative is in the United States and meets the eligibility criteria, they may be eligible to apply for an adjustment of status to become lawful permanent residents once a visa number becomes available. However, not all family members are eligible for adjustment of status, even if they are in the United States. Consult with Dalbir Singh & Associates, P.C., regarding your specific qualifications.
If your relative is not in the US, your petition will be forwarded to the National Visa Center (NVC).
The NVC will collect biometric data, financial documentation, police clearances, and other necessary documentation to determine your relatives' eligibility for lawful residence.
When a visa becomes available, the NVC will send your petition to the respective US consulate.
Your relative will be notified of the next steps to take.
The preference category of your family member will determine the waiting time for an immigrant visa number.
After filing your petition, you can track the progress online through the USCIS website's My Case Status page.
For information about visa availability, visit the US Department of State's Visa Bulletin page.
Our experienced family immigration lawyers can assist you in navigating the application process and provide explanations for the next steps.
You can file an I-129F fiancée visa if you meet the following criteria:
You are a US citizen.
You are not currently married.
You do not plan to marry until your fiancée comes to the US. Once your fiancée is admitted to the US, you must get married within 90 days and apply for their green card. If you are not a US citizen, are already married, or plan to marry your partner before they come to the United States, your only option is to file an I-130 spouse petition after your marriage.
The marriage-based Green Card Interview aims to establish that the marriage is entered into in good faith and not solely for immigration benefits. The interview may include questions from various categories, such as:
Questions about the beginning of your relationship (how you met, when the relationship turned romantic, details of the proposal, etc.)
Questions about your wedding (date, location, number of guests, honeymoon plans, etc.)
Questions about your life together as a couple (number of rooms in your home, joint bank account, preferred bank, furniture in your home, etc.)
Questions about your spouse (education, favorite meal, work schedule, mutual friends, etc.)
Questions about your joint financial relationship with your spouse
Regardless of gender, if you are married to a US citizen or permanent resident and your significant other becomes abusive, you may apply for a Green Card on your own under the Violence Against Women Act (VAWA). Conditions for the application include:
You believed you were entering a legally valid marriage.
You entered the marriage in good faith (not solely for obtaining a Green Card).
You have lived with your spouse.
You have experienced physical abuse or extreme emotional abuse.
You have good moral character. You can apply for a Green Card for up to two years after divorcing an abusive spouse, if you have not remarried. If you have been in the US for at least three years, demonstrated good moral character during that period, and have been abused by a spouse or intended spouse who is a US citizen or permanent resident, you may also apply for cancellation of removal in Immigration Court proceedings, which can lead to obtaining a Green Card. If you have experienced domestic abuse, our experienced family immigration attorneys at Dalbir Singh & Associates, P.C. will review your case, explore your options, and assist you in filing the necessary documents to ensure your safety.
Yes, if your children are US citizens and they are at least 21 years old, they can petition for you as an immediate relative. For a detailed understanding of the process and to determine your eligibility, it is recommended to consult with a knowledgeable family immigration lawyer at Dalbir Singh & Associates, P.C.
Yes, if you have a sibling who is a US citizen and they previously petitioned for you, and now a visa is available for you, your spouse, and unmarried children under 21 years of age can apply for a Green Card along with you. It's important to note that under certain circumstances, your child may still qualify for a Green Card even if they have reached the age of 21, thanks to the provisions of the Child Status Protection Act. To fully understand the implications and ensure a smooth process, it is advisable to seek guidance from our experienced family immigration lawyers.
If you filed Form I-130, Petition for Alien Relative, for a family member when you were a legal permanent resident, but you have since become a US citizen, you can upgrade your petition from family second preference to an immediate relative. To do this, you will need to provide evidence of your US citizenship to the National Visa Center. Such evidence may include your naturalization certificate or US passport. By upgrading your petition, you can potentially shorten the waiting time for your family member to receive an immigrant visa.
To be eligible for an adjustment of status as a family preference immigrant while you are in the US, you need to meet several requirements. These include:
Submitting Form, I-485, Application to Register Permanent Residence or Adjust Status.
Having been inspected and either admitted or paroled into the US.
Being physically present in the US at the time of filing Form I-485.
Meeting the eligibility criteria for an immigrant visa.
Having an immigrant visa available at the time of filing Form I-485.
Being in legal status at the time of filing the I-485 adjustment application
Having a valid relationship with the family member who filed Form I-130, Petition for Alien Relative on your behalf.
Not being subject to any applicable bars to adjustment of status.
Being admissible for lawful permanent residence in the US or being eligible for a waiver of inadmissibility or another form of relief.
Demonstrating that, according to USCIS guidelines, the positive factors in your case outweigh any negative factors.
To navigate the application process successfully and ensure your eligibility, it is recommended to consult with our knowledgeable family immigration attorneys at Dalbir Singh & Associates, P.C. We can provide comprehensive guidance based on your specific circumstances.
If your child turns 21 after you file the petition, the Child Status Protection Act may allow them to still qualify for immigration benefits under certain circumstances. It is recommended to seek the guidance of a knowledgeable family immigration lawyer who can provide more information and assist you with the process to ensure the best possible outcome for your child.
Since you married your spouse while your employment-based permanent residency petition was pending, you do not need to file a separate petition for your spouse. Once you obtain your permanent residence, you can file Form I-824 with the USCIS to request that they notify the US Consulate in your spouse's country. This notification will enable your spouse to apply for an immigrant visa and join you in the US.
Dalbir Singh & Associates, P.C. specializes in various areas of immigration law, including:
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✔️ Learn more about your Form I-864, Affidavit of Support, responsibilities:
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