The Law Offices of Thomas J. Tarigo has extensive experience in family-based immigration in years of representing thousands of clients before U.S. Citizenship and Immigration Services and related agencies, such as the U.S. Department of State.
The most common method of immigrating to the United States is through family-sponsored immigration. U.S. immigration law permits U.S. citizens and permanent residents to apply for immigrant visas for certain family members (spouse, children, parents & siblings of U.S. citizens). The treatment of such family members varies by relation and the status of the petitioner. Fiancé visas are temporary, non-immigrant visas that allow an individual to travel to the U.S. for the purpose of marrying a U.S. citizen and then applying for permanent residence to permanently reside in the United States.
Hiring an attorney is more than simply filling out forms. We seek to ensure that prior immigration history is accounted for in the filing of all new applications and prepare for possible issues at the time of adjustment of status to that of a Lawful Permanent Resident.
Family-Based Immigration
A foreign citizen seeking to live permanently in the United States requires an immigrant visa (IV). To be eligible to apply for an IV, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or U.S. Lawful Permanent Resident (that is, a green-card holder).
There are two types of family-based immigrant visas:
(1) Immediate Relative – these visas are based on a close family relationship with a U.S. citizen, such as a spouse, child or parent. The number of immigrants in these categories is not limited each fiscal year.
(2) Family Preference – these visas are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). The number of immigrants in these categories is limited each fiscal year.
Keep in mind that U.S. citizens can file an immigrant visa petition for their:
- Spouse
- Son or daughter
- Parent
- Brother or sister
U.S. Lawful Permanent Residents can only file an immigrant visa petition for their:
- Spouse
- Unmarried son or daughter
Bars to Adjustment
You may be barred from adjusting status depending on how you entered the United States or if you committed a particular act or violation of immigration law. You are ineligible to apply for adjustment of status if one or more bars to adjustment listed in INA s. 245(c) apply to you.
- INA s. 245(i) and Waivers
Applying Under INA s. 245(i). You may be able to adjust status under INA 245(i) even if you are subject to one or more adjustment bars and are therefore ineligible for adjustment of status under INA s. 245(a).
If you are additionally inadmissible for unlawful presence or criminal grounds, the law may allow you to apply for a waiver of inadmissibility. Whether a waiver or other form of relief is available depends on the specific inadmissibility ground(s) that applies to you and the category you are adjusting under. Eligibility requirements for waivers and other forms of relief vary.
The Law Offices of Thomas J. Tarigo is dedicated to providing effective U.S. immigration solutions to both individuals and families worldwide. Contact us today for more information.