The Law Office of Cheryl David has extensive experience with a wide range of family immigration matters, including Adjustment of Status, Fiance Visa’s, Consular Processing, Conditional Residence, I 765 Work Authorization, Travel Documents, 601-A Waivers, 3-10 Year Bar, and Green Cards. We focus on achieving the best possible result in every case. We handle straightforward family immigration applications to complicated cases. Our attorneys have educated the legal community and the public at large on many family immigration issues.
Some people in the United States can petition for relatives or future relatives, such as a fiancé(e) or a prospective adopted child, to immigrate to the United States.
Your status determines which relatives or future relatives may be eligible to immigrate. In order to sponsor a family member, you must be a:
- U.S. citizen,
- Green card holder (permanent resident), or a
- Refugee or asylee admitted within the past 2 years
To petition for a family member to receive a green card you file a Form I-130, Petition for Alien Relative. This form defines the family relationship that exists between you and your relative. For immediate relatives of U.S. citizens, visas are unlimited so are always available. Visas for some other categories of relatives are limited and there may be a much longer wait. Preference categories apply to family members who are not immediate relatives. A visa becomes available to a preference category based on the priority date which relates to the date the Form I-130 was filed. Preference categories are grouped generally as follows:
- First preference: Unmarried, adult sons and daughters of U.S. citizens.
- Second Preference: Spouses and unmarried children of green card holders andunmarried adult sons and daughters
- Third Preference: Married sons and daughters of U.S. citizens
- Fourth Preference: Brothers and sisters of adult U.S. citizens
If your relative is already in the United States, he or she may apply to adjust status to become a green card holder after a visa number becomes available by submitting Form I-485. If your relative is outside of the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available for Consular Processing. Your family member’s preference category will determine how long he or she will have to wait for an immigrant visa number.
If you have been married for less than two years when you receive your marriage- based green card, you must file to remove conditional status within 90 days of the expiration. You will need to demonstrate that you are in a legitimate marriage to do so. However, if you find yourself in a situation where the marriage is not going as planned and divorce is on the horizon, we can assist you with conditional residence as well.
Contact Our New York City Immigration Lawyers
Our law firm can explain all the opportunities and risks associated with consular processing, and help you through the entire procedure, moreover, discuss whether this is a good option. For an initial consultation with a skilled immigration lawyer, contact the Law Office of Cheryl R. David in New York.