Family-Based Immigration

What is it? 

Family-Based immigration means immigrating to the US based on a relationship with a US citizen or permanent resident (green card holder). This is one way noncitizens can change their status and get a green card. There are a number of steps are involved in this process. The first step is the US citizen or permanent resident family member files an application for the noncitizen.

Common Categories

Petitions for immediate relatives of US citizens. This includes spouse, unmarried children under 21, and parents.

Petitions for other relatives.

How can we help?

Powers Law Group has personal experience through family-based immigration and this helps provide a greater level of service for our clients.  The firm has dedicated a lot of its focus to family-based immigration and has had a very high success rate for related petitions. Furthermore, the firm has experience with consular processing in many countries as well as substantial knowledge of and success with inadmissibility waivers which are often associated with family-based petitions.

Call Powers Law Group, P.C. at (713) 589-2085 or write Ruby@RubyPowersLaw.com for assistance today.

Success Stories

  • I-485 September 2017: Approved after K1 visa denial and I-601 waiver approval.
  • F4 visa August 2017: Approved for entire family after many years of retrogression
  • U-visa August 2017: Approved after 3 years
  • Immigrant visa August 2017: Approved in El Salvador after embassy holding case for administrative review for 2 months
  • I-601A Expanded Provisional Waiver June 2017: Approved for client from Mexico married to a U.S. Citizen
  • I-601A Expanded Provisional Waiver approved – May 2017: Mother and daughter from Peru
  • Successful consular interviews – May 2017: one in Guatemala, two in Mexico
  • I-751: approved in five months without request for evidence- May 2017
  • Marriage-Based Adjustment of Status – June 2014: Same-sex married couple approved at interview!
  • Marriage-Based Adjustment of Status  January 2014: Client approved at interview!
  • Marriage-Based Adjustment of Status – December 2013: Client approved at interview!
  • I-130 (Sibling of USC) Reopened and approved – October 2013 – Client filed petition in 2003, never received an approval and petition was closed without notification. Once hired, we followed up on the case multiple times to not lose priority date. After several months we were able to get the I-130 reopened. It was approved days later.
  • I-751 Approval in record time – July 2013 – Approved in under five months, no Interview or RFE
  • Marriage-based Adjustment of Status with I-601 waiver for Fraud/Misrepresentation – July 2013 – Approval at interview in three months!
  • Adjustment of Status – March 2013 – Success for a client from India with a case approved within three months!
  • Marriage based Adjustment of Status – Venezuela – March 2013- Success for a client from Venezuela requiring a joint sponsor approved within two and a half months!
  • Consular Processing – Immediate Relative – Rio de Janiero, Brazil – January 2013- Firm assisted US citizen in obtaining immediate relative visa for his Brazilian wife – In six months, we went from I-130 to visa appointment approval!
  • Consular Processing – Immediate Relative – Bogota, Colombia – Firm assisted a US citizen in obtaining immediate relative visa for his Colombian wife.
  • I-130 Petition for Alien Relative – July 2, 2012 – Firm received approval in less than two weeks for a US citizen abd his Brazilian wife living in Brazil.
  • Consular Processing – Immediate Relative – Moscow, Russia – Firm assisted a US citizen in obtaining immediate relative visa for her Russian husband.
  • Consular Processing – Immediate Relative – Guangzhou, China – Firm assisted a US citizen in obtaining immediate relative visa for his Chinese wife after failed pro se attempt at the fiancee visa.
  • Marriage-Based Adjustment of Status – Successful Response to USCIS Marriage Fraud Claim – Clients who had filed all their paperwork for the fiance visa up until the marriage-based adjustment interview on their own, hired the Firm to respond to allegations to marriage fraud that resulted at the interview level.  With dedicated precision, the Firm was able to respond with a legal brief and supporting documentation within less than 30 days, which resulted in an approved legal permanency residency.
  • Pro Bono – Marriage-Based Adjustment of Status – San Antonio, TX – Clients had been missionaries for over 40 years and the Firm assisted with the entire successful marriage-based adjustment of status process on a pro bono basis.
  • Marriage-Based Adjustment of Status – Houston, TX – Clients attempted to file immigration paperwork on their own not knowing the consequences of travel and other actions with a pending immigration case.  With their financial livelihood at stake, the Firm was able to assist the clients in a successful legal permanent residency case before clients had to sacrifice their employment.
  • Fiance Visa – Brazil – The Firm successfully assisted clients through the entire F-1 visa and adjustment of status process.  The I-129F Petition for Alien Fiance was approved in a record 2 months and the clients did not have to attend an adjustment of status interview due to the Firm’s successful documentation of the clients’ marriage and relationship.
  • Pro Bono – Immediate Relative – Consular Processing – Accra, Ghana – The Firm assisted clients, a minister’s family, throughout the consular processing of an immediate relative through Accra, Ghana.  Although the case was delayed due to long waits for interview scheduling in the US Consulate, the Firm regularly followed up with advocacy until the case was approved.  Clients are now living together after one and a half years apart.
    • I-485 September 2017: Approved after K1 visa denial and I-601 waiver approval.
    • F4 visa August 2017: Approved for entire family after many years of retrogression
    • U-visa August 2017: Approved after 3 years
    • Immigrant visa August 2017: Approved in El Salvador after embassy holding case for administrative review for 2 months
    • I-601A Expanded Provisional Waiver June 2017: Approved for client from Mexico married to a U.S. Citizen
    • I-601A Expanded Provisional Waiver approved – May 2017: Mother and daughter from Peru
    • Successful consular interviews – May 2017: one in Guatemala, two in Mexico
    • I-751: approved in five months without request for evidence- May 2017
    • Marriage-Based Adjustment of Status – June 2014: Same-sex married couple approved at interview!
    • Marriage-Based Adjustment of Status  January 2014: Client approved at interview!
    • Marriage-Based Adjustment of Status – December 2013: Client approved at interview!
    • I-130 (Sibling of USC) Reopened and approved – October 2013 – Client filed petition in 2003, never received an approval and petition was closed without notification. Once hired, we followed up on the case multiple times to not lose priority date. After several months we were able to get the I-130 reopened. It was approved days later.
    • I-751 Approval in record time – July 2013 – Approved in under five months, no Interview or RFE
    • Marriage-based Adjustment of Status with I-601 waiver for Fraud/Misrepresentation – July 2013 – Approval at interview in three months!
    • Adjustment of Status – March 2013 – Success for a client from India with a case approved within three months!
    • Marriage based Adjustment of Status – Venezuela – March 2013- Success for a client from Venezuela requiring a joint sponsor approved within two and a half months!
    • Consular Processing – Immediate Relative – Rio de Janiero, Brazil – January 2013- Firm assisted US citizen in obtaining immediate relative visa for his Brazilian wife – In six months, we went from I-130 to visa appointment approval!
    • Consular Processing – Immediate Relative – Bogota, Colombia – Firm assisted a US citizen in obtaining immediate relative visa for his Colombian wife.
    • I-130 Petition for Alien Relative – July 2, 2012 – Firm received approval in less than two weeks for a US citizen abd his Brazilian wife living in Brazil.
    • Consular Processing – Immediate Relative – Moscow, Russia – Firm assisted a US citizen in obtaining immediate relative visa for her Russian husband.
    • Consular Processing – Immediate Relative – Guangzhou, China – Firm assisted a US citizen in obtaining immediate relative visa for his Chinese wife after failed pro se attempt at the fiancee visa.
    • Marriage-Based Adjustment of Status – Successful Response to USCIS Marriage Fraud Claim – Clients who had filed all their paperwork for the fiance visa up until the marriage-based adjustment interview on their own, hired the Firm to respond to allegations to marriage fraud that resulted at the interview level.  With dedicated precision, the Firm was able to respond with a legal brief and supporting documentation within less than 30 days, which resulted in an approved legal permanency residency.
    • Pro Bono – Marriage-Based Adjustment of Status – San Antonio, TX – Clients had been missionaries for over 40 years and the Firm assisted with the entire successful marriage-based adjustment of status process on a pro bono basis.
    • Marriage-Based Adjustment of Status – Houston, TX – Clients attempted to file immigration paperwork on their own not knowing the consequences of travel and other actions with a pending immigration case.  With their financial livelihood at stake, the Firm was able to assist the clients in a successful legal permanent residency case before clients had to sacrifice their employment.
    • Fiance Visa – Brazil – The Firm successfully assisted clients through the entire F-1 visa and adjustment of status process.  The I-129F Petition for Alien Fiance was approved in a record 2 months and the clients did not have to attend an adjustment of status interview due to the Firm’s successful documentation of the clients’ marriage and relationship.
    • Pro Bono – Immediate Relative – Consular Processing – Accra, Ghana – The Firm assisted clients, a minister’s family, throughout the consular processing of an immediate relative through Accra, Ghana.  Although the case was delayed due to long waits for interview scheduling in the US Consulate, the Firm regularly followed up with advocacy until the case was approved.  Clients are now living together after one and a half years apart.

Immediate Relatives of US Citizens

Immigration law allows U.S. citizens to petition for certain qualified relatives to come and live permanently in the United States. Eligible immediate relatives include the U.S. citizen’s: spouse, unmarried child under the age of 21, or parent (if the U.S. citizen is over 21)

Immediate relatives have special immigration priority and do not have to wait in line for a visa number because there are an unlimited number of visas for their particular categories.

Read more about immediate relative of a U.S. citizen on the USCIS website.

Adjustment of Status for Immediate Relatives

Certain immediate relatives of US citizens are eligible to apply for a green card (permanent residence) while inside the United States. These relatives are allowed to file an Application to Register Permanent Residence or Adjust Status in order to become a permanent resident while their U.S. citizen petitioner files the Petition for Alien Relative.

Learn more here.

To determine whether you could qualify to apply for this benefit, please contact us to schedule a consultation appointment. Call us at 713-589-2085

Petitions for Fiance(e)s – K-1 Visa

Click here to learn more

Marriage-Based Immigration – New Marriage

If your marriage was less than 2 years old on the day you received permenant resident status, you are given conditional resident status.Your status is described as “conditional” because you must prove that you did not get married to evade the immigration laws of the United States. After 1 years, you will need to apply for Removal of Conditions.

Our firm has experience applying for Removal of Conditions for spouses and would be happy to help you. Contact the firm to learn more.

Adopted Children

Adopting a child from another country is often a difficult, complex and lengthy process. Depending on whether you want to adopt a child from a country belonging to The Hague Convention or not, Powers Law Group P.C. will explain the process to you in detail and help you make the correct decision.

 Please contact us today for a consultation appointment.

 

Petitions for Other Relatives

If your relationship does not qualify you as an immediate relative of a U.S. citizen, then you may be in what is called a “family preference category.”

Eligible relatives of US citizens include: unmarried sons or daughters over the age of 21, married child(ren) of any age, brothers and sisters (if the U.S. citizen petitioner is over the age of 21)

Conversely, a permanent resident may petition for his/her spouse and unmarried child(ren) of any age to immigrate to the United States. Permanent Residents CANNOT petition for married children, siblings or parents.

How long do we have to wait?

Depending on the family preference category, check the Department of State’s Visa Bulletin.

A common category is family member of a legal permanent resident (green card holder), this includes spouses and unmarried children of the sponsoring green card holder.

Other special categories include: battered spouse or child (VAWA), a K nonimmigrant, a person born to a foreign diplomat in the United States, a V nonimmigrant or a widow(er) of a U.S. Citizen

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