The immigration system of the United States is largely based on family unification. As such, U.S. citizens and lawful permanent residents may petition for certain family members in order to obtain lawful status for their loved ones. As a general matter, U.S. citizens can petition on behalf of their spouses, fiancés(ées), parents, married and unmarried minor and adult children, and siblings. Additionally, “green card” holders can petition on behalf of their spouses, and unmarried minor and adult children.
Establishing the requisite family relationship is the first step. However, a determination must also be made as to the proper procedure to follow in the application process. The facts applicable to the beneficiary will largely determine if he can apply for immigration relief in the United States through a process called adjustment of status, or if he will have to travel to his country of birth through a process called consular processing. Further, the wait times for the processing of petitions vary depending on the family relationship and on the country of origin of the beneficiary. Additionally, a determination must be made if the immigration or criminal history of the beneficiary, and in some cases the petitioner, warrant that an investigation first be conducted, or if a motion to reopen an immigration court case is required.
The attorneys of the Franco Law Group are available to discuss your family petition case and to assist in determining whether adjustment of status or consular processing is the appropriate course of action for you. Our attorneys will also help you determine if a formal investigation should first be conducted or if a motion to reopen must first be filed with the Immigration Court. Contact us today to schedule an appointment with one of our attorneys.