Family-Based Immigration
Much of our work for family clients involves achieving entry, maintaining status, adjusting status, changing status, and finding the fastest and most effective ways to meet immediate or ongoing family immigration objectives.
One method of adjusting status and obtaining lawful permanent residency is through a qualifying relative who is either a United States citizen or a lawful permanent resident. United States citizens and lawful permanent residents can help their qualifying foreign relatives petition for lawful permanent residency in the United States and, eventually, even citizenship. There are different categories of New York family immigration. The category of foreign national falls upon two factors:
- Whether the petitioning relative is a U.S. citizen or lawful permanent resident;
- the foreign national relationship to the petitioning relative.
There are two categories of unlimited New York family-based immigration law:
- Immediate relatives of United States citizens
- An immediate relative of a lawful permanent resident. An immediate relative can be a spouse of a United States citizen, a widow of a United States citizen, an unmarried child under the age of 21 of a United States citizen, or a parent of an adult United States citizen. Whether the foreign national immediate relative is in the United States after being admitted and inspected, entered the United States without inspection, or lives abroad, we at The Law Office of Robert J. Maher, PC can offer solutions to unite or keep your family intact.
There are four preference categories for limited family-based immigration. The first preference category consists of unmarried children of United States citizens over 21. The second preference is divided into “2A” and “2B”. Spouses of lawful permanent residents and their unmarried children under the age of 21 fall into the “2A” category, whereas unmarried sons and daughters of lawful permanent residents over 21 fall into the “2B” category. The third preference consists of married children of United States citizens. The fourth preference category consists of siblings of adult United States citizens.
We at The Law Office of Robert J. Maher, PC, want to help you to understand your immigration rights and to assist you with petitioning for your family.
Family-Based Immigration FAQs
What two key factors determine the specific family-based immigration category for a foreign national?
At The Law Office of Robert J. Maher, PC, we understand that the specific category a foreign national falls into for family-based immigration is determined by two critical factors: first, whether the petitioning relative holds U.S. citizenship or is a lawful permanent resident (Green Card holder); and second, the precise nature of the foreign national’s relationship to that petitioning relative. These distinctions are fundamental to identifying the correct immigration pathway.
What defines the “unlimited” categories within New York family-based immigration law?
Our firm highlights that “unlimited” family-based immigration categories primarily apply to “Immediate Relatives of United States citizens.” This special classification includes a U.S. citizen’s spouse, their unmarried child under 21, a widow(er) of a U.S. citizen, or a parent of an adult U.S. citizen. These relationships benefit from not being subject to annual visa quotas, typically allowing for faster processing once eligibility is established.
How does The Law Office of Robert J. Maher, PC, assist immediate relatives of U.S. citizens, regardless of their current location or entry method?
We are dedicated to uniting and keeping families intact. For immediate relatives of U.S. citizens – whether they are already in the United States after lawful admission and inspection, entered without inspection, or currently reside abroad – our firm offers tailored solutions. We navigate complex scenarios to help these immediate relatives achieve or maintain status, or adjust to lawful permanent residency, aiming for the most effective path to family reunification.
Can you explain the different “preference categories” for limited family-based immigration?
The limited family-based immigration system is divided into four preference categories. The First Preference is for unmarried children of U.S. citizens who are over 21. The Second Preference is split: “2A” includes spouses of lawful permanent residents and their unmarried children under 21, while “2B” is for unmarried sons and daughters of lawful permanent residents who are over 21. The Third Preference category is for married children of U.S. citizens. Finally, the Fourth Preference is reserved for siblings of adult U.S. citizens. Each of these categories is subject to annual numerical limits.
What is the primary role of The Law Office of Robert J. Maher, PC, when assisting families with immigration?
Our primary role is to serve as your trusted legal guide throughout the family-based immigration journey. We are committed to helping you comprehensively understand your immigration rights and to diligently assist you with the intricate process of petitioning for your family members. From initial strategy to navigating complex procedures, we strive to find the fastest and most effective ways to meet your family’s immigration objectives.
Recognize yourself in he and she who are not like you and me.
Carlos Fuentes
Initial Consultation
We can answer many of your immigration questions in an initial consultation either by phone or in person.
We will help you assess your situation, identify the immigration issues, and provide information you need to make an informed decision.
