Family Based Immigration

This article initially set out to compare the pros and cons of filing an Immigrant Petition for a foreign national spouse (Form I-130) versus a fiancé(e) visa (Form I-129F). However, while reviewing the estimated processing times on the USCIS website, the path is no longer clear.  In general, fiancé(e) visas had a shorter processing time,...

In June we reported that the Biden administration had announced a parole-in-place program to help unite families.  This new initiative aimed to benefit those married to a U.S. Citizen who had entered without admission or parole and had continuously resided in the U.S. for at least 10 years as of June 17, 2024. Although precise...

On June 17, the Biden administration unveiled a new initiative allowing certain spouses of U.S. citizens to apply for “parole-in-place” through the Department of Homeland Security (DHS).  Although marriage to a US Citizen allows a foreign national to obtain a green card, those without a legal entry are forced to leave the U.S. and return...

Consular Processing versus Adjustment of Status for Spouses For many foreign nationals married to U.S. citizens (USC) or lawful permanent residents (LPR), the ultimate goal is to obtain permanent residency in the United States. However, the process of achieving this status can vary significantly depending on whether the individual pursues Consular Processing or Adjustment of...

Family reunification is a core principle of the U.S. immigration system, allowing American citizens and lawful permanent residents (green card holders) to sponsor their close relatives for green cards. This process can be complex, with various visa categories and specific requirements. In this comprehensive guide, we’ll explore who can petition for family members, the different...

Securing a green card via a family sponsor entails the Petitioner, either a US Citizen or US Permanent Resident, initiating a petition for their spouse, parent, child/son/daughter, or sibling. This petition is filed using Form I-130, known as the Petition for Alien Relative. Regardless of the relationship basis for the petition, the following list highlights...

Background: Pre-2009 Policy Before 2009, the death of a petitioner or principal applicant during the application process could lead to the denial of the petition, resulting in an individual not being able to complete the processing of their green card application. However, in 2009, Congress introduced a rule allowing individuals to obtain immigration benefits even...

Bringing families together across international borders is a fundamental part of immigration policies. Family-based immigration not only unifies families but also contributes to cultural diversity and economic growth. Currently, there are various visa options that make this reunification possible. In this article, we explore the visa options and other key factors within family-based immigration, shedding...