There are 6 categories of family-based immigration. The most common category comprises immediate relatives of U.S. Citizens. Immediate relative includes spouses and children under 21 years of age as well as parents of a U.S. Citizen child who is at least 21 years of age. As an immediate relative, the immigrant family member is not subject to a visa number and could immediately apply for permanent residence in most cases.
All other family members are subject to visa numbers, including unmarried children over the age of 21 of U.S. Citizens, spouses and minor children of lawful permanent residents, unmarried children over the age of 21 of lawful permanent residents, married children of U.S. Citizens and siblings of U.S. citizens. Visa number availability is based upon the country of the foreign national as well as the date the family petition is filed with U.S. Citizenship and Immigration Services (USCIS).
Currently, visa numbers are backlogged from 4 years (spouses and minor children of lawful permanent residents) to 23 years (for siblings of U.S. Citizens who are nationals of the Philippines). In order for immediate relatives to apply for permanent residence, the foreign nationals must have entered the U.S. lawfully, be grandfathered under Section 245(i) of the Immigration and Nationality Act or apply for immigrant visas at the U.S. Consulate in their home countries.
For the other 5 categories, the foreign national must have entered the U.S. lawfully and continue to maintain their lawful status upon the availability of the visa number in order to apply for permanent residence in the U.S., be grandfathered under Section 245(i) of the Immigration and Nationality Act or wait outside the U.S. until they qualify to apply for an immigrant visa.
Immigration law is complex – and getting more so. Much of an immigration attorney’s work is associated with anticipating legal issues, solving legal and pragmatic problems, avoiding delay, and resolving legal complications.
Moreover, strategy is important. When you hire an immigration lawyer, you benefit from the years of experience, legal training, continuing education, and personal and professional relationships of that attorney with the government officers.
Chances are good that the people, plans, and future opportunities that are depending on the outcome of your immigration case deserve good legal representation. Limiting yourself to odds of success of “one in three” is not acceptable.
Becker & Associates, P. A. is a full service immigration law firm — Immigration is what we do. Which means you are choosing a law firm that is specialized to address all of your immigration needs.
What’s more, we will not take your case — or your money — if we genuinely do not believe that we can help you. Our dedicated attorneys are diligent and ethical and known for getting the kind of results that others have not.
The attorneys at Becker & Associates, P.A. are recognized by the most prestigious legal organizations in America. However, the kind of recognition we seek daily is that given to us by satisfied clients, whom we have treated fairly and ethically and for whom we have achieved outstanding results. Excellence is our standard — success is our tradition.
Do not entrust your immigration issues to lesser counsel. Contact us today to see if we can make a difference. Your initial consultation is free.
Amazing, reliable lawyer referred to us by AILA. I had several lawyer candidates in my mind, but I decided to go with Brian after I visited his website and met him in person. He has tons of experience, a warm heart and a sense of humor!
Becker & Associates are truly brilliant, professional, polite and kind. You cant go wrong using them! I cant recommend Becker & Associates enough to other people. Great value for money too.
A great attorney with a great staff! Atty Becker, and his staff made us welcome and clearly relayed our options professionally, courteously and thoroughly from day one. My family and I \ truly feel we have made a great choice by retaining him, his staff and his services.