At Hemrick O’Malley PLLC our mission is to keep families close by. As an award-winning immigration firm in New York, we truly care to guide you through the maze of immigration processes with professionalism.
We are especially passionate about family immigration and work tirelessly on your behalf to find the best option to achieve a resolution. As trusted family immigration lawyers in New York, we understand the importance of keeping families together and navigating the complexities of U.S. immigration laws. Whether you’re petitioning for relatives or adjusting status, our experienced immigration attorneys ensure your loved ones are by your side.
What is Family Immigration?
Family immigration allows U.S. citizens, Green Card holders, and refugees to sponsor family members to join them in the United States.
Who Can Sponsor Family Members?
- U.S. Citizens: May sponsor spouses, children (including adult children), parents, and siblings for permanent residency.
- Green Card Holders: May sponsor spouses and unmarried children of any age.
- Refugees and Asylees: May sponsor spouses and children (unmarried and under 21 at the time of applying).
Petitions for Relatives are filled by the U.S. Citizens
- Fiancée visas : A U.S. Citizen may sponsor his/her fiancée, and the fiancée’s unmarried children under 21 years of age, to obtain a K-1 visa (K-2 for children) to enter the United States prior to marriage. People who enter on fiancée visas must be legally free to marry and must marry within 90 days to remain in the U.S. lawfully; and must apply for a green card through adjustment of status.
- I-130 Petitions: A U.S. Citizen may sponsor his/her spouse, parents, children, adult sons and daughters and siblings for permanent residence.
Lawful Permanent Residents may also file I-130 Petitions for their spouses, children and adult sons and daughters.
A Permanent resident
Green Card holders are able to apply for their immediate family as below:
- Spouse (husband or wife)
- Unmarried children under 21
- Unmarried son or daughter of any age
Refugees and Asylees could petition for the following family members:
- Spouse
- Child (unmarried and under 21 when you first applied for asylum or refugee status)
When looking for the right family immigration lawyer near you, choosing one who will guide you through every step with care and professionalism is important.
Understanding U.S. immigration law can be complex, especially when seeking a Green Card through family relationships. Feel free to reach out to us for expert guidance. We are a compassionate immigration firm in Manhattan, New York and we’ll stand for and with your family.
Adjustment of Status Applications
These are applications for a green card filed within the United States. In the family-based context, Adjustment of Status Applications are filed based on an approved, pending, or simultaneously filed I-130 Petition for Alien Relative. Our family immigration lawyers will help to understand the process and review your applications with you.
- Grandfathering under INA Sec. 245(i) or the LIFE Act: Most persons must have been inspected and admitted (came with a U.S. visa) to the U.S. to be eligible to adjust status and must be in status – meaning that their authorized stay in the United States is still valid in order to adjust status in the United States (unless married to a U.S. Citizen or if you are the parent of a U.S. Citizen who filed an I-130 Petition for you). One exception to this if the applicant was the direct beneficiary or derivative (spouse or child) beneficiary of an I-130, I-140, I-360 or I-526 Petition or Labor Certification that was filed on or before April 30, 2001. The Petition or Labor Certification must have been properly filed and approvable when filed.
If you are already in the United States, you can apply for permanent resident status without leaving the country. This is often a preferred route for those who want to avoid returning to their home country for consular processing.
A skilled family immigration lawyer in New York can guide you through every step, ensuring a smooth path to your permanent residency.
Consular Processing Immigrant Visa
If you are outside the U.S., consular processing is available for family-preference immigrants. Our firm as your family immigration lawyer in New York walks you through the application, interview preparation and provide assistance through the whole process.
In the family immigration context, this is the process through which a person who is the beneficiary of an approved I-130 Petition for Alien Relative obtains an immigrant visa by attending an interview at a U.S. Embassy or Consulate abroad. Upon entering the U.S. on an immigrant visa, a person will be a permanent resident of the United States.
When managing the complex U.S. immigration law, having a knowledgeable family immigration lawyer near you is crucial.
Waivers of Inadmissibility
Waivers are available to overcome or “forgive” prior conduct that would make an applicant for adjustment of status or an immigrant visa not eligible for status as a green card holder. Common reasons for inadmissibility are criminal convictions, prior fraud or material misrepresentations of material fact, having entered the U.S. without inspection, having entered the U.S. with a crewman’s visa, having overstayed one’s time in the United States and then departed, or prior deportation or removal from the U.S. There are several ways to achieve this.
- I-212: This form is used to request forgiveness for a prior removal or deportation from the U.S. Applicants for permission to reapply for an immigrant visa after removal or deportation must be the spouse or son or daughter of a United States citizen or lawful permanent residence; and must establish that refusal would result in extreme hardship to his or her citizen or lawfully resident spouse or parent.
- I-601: This form is used to request forgiveness for fraud, misrepresentations and crimes involving moral turpitude. For fraud/misrepresentation waivers, the applicant must be the son, daughter or spouse of a U.S. Citizen or Lawful Permanent Resident and must prove the U.S. Citizen or Permanent Resident spouse or parent would suffer extreme hardship if the applicant’s admission is refused. For waivers of inadmissibility related to the commission of a crime of moral turpitude, the applicant may be the spouse, parent or son or daughter of a U.S. Citizen or Lawful Permanent Resident and must demonstrate extreme hardship to his or her U.S. Citizen or Permanent Resident spouse, parent or son or daughter.
With our dedicated family immigration lawyers in New York, you can confidently handle immigration matters according to U.S. immigration law.
- I-601A Provisional Waivers: This form is used to forgive anticipated/future unlawful presence where the beneficiary of an approved I-130 Petition for Alien relative is not eligible to adjust status in the United States. A person may be ineligible to adjust status in the United States if he or she entered the United States without inspection, was last admitted as a crewmember or is the beneficiary of a family preference category I-130 Petition (such as a parent or permanent resident spouse) and has overstayed his or her time in the U.S. To qualify for a provisional waiver, the applicant must prove he or she has a spouse or parent who is a U.S. Citizen or Lawful Permanent Resident who would suffer extreme hardship if the applicant is refused admission to the United States.
- I-751 Removal of Conditions: Persons who obtained green cards through marriage when they were married for less than two years will get conditional resident cards that expire after two years. These conditional residents must apply to remove the conditions on their residence status within 90 days of the expiration of their conditional resident cards. If the conditional resident cannot file the I-751 Petition jointly with his or her spouse, they may request a waiver of the joint filing requirement if they entered marriage in good faith, but the marriage was terminated through divorce, or if the petitioning spouse died or if the petitioning spouse subjected the conditional resident to battery or extreme cruelty.
No matter your situation, having a family immigration lawyer in New York by your side can provide clarity and ensure a smoother application process.
We are committed to providing personalized service to help you and your loved ones achieve your immigration goals.