Family Immigration Lawyer in New York

At Hemrick O’Malley PLLC our mission is to keep families close. As an award-winning immigration firm in New York, we guide you through the maze of immigration processes with professionalism and care. We are especially passionate about family immigration and work tirelessly on your behalf to find the best option to achieve a resolution.

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 Filed by U.S. Citizens

Fiancée Visas

A U.S. Citizen may sponsor his or her fiancée, and the fiancée’s unmarried children under 21, 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, then apply for a green card through adjustment of status.

I-130 Petitions

A U.S. Citizen may sponsor his or 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.

Green Card Holders

• Spouse (husband or wife)
• Unmarried children under 21
• Unmarried son or daughter of any age

Refugees and Asylees

• Spouse
• Child (unmarried and under 21 when you first applied for asylum or refugee status)

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 you understand the process and review your applications.

Consular Processing Immigrant Visa

If you are outside the U.S., consular processing is available for family-preference immigrants. Our firm walks you through the application, interview preparation, and the full process. Upon entering the U.S. on an immigrant visa, a person will be a permanent resident of the United States.

Waivers of Inadmissibility

Waivers are available to overcome prior conduct that would make an applicant ineligible for a green card. Common reasons for inadmissibility include criminal convictions, prior fraud or misrepresentation, unlawful entry, overstaying, or prior deportation.

I-212

Used to request forgiveness for a prior removal or deportation. Applicants must be the spouse or son or daughter of a U.S. citizen or lawful permanent resident and must establish that refusal would result in extreme hardship.

I-601

Used to request forgiveness for fraud, misrepresentations, and crimes involving moral turpitude. The applicant must prove extreme hardship to a U.S. Citizen or Permanent Resident spouse or parent.

I-601A Provisional Waivers

Used to forgive anticipated unlawful presence for beneficiaries of an approved I-130 who are not eligible to adjust status in the United States. The applicant must prove a U.S. Citizen or Lawful Permanent Resident spouse or parent would suffer extreme hardship.

I-751 Removal of Conditions

Persons who obtained green cards through marriage when married for less than two years receive conditional resident cards that expire after two years. These conditional residents must apply to remove conditions within 90 days of expiration. Joint filing waivers are available if the marriage was entered in good faith but later terminated, if the petitioning spouse died, or if the petitioning spouse subjected the conditional resident to battery or extreme cruelty.