Family Visas

 

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The Process

ASL Interpretation

 

ILOHB has a long history representing and assisting Deaf clients, our in-house ASL interpreters assist you from beginning to end. Early in our trajectory we realized that Deaf immigrants face unparalleled hardship, adding lack of access to communication to the already vast list of disadvantages. For that reason and many others, we have invested years of training and practice to learn how to communicate with Deaf clients, leaving no question unanswered.

Family Petition

America cherishes families and that is reflected in our immigration laws. The United State immigration laws allow for certain family relationships to petition other family members.

Wait times vary.

  • The process may vary for everyone depending on their entry into the country or if they are outside of the country.
  • Every family petition requires a U.S. citizen or a green card holder file an I-130.
  • Not all green card holders can petition family members.
 

Adjustment of Status

Adjustment of status allows for an individual who is inside the country with a current I-130 visa petition (see visa bulletin) to apply to USCIS for an adjustment to a green card.

 

Waivers

Waivers are petitions to waive grounds of inadmissibility.

Common grounds of inadmissibility include:

  • Unlawful presence bars, if an individual lived in the U.S. undocumented for extended periods of time
  • If an individual has criminal backgrounds
  • Waivers can be filed at different stages of a green card process.
  • To determine what stage of the process a waiver is available, an experienced immigration attorney must analyze the case.
  • If an individual has a disease which is considered communicable, and more

Consular Processing

Consular processing is used for an individual who is asking for entry into the U.S. as a green card holder because the family based visa is now available.

  • Consular processing requires that the green card applicant attend an interview with a consulate officer in the U.S. consulate in the home country.
  • These appointments are meant to determine whether an individual is admissible to the U.S.
  • Inadmissibility grounds vary and are usually triggered if an individual has immigration or criminal records.
 

Parole in Place

Parole in place is a program that was enacted during President Obama’s Administration that is meant to aid members of the armed services who have undocumented family members and are concerned for their well being. Parole in place allows the applicant to change their entry status from “without inspection” to “with inspection” which has the potential to change the eligibility of that person to obtain a green card.

For example, if an armed service member is a U.S. Citizen over twenty-one and his or her parent enter the country without permission, parole in place gives the parent entry with permission and now is eligible to apply for a green card through that U.S. citizen child and adjust inside the Unites States. This allows for a straightforward green card process with little risk of denial.

 

Removal of Condition

In a marriage-based visa situation where the applicant obtains a green card through a United States Citizen spouse, marriages between the applicant and the petitioner less than two years old at the time of the granting of the green card, will have a condition attached to that green card.

Twenty-one months after the grant of the green card, the conditional green card holder, must file to remove the conditions placed on the green card status by proving that the marriage that was considered valid by the USCIS remains valid after twenty-four months.

 

Renewal of Green Card

Today, a green card has a 10 year duration. Once it expires, that does not mean that the holder is no longer a lawful permanent resident, only the proof has expired. To renew the green card, the green card holder can file an I-90 renewal form, however at ILOHB we really wish that you consider naturalization.