A person may attain immigration benefits from a relative if that person is an “immediate relative” or qualifies for “preference immigrant” benefits. The benefit of being an immediate relative is that there is no cap on the number of visas available each year. Preference petitions, on the other hand, are part of a quota system and will often experience significant backlogs.
Immediate relatives are children, spouses, and parents of a US citizen. If applying for a parent, the US citizen son or daughter must be at least 21 years-old. If applying for a child, the child must be under 21 years of age and unmarried. There are various definitions of children according to the immigration law.
The Family Based Quota System
A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States or a relative who is a lawful permanent resident, you must go through a multi-step process.
There are four preferences and those who receive derivative benefits. The benefits and relationships are as follows:
* First Preference: Unmarried sons or daughters of US citizens who are 21 years or older;
* Second Preference: Spouse or children of a permanent resident or unmarried sons or daughters of a permanent resident;
* Third Preference: Married sons or daughters of citizens of the US; and,
* Fourth Preference: Brothers or sisters of citizens of the US who are 21 years or older.
There is no category for married sons or daughters of permanent residents.
Derivative Relative Relationships
A derivative relationship refers to spouses and children of individuals who fall within one of the four preference categories. A derivative relationship beneficiary must apply at the same time as the qualifying relative.
Determination of a Qualifying Family Relationship
Whether the law considers a person to be a child, parent, or spouse for immigration purposes requires a review of each person’s circumstances. In addition, there are several categories that are dependent on more than just a family relationship. To illustrate, widows, orphaned and adopted children, and battered dependents require proof of more than just a qualifying family relationship. Please contact Wilson Law Group for a consultation to assess your particular situation.
There can be dramatic differences in the timelines based upon a foreign national’s country of citizenship. The current US policy is to allow the exact percentage of overall family-based immigrant numbers annually to come from each country regardless of size of the nation. In other words, the same percentage of people can come from India as from Japan, although far more people from certain countries apply for immigrant visas than others. This has resulted in a significant backlog (waiting times) for some countries. If there are no visa numbers available for your country of citizenship, you will have to wait for a visa number to become available. At present, foreign nationals who are most affected by visa number backlogs are individuals from India, China, Mexico, and the Philippines, depending on the particular category.
- Being an immigrant myself I decided to attend law school and become an attorney as a way to give back, inspire and motivate others to follow their American dream. I have a unique understanding of the trials and tribulation of the immigration process and try to translate that into a personal connection and exceptional service to my clients.
- Since U.S. immigration law is federal, I am legally authorized to represent clients who reside in states throughout the United States as well as around the world on these matters. I am fluent in Russian and Hebrew.
- I personally handle every important detail of your legal representation. Please keep in mind the every case is unique and that past results do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
- I utilize the latest in secure technology to effectively represent my clients no matter where they may reside. I respond to phone calls and emails throughout the day (and evening) and can engage in video conferences via Skype so that questions can be answered in face-to-face meetings regardless of where you are located.
- I am a member of the American Immigration Lawyers Association, the New York State Bar, and a graduate of Brooklyn Law School.
All of my clients receive my personalized attention consisting of the following services:
A responsive immigration lawyer
You will always have access to me personally via telephone and e-mail. This ensures that you get all your questions are answered to complete satisfaction from the moment your case is opened until your case is concluded.
Secure digital access to all of your immigration documents
Every single document you give to me along with all USCIS correspondence and receipts are digitally scanned and securely stored with our law firm as part of your case file. This has proven to be very convenient for my clients located throughout the United States and abroad who require instant access to critical documents before embassy interviews, USCIS appointments, and other important events.
Expert attorney preparation of your USCIS petition and consular forms
I personally prepare and review your petition and meticulously check it for accuracy and consistency with supporting documents. I try to make sure that everything is done right the first time, so that you avoid unnecessary delays and USCIS denials. I also help you gather and draft all required supporting documents, affidavits and letters, complete all USCIS forms, and submit everything in the most expeditious manner possible.
Preparation for the interview
I prepare you for the U.S. consulate or USCIS interview, going over the documents that you need to gather and take to the appointment.
Continued immigration support
My work does not end with the submission of your petition. I keep tabs on your case as it is being processed, keeping you up to date on its status. Upon request, I try to inform you when additional filings or actions must be taken and handle everything in the same professional and expeditious manner as before.
Call or email now for a free 10 minute legal consultation.
Full Representation For I-130 Petition for Alien Relative legal fee is $1000.
The USCIS government filing fee for Form I-130 is $535.
Full Representation For Concurrent I-130 Petition for Alien Relative and I-485 Adjustment of Status is $2500.
The USCIS government filing fee for Form I-130 is $535 and I-485 is $1140 and an addition biometrics service fee of $85 is required for applicants 14 to 78.
Full Representation For I-485 Adjustment of Status or Register Permanent Residence is $1500.
My services include expert preparation and expedited submission of your USCIS petition and all required documents; consultations via telephone & e-mail or Skype; constant updates on the status of your case; timely notification of changes in immigration laws and procedures; Preparation tips and advice for the interview
Petition for a Relative I-130/I-485 Documents Review
Petition for immediate relative:
- Eligibility Review and Process discussion.
- Children, Spouse or Parent of US Citizen.
- Attorney review of I-130 and supporting documents.
- Attorney review of I-485 and Affidavit of Support.
- Instructions and Checklists and Sample Cover Letter.
- Step by step easy-to-follow instructions for how to file your petition
- Up 2 hours direct attorney communication by phone, video or in person.
- What to expect next and more…