The partners at Durkin & Puri devote a good part of their practice to helping reunite families and keeping families together. Family based immigration is one of the primary ways that people can become green card holders either through immigrating from abroad after consular processing or adjusting status in the United States. Our firm can guide you through this process and we will answer your important questions such as:
- As a U.S. citizen, which family members can I sponsor and how long will it take?
- Do I need to earn a certain amount of money to be able to sponsor my relative?
- If I've overstayed my visitor visa can my family member file for me?
- I recently became a green card holder. Can I file a petition for my adult daughter?
- I've been arrested. Will that prevent me from getting my green card through my wife's petition for me?
- Can my stepmother file a petition for me?
- Can my relative file an immigrant petition for me while at the same time I file to adjust my status?
Durkin & Puri handles all types of family based immigration cases, but we specialize in complex cases involving beneficiaries who have criminal backgrounds, prior immigration fraud, deportation orders, or other factors that will complicate the process of becoming a permanent resident. Our firm will also give you honest advice if you do not appear to qualify to become a permanent resident. We do not accept cases simply to make money; therefore we will not accept your case if we do not believe that you have a strong chance of overcoming the complicated issues of your case and being granted permanent residence.
Family based immigration cases can be broken down into two main parts. First
, the family member who is a green card holder or U.S. citizen must file an immigrant relative petition on behalf of the beneficiary.This involves:
- Establishing that the petitioner is a permanent resident or U.S. citizen, and
- Demonstrating the qualifying relationship to the beneficiary
, once the petition is approved, the beneficiary must show that he or she is not subject to any grounds of inadmissibility that would prevent permanent residence from being granted. Grounds of inadmissibility include: having committed fraud to obtain an immigration benefit; prior deportation; certain criminal convictions; and certain medical conditions among many others. Some of the ways that U.S. Citizenship & Immigration Services or the Department of State (if you are applying for an immigrant visa in your home country) determines if any grounds of inadmissibility apply include:
- Requiring the petitioner to submit an Affidavit of Support to show that they have income and/or assets sufficient to ensure that the beneficiary will not become a public charge
- Requiring the beneficiary to undergo a medical exam to determine whether s/he has any communicable diseases
- Requiring the beneficiary to submit to fingerprinting and background checks to determine whether s/he has any criminal convictions
Even if a beneficiary appears to be inadmissible, our firm will evaluate whether the beneficiary qualifies for any waivers of the ground(s) of inadmissibility and, if so, assist with the involved process of preparing a detailed, well-documented waiver application.
For more information or to schedule a consultation with Durkin & Puri contact us