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Family Based Immigration Attorney in Buffalo, NY
Whether you are trying to enter the country temporarily or permanently, you are likely searching for ways to do so in a legal manner that won’t put you at risk of being deported. Our immigration attorney in Buffalo, NY is here to help you through whatever immigration needs you are looking for help with. Please call us today to set up a consultation to get started right away.
Obtaining Lawful Permanent Residency
If you are looking to lawfully reside in the United States permanently, one way to do so is through someone who you are related to that qualifies and is either a permanent resident or a citizen of the United States. Either way, they can help you petition to get permanent residency in the United States, which can eventually lead to you becoming a citizen. With family-based immigration, there are different categories. What category you are going to be in depends on the following factors:
- Whether your relative that is petitioning is a citizen in the US or a legal resident
- What your relation to the petitioner is
There are two types of unlimited family-based immigration. The first is if you are an immediate relative of a citizen of the United States or permanent resident here. If you are an immediate relative, that might mean you were married to someone who is a citizen of the United States or can mean you a widower of a US citizen, you have an unmarried child who is under the age of 21 who is a US citizen, or you are the parent of an adult US citizen. If you are returning to this country you will be considered a returning resident, if you’ve lived in the United States in the past and had legal permanent resident status and you have been abroad for over a year.
There are four categories for limited family-based immigration. The first one is unmarried children of US citizens over the age of 21. The next one is divided into two subsections: one, spouses of legal permanent residence or unmarried children under the age of 21 and two, the second one are unmarried children of legal permanent residence who are over the age of 21. The third group are married children of US citizens and the fourth one is siblings of adult US citizens.
You need to have at least two family members participate in family-based immigration. Those people are the petitioner and the beneficiary. The petitioner has to be a US citizen or a legal permanent resident who is going to sponsor a family member who lives out of the country for a green card. The beneficiary is the family member who lives out of the United States and wants the green card. In some cases there are derivative beneficiaries such as spouses and children who are attached to the person who is the original beneficiary.
Family Preference and Immediate Family
If you are going to go through family-based immigration, it’s going to end up in one of the two categories: immediate relatives or family preference. If you are a spouse, a parent or a child who is unmarried and under the age of 21 and you have a US citizen relative, you would be an immediate relative. In the United States, every single year, there are an unlimited number of these immigrant visas available for the immediate relatives of United States citizens. Any other relationships are considered family preferences. These immigrant visas are limited every year because the law puts a cap on how many green cards can be issued to family preference category immigrants. There are usually long lists for waiting and backlog for family preferences.
Applying for a Green Card
Most family-based immigration processes start with the petitioner who is going to be the lawful permanent resident or a United States citizen submitting a request to the government of the United States to let their family member immigrate into the country. You might be dealing with forms like I-130 or the “Petition for Alien Relative.” The USCIS is going to be handling this case. If you have the I-130 petition, it has the ability to establish that there is a family relationship that would qualify you for this.
Once your petition gets approved and you get a visa number, then you can apply for your green card. There are two ways to apply for the green card: the first is called consular processing and the second is an adjustment of status.
If you are getting consular processing, it means that you have to apply for a green card through the US Embassy or consular office in your home country. This is the most common method for getting a green card. You might be able to do that if you are already in the United States temporarily, say as a student, visitor, or tourist.
Get in touch with our immigration attorney in Buffalo, NY today for more information.
Getting an Adjustment of Status
If you are looking to get an adjustment of status, we highly recommend you call our immigration attorney in Buffalo, NY today to discuss this process. This process might be right for you if you are looking to obtain a green card while you are living in the United States without one. It can be complicated depending on your scenario, so we hope you reach out sooner rather than later as we are sure deportation is a fear that weighs heavy on your mind. It is also important for you to go through this process if you are someone who wants a green card and doesn’t want to have to go back to your home country to get one.
The Types of Family Based Immigration
If you want to stay in the United States for 90 days in order to get married and then apply eventually for a permanent residency or a green card, then you can try to get a K-1 fiancé visa. Your children can get a K-2 visa.
A K-3 visa means that you are married to a US citizen, you have a petition filed by your spouse who is a US citizen, or you want to come to the United States and get lawful permanent residency.
K-4 visas are for people who are under the age of 21 who are unmarried and are the children of a K-3 visa holder.
There are other types of visas that you could use if you are a spouse of a US citizen or a child of someone who entered the United States on a special visa. You could use an F1 or F2, depending on your situation. F1 visas are for students to enter the United States, while F2 visas are for the spouses and children of people who are in an academic program in the United States.
There are a variety of different types of visas for many different family situations. Whether you are married to or would like to be married to a US citizen or you are the child of a US citizen, we can help you figure out which visa is the best option for you.
Marrying a US Citizen
It is common knowledge that when you marry someone who is a citizen of the US you could get a green card. It may seem simple, but the process can be complicated and challenging. An example of that would be if you made errors on your fiancé petition and you thought that your application was not going to go through. We can help you fix these errors to make sure that things run smoothly and you have success.
Once you’ve been married, what you can do either in the States or abroad is go through a marriage interview with a United States citizenship and immigration services representative. The basis of the interview is to find out if you are marrying for a legitimate reason or just getting married so that someone can get a green card.
We can help you prepare for this marriage interview and get you ready so you feel confident and prepared. You just have to make sure you get a call into us to set up a consultation right away before you go through this process. We are here to help.
Call a Family Based Immigration Attorney in Buffalo, NY Today
If you are looking for help with your family-based immigration matters, please get in touch with our office today to set up your first consultation. Our immigration attorney in Buffalo, NY cares deeply about helping you get the results that you need.
Green Card Attorney in Buffalo, NY
If you are looking for help getting your green card or permanent residency card, our NY green card lawyer can help you. You deserve to have someone who cares about you working to help you during this transformative and exciting time. You probably have so many questions, and we can answer those for you during our first consultation. Call today to get started.
What is a Green Card?
If you want to be able to live or work in the United States permanently and legally, then a green card might be the right option for you. For those who would like to eventually go through the process of naturalization to become a citizen of the United States, having a green card is often a steppingstone. It’s an important step for you to go through in this process. Whether you are trying to get a green card for yourself or you would like to sponsor a family member, it’s important to have the right lawyer with you. Our immigration attorney in Buffalo, NY is here to help you through your immigration matters including the green card application process. Call us right away to get started.
Two Ways to Get Permanent Residency:
If you are looking to get permanent residency, which goes hand-in-hand with getting a green card, there are two ways to do it: you could have an adjustment of status or go through the consular process.
When you are trying to get permanent residency, you might be able to qualify for a green card interview in the United States as an immigrant. This is an option for those who want to change their status from an immigrant to a legal resident.
In order to be able to have an adjustment of status, you have to be in the United States and have been here legally. The interviews for adjustment of status happen at your local United States citizen and immigration services office.
It’s important to check with an immigration attorney in Buffalo, NY first to see which embassy offices are open if you would like to go through the consular process, as the rules for those interviews are prone to change.
Some immigrants who are not yet in the United States will go through the interview process in their home country, which is what consular processing is. It gets its name because you have to go through your consulate or the US Embassy in your own country in order to apply for permanent residency in the United States. If you are currently living outside of the United States, then this is the only way for you to be able to immigrate into the country. If, however, you live in the United States but don’t qualify for an adjustment of status, you might be able to go through the consular processing.
Are you Eligible for a Green Card?
Whether or not you are eligible for a green card is dependent on your family relationships or your immigration status, as well as your immigration history. There are many different ways in which you can apply for your green card, which include reasons such as family, work, special matters, asylum or refugee status, or being a victim of abuse or human trafficking.
Being a Sponsor for a Family Member
If you are here looking for information about how you can sponsor a family member as a US citizen, our immigration attorney in Buffalo, NY can help you. You would be able to sponsor a spouse, parent, or child who would be considered your immediate relatives. They have to have entered this country legally, regardless of whether or not they have overstayed their visa. You would immediately apply for an adjustment of status here and because, as immediate family, you would not be put on a wait list. If you are in the country, this can happen in well under six months.
If you are looking to sponsor your child who is over the age of 21 or your sibling and you are a US citizen, unfortunately there will be a wait list for your family member because these types of petitions are limited every year. If this person you would like to sponsor is already inside of the United States, they have to have come here legally and have an immigrant status in order to be eligible for you to sponsor them.
Our immigration attorney in Buffalo, NY can look to see if there are exceptions for you. Anyone who filed a petition with the USCIS or Department of Labor before April 30, 2001 might be eligible for an exception. Get in touch right away to find out whether or not the person you would like to sponsor qualifies to adjust their status and obtain permanent residency here. If this is an immediate relative and they are not in the United States illegally and they have not filed an application before the previously mentioned date, there is something called a provisional waiver that we might be able to help you with. Call to learn more.
Having Conditional Residency
A conditional residence might be necessary for you if you are in a marriage and have a marriage-based green card but are heading towards divorce and are worried. Please understand that, if the marriage is under two years, then you have to file to remove the condition within 90 days of this card being expired. Keep all of your documentation related to your marriage so you can prove at any time to immigration services that this is a legitimate marriage. If you are worried because this marriage is heading towards divorce, please call us right away.
Avoid Losing Your Status
You need to protect your status dearly. Be sure that you do not violate either the criminal or the immigration laws when you are in the United States. Your residency can be swiftly taken away from you if you do that. If you have any questions about this or concerns you’d like to discuss, our immigration attorney in Buffalo, NY is more than happy to talk to you.
Why You Should Hire a Lawyer
You might be wondering: Why is it beneficial for me to have a lawyer? For example, let’s say that you are a specialized employee and someone is really trying to get you to work for them. You might be able to qualify for several different types of visas and possibly different types of green cards, and it might be a challenge for you to know what the right decision is to make. Our immigration attorney in Buffalo, NY can help you understand what is going to suit your needs best.
Also, let’s say that you just got engaged to a US citizen and you plan to live with them in the States. You might not know what the right move to make is. If you get married before you move to the United States, you have an immediate right to a green card as opposed to going through the process of a fiancée visa, which allows you to come to the country and get married at a later date rather than going through the green card process through an adjustment of status. We can help you pick the best option for you that is faster and less expensive.
Fastest Green Card Option
One of the fastest ways to get permanent residency in the United States is something called an EB-1 green card. This is considered an employment-based green card and it is first preference. Every year 140,000 applicants get their green card through this process for employee-based reasons.
Whether you need to come to the United States for work or for family reasons, let us help you figure out your best move. EB-1 might be right for you if you can fall under the category of priority workers. Let us help you understand this process better during a first consultation.
Contact Our Green Card Attorney in Buffalo, NY for Help
If you need to know more about obtaining a green card or have questions about other immigration matters, please get in contact with our office right away. Don’t hesitate to reach out to our immigration attorney in Buffalo, NY for help today.
Deportation Attorney in Buffalo, NY
The fear of deportation can weigh heavy on your mind and affect the way you live your life on a daily basis. If you want to come up with a plan to avoid deportation, please get in contact with our immigration attorney in Buffalo, NY today. You deserve to have someone fight on your behalf to keep you in this country and let you continue living the life you’ve worked so hard to build in peace.
Our immigration attorney in Buffalo, NY, Ramon Irizarry, is dedicated to giving assistance to those who fear having to be removed from this country, away from the life they’ve worked so hard to build. He has proven success handling cases in which someone is facing deportation. If you are looking for someone who is passionate about helping their community, call our office today.
During a first consultation, you can learn what your rights are from our experienced lawyer. You surprisingly do have some rights in immigration court. The government has to show that you need to be removed because of a convincing and clear reason proven by unequivocal evidence and if we can poke a hole in that we can help keep you here.
If the government is successful in proving what they have to prove, then you can try with our help to apply for every possible avenue of relief from having to be removed from this country. Our options include having an adjustment of status, filing a waiver of inadmissibility and removability, attempting a cancellation of your removal, establishing asylum and more. You want a lawyer who handles this frequently and has the personalized and first-hand experience to successfully help you.
If your case gets denied by an immigration judge, then we will appeal within 30 days to the board of immigration appeals. If they deny your appeal, then you will be able to take this to the US federal court of appeals.
You can learn your options during a consultation.
Removal of Non-Lawful Permanent Residents
When we defend deportation movements, we can try to cancel a removal if you are a non-lawful permanent resident and can help you head on your way to getting a green card in the process.
There are four things that you need to prove in order for you to be able to cancel your removal and get a green card.
You must have already been in the United States for 10 years or longer and have been able to show that you are a person who has good moral character for the past 10 years, as well as showing you don’t have any disqualifications such as criminal convictions. You might also be able to show that you have a parent, child under 21 years old, or a spouse who is a United States citizen or a lawful permanent resident who would suffer “exceptional and extremely unusual hardship” if you were to be removed.
Cancellation of Removal
Our immigration attorney in Buffalo, NY can help you cancel your removal if you are a lawful permanent resident with a green card and you would like to stay in the United States. You do, however, have to prove five things in order for this cancellation of removal to be granted.
You need to show that you were a lawful permanent resident for at least five years or you have had continual residence in the United States for at least seven years. You also need to show you have never been convicted of an aggravated felony nor have you been granted a cancellation of removal ever before. It will be at the discretion of the immigration judge as to whether or not your case gets granted.
Waivers of Removal
Our immigration attorney in Buffalo, NY has had experience obtaining waivers of removal for clients in the past, which is a common ground of removability that shows that when you entered the United States, it was inadmissible.
Whether or not you are eligible for a waiver of removal depends on whether or not you can establish hardship for your close family members if you were to be taken out of the United States. If you are able to show that there would be extreme hardship to lawful permanent residence or United States citizens, such as a parent or a spouse, we could move forward with that approach.
If you were placed in a deportation proceeding before April 1, 1997, you could be eligible for a suspension of deportation. Depending on the three following conditions, you may be able to apply for permanent residency through your suspension of deportation:
- You have to have resided in the United States continuously for the last seven years with only short and innocent absences from the country.
- You also have to show that you have a good moral character
- You need to show if you were to leave it would cause extreme hardship to citizens or permanent residence of the United States
Our immigration attorney in Buffalo, NY can help you determine if you are eligible.
Getting an Adjustment of Status
We have been able to successfully save people from being deported by applying for an adjustment of status for them.
If you are someone who would be considered deportable but you are the parent spouse or child of a United States citizen, you might be eligible to adjust your status to a lawful permanent resident. There are a lot of different types of people who might be eligible for an adjustment of status under section 245i of the law, such as people who have a visa petition that was submitted on or before April 30 of 2001.
If you became a permanent resident after you were married or your parent was married and that’s how you became a permanent resident, then you might be at risk of having your legal status terminated by the USCIS if you don’t meet some standard requirements. You might be placed under deportation proceedings, but you can renew your application for an adjustment of status to a permanent resident in front of an immigration judge.
Legalization or Amnesty
You will be allowed to stay in the United States if you are found to have qualified for amnesty or legalization by the United States citizenship and immigration services. Once this is determined, then any hearings for deportation will end as you have shown you have a legal right to remain in this country.
If you have been in the United States since before January 1, 1972 and you have good moral character and do not have any aggravated grounds for which you can be deported but you are not eligible for naturalization, then registry can be another way for you to remain a lawful permanent resident here in the United States. That’s something an immigration attorney in Buffalo, NY can help you with.
What is Voluntary Departure?
If you have no other possible relief from your removal, then perhaps we need to look at the possibility of voluntary departure from this country. Most people are eligible and can apply for this. You will be able to avoid the stigma that comes with being deported, as well as the legal issues attached to removal from this country.
If your deportation is based on aggravated grounds, you will not be able to go forward with voluntary departure. If you are not being removed because of aggressive grounds, however, then you will be able to apply for voluntary departure. You also have to be able to afford to depart from the United States within a particular period of time that is determined by an immigration judge and they must be able to establish good moral character for you over the past five years.
The Immigration judge is going to grant this at their own discretion. If for whatever reason they don’t decide to grant it, we can appeal as we have done so in the past to the Board of Immigration Appeals and the US Court of Appeals.
Call Our Deportation Attorney in Buffalo, NY Today
We are here to help you, whether you’re planning for a possible deportation or you’d like to avoid the possibility all together. Please get in contact with us right away and we can help you with this and any other immigration issues you are facing. Call our immigration attorney in Buffalo, NY right away.