Attorney Maggiacomo has extensive experience in family-based residency matters.
This visa category permits the immediate relatives of United States citizens to immigrate without waiting in a quota or preference line. Mere marriage to a United States citizen or permanent resident does not automatically create resident status in the United States. The United States relative must file a petition on behalf of the foreign relative, and the foreign relative must undergo an interview by the United States government for admissibility to the United States.
However, less immediate ties than a spouse or parent of a United States citizen require that a person apply for his or her visa through a series of categories which may or may not be current at the time the person’s application is approved. A United States citizen must be at least 21 years of age in order to immigrate a relative.
Four Basic Categories Of Preference:
- Adult sons and daughters of United States citizens;
- Spouses and adult sons and daughters of lawful permanent residents or Green Card holders;
- Married children of United States citizens;
- Brothers and sisters of United States citizens;
U.S. Citizen Can File The Petition On Behalf Of His / Her
- Husband, wife, or child under the age of 21
- An unmarried child over the age of 21
- Married child of any age
- Brother or sister if the U.S. citizen is at least 21 years old
- A parent if the U.S. citizen is at least 21 years
Under INA 201(b) the U.S. Citizen’s spouse, parent or child (under 21) is considered an Immediate Relative, and as such NO preference quota is required. Furthermore, even under the tough new adjustment laws, a United States Citizen may petition for his or her Immediate Relative even if that relative has fallen out of status. The immediate relative must have entered the United States legally however
Lawful Permanent Resident Can File The Petition On Behalf Of His / Her:
- Husband or Wife;
- Unmarried Child
Attorney Maggiacomo has been representing individuals in family-based visa petitions for over seven years. Attorney Maggiacomo knows the questions you can expect, as well as the paperwork required.
Attorney Maggiacomo can assist you with:
- Form I-130 – Visa Petition for Immediate Relative
- Form I-485 – Application for Lawful Permanent Residence
- Form I-765 – Application for Employment Authorization
- Form I-864 – Affidavit of support
Attorney Maggiacomo can also assist you with a conditional lawful permanent residency application if you have been married for less than two years. Attorney Maggiacomo knows how prosecutors conduct investigations when they believe someone has married “for papers”. Attorney Maggiacomo know that, in some cases, you may have to go through a grueling interview process. Attorney Maggiacomo will help you prepare for your interview and will be present at your interview. If you are a sponsor or co-sponsor, or a lawful permanent resident, Attorney Maggiacomo can assist you with all facets of the paperwork required.
If you have an immigration concern involving family residency, Attorney Maggiacomo can provide you with professional advice.