Immigration Lawyer in MA

When it comes to family-based immigration cases with USCIS, the focus is on sponsoring a foreign family member through a U.S. citizen or lawful permanent resident. These cases can be grouped into several categories, including:

1. Immediate Relative Petitions: This category covers petitions for U.S. citizens' spouses, parents, and unmarried children (under 21 years old). These cases are relatively straightforward, as there are no limits on the available immigrant visas for immediate relatives.
2. Family Preference Petitions: These petitions involve specific family relationships with U.S. citizens or lawful permanent residents that fall outside the immediate relative category. It's divided into four preference categories:
   1. F1: Unmarried adult children (21 years or older) of U.S. citizens.
   2. F2: Spouses, children, and unmarried adult children (21 years or older) of lawful permanent residents.
   3. F3: Married adult children of U.S. citizens.
   4. F4: Siblings of U.S. citizens. Visa backlogs and longer processing times are common due to numerical limitations.
3. Consular Processing: After an immigrant petition is approved, intending immigrants outside the U.S. need consular processing. The National Visa Center (NVC) assists with processing visa applications, document collection, and fee payments.
4. Adjustment of Status: Individuals in the U.S. may be eligible to adjust their status to lawful permanent resident if they meet specific criteria, including having an approved immigrant petition and an available visa.
5. Provisional Unlawful Presence Waivers: Immediate relatives of U.S. citizens with unlawful presence in the U.S. might apply for a provisional Waiver of Unlawful Presence before undergoing consular processing in their home country.
6. Conditional Residence Removal: Immigrants gaining permanent residency through marriage to a U.S. citizen (marriage under two years old at approval) receive conditional residency. A joint petition must be filed within 90 days before the conditional residency expires to remove conditions.
7. Humanitarian-based Immigration: USCIS considers select family-based cases on humanitarian grounds, including petitions for battered spouses or children (VAWA), widows/widowers, and special immigrant juveniles.

It's important to remember that every case is unique, leading to varying requirements and processes. For accurate, up-to-date information about individual family-based immigration cases, consulting an immigration attorney or seeking guidance from USCIS directly is recommended.