Obtaining permanent residency through a family member can be the first step into citizenship. Many people are not aware that this option is made available to them, therefore, they do not jump on the opportunity towards becoming a citizen. The immigration system has options placed for individuals with family members that qualify to grant them the benefits. These processes vary in requirements and consulting with an immigration attorney to gain clarification is recommended.
Adjustment of Status
The Adjustment of Status process is for all those seeking to gain legal permanent residency and have a relation or situation to a family member that makes them eligible to begin this process. The Adjustment of Status one of the procedures of choice for individuals already residing in the United States. There are a number of ways in which you can qualify to apply for permanent residency through a family member and each have more details that accompany.
For instance, you may be eligible if you are:
- Immediate family of a U.S. Citizen
- Relative of a U.S. Citizen (Has Additional Specifications)
- Fiancée(e) of a U.S. Citizen
- Child of a U.S. Citizen’s Fiancée (e)
- Widow(er) of a U.S. Citizen
- Victim of Domestic Abuse from U.S. Citizen or Legal Permanent Resident
Each circumstance is different. You may qualify under these situations; however, each eligibility category has additional details your immigration attorney will explain and guide you through. At The Law Office of Alex Martinez, Mr. Martinez has assisted many individuals with their Adjustment of Status process. He has over 10 years of experience in the field and is sure to give you the outcome you want and deserve.
Consular Process is the manner in which you may obtain Lawful Permanent Residency through a family member if you currently reside outside of the united states or live inside the country but entered unlawfully. It is important to understand when Consular Processing is preferable, or the only option as opposed to an adjustment of status. Choosing the wrong option frequently results in a long stressful and expensive journey that normally ends in removal proceedings. While the process of adjustment of status is normally quicker, consular processing has a much lower rate of refusal.
When consulting with your immigration attorney, they will guide and advise you of which option grants you more benefits. At The Law Office of Alex Martinez, Mr. Martinez will act in your best interest and maintain clear communication of any updates and requirements of your case. With Attorney Alex Martinez, your Consular Processing case is guaranteed to flow smoothly and result in obtaining your Legal Permanent Residency.
Waivers – 601/601A
The word “waiver” is just a fancy way to say “forgiven” or “perdonado” as it is translated into Spanish. A Waiver can be used to overcome many points of inadmissibility including living in the country unlawfully, misrepresenting information to the U.S. government, certain criminal acts among many other aspects that may cause you to have your application for residency denied.
The most common type of waiver is for purposes of overcoming what is known as the 3 or 10 year bar to obtaining permanent residency as result of living in the country without permission. The three-year bar applies when you have lived in the U.S. for over 6 months but less than a year and then departed the country. The ten-year bar applies when you have lived in the country for over a year and then departed. In these circumstances the Waiver should be filed either prior to the departure for purpose of attending the consular interview for permanent residency, also known as a 601-A Provisional Waiver or, in the alternative, after the departure while in your country of origin also known as a traditional 601 Waiver. It is also important to know that you may not qualify to apply for a Waiver if you have entered illegally into the country after you have accumulated the unlawful presence and departed unless you wait for 10 years outside the U.S.
In order to qualify for a Waiver, you must be able to prove the following:
- You have an American or Legal Permanent Resident parent or spouse
- And that relative will suffer an extreme amount of hardship if you are denied the opportunity to live in the U.S. along his or her side.
The preparation of a Waiver packet is not as simple as it may sound, and experience makes a huge difference. Understanding what the immigration or consular officer is looking for to approve your application is the key to success. Attorney Alex Martinez – Immigration Attorney in the Rio Grande Valley has processed hundreds of waivers successfully and has learned the best techniques to have his clients have the highest chance of approval.
Parole in Place
If you are the qualifying family member of an individual who previously or in present time, serves in the U.S. Military, you may qualify for legal benefits through this loved one. Parole in Place serves as an option to the families of military personnel that wish to obtain a work permit OR Lawful Permanent Residency. Parole in Place can be granted to the spouses, parents, or unmarried children under the age of 21.
In order to obtain residency through this benefit, you must first obtain Parole in Place. There are certain requirements that your immigration attorney will guide you through in order to begin adjusting your status such as:
- Evidence of relationship to the U.S. citizen military service member (Ex: a copy of a birth or marriage certificate)
- Evidence that the qualifying family member is an active duty member, previously served in the U.S. Armed Forces, or is in the Selected Reserve of the Ready Reserve
- Any additional beneficial evidence that you wish to have USCIS take into consideration, (Ex: personal education, letters from community leaders showing your involvement)
Each requirement will be reviewed and clearly explained by your immigration attorney as your process begins and throughout the course of time as it is completed. The Law Office of Alex Martinez will be with you every step of the way and advise you of each of your opportunities. Mr. Martinez will use his 10 years of experience to act in your best interest and to grant you Lawful Permanent Residency.