Immigration Waiver Attorney in Birmingham, Alabama
Citizens of the United States and legal permanent residents can file for immigration petitions based on family for children and spouses who are regarded as immediate relatives. It is important to remember, however, that if they are staying in the US despite the fact that they are undocumented, obtaining a waiver for unlawful presence is required.
If you need an Immigration Waiver Attorney in Birmingham, Alabama, contact Petro Immigration Attorneys. We have extensive experience representing various immigrants and handling their unique situations by providing personalized legal assistance. Our skilled and experienced Birmingham Immigration Waiver Attorneys will thoroughly evaluate your circumstance and provide you with sensible legal advice. You may now contact us to get a free case evaluation.
Family-Based Immigration in Birmingham, Alabama
The system of immigration in the United States, as well as the immigration law as a branch of legal practice is complex. Getting citizenship will require immigrants to obtain a green card first. Even though naturalization examination and interview is far from it, immigrants typically start the process by petitioning to be legally recognized as permanent residents. In all of these phases, it is important to get prudent advice from an immigration attorney.
The primary framework for lawful immigration to the United States is family-based immigration. Pursuant to the current immigration laws, American citizens and legal permanent residents can endorse a member of their family for a visa that grants them permanent residence. While the process of family sponsoring for green card applications appears concise, immigration policy is quite complicated.
You undoubtedly have a lot of questions about immigration forms. Seeking the assistance of an experienced Immigration Waiver Attorney in Birmingham, Alabama can be immensely helpful.
Family Immigration and Green Card Application
The office of United States Citizenship and Immigration Services (USCIS) is handling various petitions with a wide range of issues. It is imperative to get legal assistance from a reliable law firm in every immigration process that you are currently dealing with. Never take every chance for granted because some errors could result to serious consequences.
The nature of the laws of family immigration is complicated and strict. Thus, providing sufficient evidence that your relationship exists is a must. In cases when the family relative has been illegally staying in the country for a couple of years already after non-inspected entry, this can be more difficult than expected.
A detail oriented and diligent Birmingham US Immigration Waiver attorney can make everything less complex. Call us today to understand how our legal service can help.
Illegal Presence Waivers – What is it?
Generally speaking, illegal presence waivers permits foreign nationals who have overstayed their residence permit to stay in the United States while applying for a green card. Undocumented immigrants are typically ordered to leave the United States prior to application for permanent residency.
Howver, some waivers may be accessible for undocumented immigrants who are considered immediate relatives of legal permanent residents or American citizens. A lawyer with substantial knowledge about immigration laws can comprehensively expound to you the criteria for eligibility, processing time, and required paperworks.
Call Petro Immigration Attorneys today and let our excellent Immigration Waiver Lawyers minimize your hassle. Schedule a free initial consultation now!
Family-Based Petition in Birmingham, Alabama
There are numerous applications for immigration processed by the USCIS every day. A strongly dedicated and reliable Immigration Waiver Attorney in Birmingham, Alabama can help you with pertinent USCIS forms. You can also get excellent legal help on every step you need to undertake to sponsor a family relative successfully.
Step 1: File the Petition
To begin with the process of immigration, the family relative who is an American citizen or has obtained the status of legal permanent resident, must send a visa petition through the mail on USCIS Form I-130. These forms will serve as your supporting documents to prove the family relationship.
Step 2: Wait for the decision of the USCIS
Once the USCIS obtains the report, they will make a decision after evaluating it. There are some instances when the USCIS will require additional information. If that’s the case, they will request further evidence from the petitioner through the mail.
Step 3: Wait for the Visa to be available
In green card issuances, there are annual limits imposed as to the number. Since foreign relatives are not regarded as immediate family members, they cannot be granted permanent residence quickly. The immigrant will wait, which could take years for the visa to be available.
Step 4: Visa or Green Card application
When the I-130 petition has been duly approved and the visa is readily obtainable, the immigrant will then process an application for a green card.
- If the petitioner is already staying in the US they are required to accomplish form I-485 (Status Adjustment Application). This is important to adjust the status of the immigrant to a legal permanent resident right after the visa number is available.
- If the petitioner is processing an application from their native country, the USCIS will just let the applicant know when the visa is approved or not. The information will be transmitted to the Department of State’s National Visa Center and will remain unless otherwise, a number for an immigrant visa is readily available. If the latter becomes obtainable to the recipient, they will be required to visit the nearest local US consulate to finish the entire process of immigration. The applicant will be guided by the NVC on the necessary steps to schedule an appointment with the consulate abroad in the US.
The process above, however, cannot be straightforward as expected. With the legal service of a dedicated and skilled Immigration Waiver Attorney in Birmingham, Alabama, your needs will be catered. Set a free consultation today and let our knowledgeable attorneys help you.
Filing a Petition for Immediate Relatives
Either you obtained lawful permanent resident status or American citizenship, your family members’ applications for green cards and visas are typically the same. However, you need to keep in mind that your current immigration status will relatively affect the processing time for immigrant visas. There are also other influential factors, which include your ties and the native state of the family relative you are sponsoring.
An immediate relative refers to a category defined by a close familial tie with a citizen of the United States. One of the advantages is that an annual limit does not exist on the quantity of green cards or immigrant visas granted to the beneficiaries under this category every year. This means that if the USCIS grants the petition, the eligible candidates will no longer have to be on the waiting list for their visa availability.
The following belong to this category:
- American citizens’ married spouses
- Unmarried individuals below 21 years old.
- Adopted Orphans abroad
- Orphans intended for adoption in the US
- Parents of at least 21 years of age.
Immigration in the United States provides priority to people with spousal relationships and children who are unmarried. Other remaining classifications are considered lower priorities pursuant to the process of immigration.
Call our law firm today to seek help from one of the excellent Immigration Waiver Attorneys in Birmingham, Alabama. Set a free consultation today!
List of Family Preference Categories
This classification refers to the more distant and specific family relationships with an American citizen. It also includes some other relationships with lawful permanent residents. There are sub-categories under this category that have available visas for family preference immigrants. Generally, if the preference category is high, the waiting time for the visa will be shorter.
The categories are as follows:
First Family Preference (F1)
Unmarried children of US citizens, as well as their spouses.
Second Family Preference (F2)
Minor children above 21 years of age, as well as spouses and unmarried daughters and sons under 21 years of age.
Third Family Preference (F3)
Married and minor children of American citizens as well as their spouses.
Fourth Family Preference (F4)
Siblings of American citizens, spouses, and minor children, supposing that the US citizens are at least 21 years of age.
Our Immigration Waiver Attorney at Petro Immigration Attorneys can explain each category comprehensively so you will understand them better. Schedule a free consultation today!
Unlawful Presence of Immediate Relatives
Undocumented immediate family members in the United States are required to obtain a waiver for their illegal presence under one of the immigration policies. To get one, a foreigner must prove that the waiver denial would result in undue hardship to the supporting American citizen or legal permanent resident.
For several years, only a provisional waiver was allowed for immediate relatives of US citizens. Close relatives of lawful permanent residents who wish to have an illegal presence waiver are required to take the more challenging approach of deporting from the country before knowing whether or not the waiver is approved.
In 2016, the USCIS office expanded the provisional illegal presence waiver procedure to include any individual who is legally qualified for a waiver of inadmissibility and an immigrant visa based on their presence in the US. This provided opportunities for many undocumented foreigners who had previously hesitated about applying. An experienced immigration waiver attorney in Birmingham, Alabama from Petro Immigration Attorneys can assist you until the process is completed.
Application of Immigration Waivers in the United States
Before, if immigrants wished to waive their unlawful presence, they had to take a significant amount of risk to go back to their native country until a decision on the petition was approved. If otherwise, they can no longer return to the United States. Furthermore, until March 2013, immigrants are only allowed to apply for their immigrant visa interviews and waivers at the US Embassy or Consulates outside the country.
Starting in 2013, the immigration process for immediate family members of American citizens became much easier and safer. They can now apply for a provisional waiver while still inside the United States. The Department of Homeland Security (DHS) expanded the eligibility for provisional illegal presence waivers in August 2016. Qualified individuals can now file for an unlawful presence waiver if they can prove that a lawful permanent resident or US citizen parent or spouse will suffer undue hardship.
Get in touch with Petro Immigration Attorneys to hire our excellent Immigration Waiver Attorney in Birmingham, Alabama. You may set up a free consultation today!
Eligibility and Requirements
To get qualified to submit an application before leaving the country, an immigrant must meet the following criteria:
- Must be at least 17 years of age.
- Must be in the United States physically for the purpose of providing biometrics and personally submit their waiver application.
- Must complete the necessary payments for processing immigrant visas.
- Must have an approved Form I-130 or Form I-360.
- Must prove that denial of application will cause undue hardship to the American citizen.
- Must have a pending immigrant visa case before the Department of State for the authorized comparative application.
- Must not be scheduled for an immigrant visa interview before January 3, 2013.
Suppose that the waiver was approved, the foreign citizen will still be required to go back for a while to their native country and re-enter. But, it shall be noted that this can be applied if the case was approved provisionally.
Get in touch with Petro Immigration Attorneys to hire our excellent Immigration Waiver Attorney in Birmingham, Alabama. You may set up a free consultation today!
Call our Immigration Waiver Attorney in Birmingham, Alabama Now!
Immigration based on family ties encompasses a wide range of issues. The types of visas are not limited to marriage-based or family members when you are migrating. Some people opt for student visas, visitor visas, investor visas, or any other type of visa based on employment. If you are looking forward to a permanent residence, it is worth noting that limitations have been legally imposed on these.
Call Petro Immigration Attorneys if you have questions about immigration visas, immigration laws, or the green card application process. We will answer all of your questions and assist you in resolving any difficulties you may be experiencing. Our reliable Birmingham, Alabama unlawful waiver lawyers will work tirelessly to achieve excellent results for you. Set a free consultation today!