Family-Based Immigration
From our offices in Cerritos, Riverside, and Santa Ana in Southern California, the Los Angeles immigration attorneys at Wilner & O'Reilly bring together families from around the world through various family-based immigration processes. Reuniting families, promoting marriages and adoptions, and protecting women and children through immigration procedures are some of the most satisfying and rewarding aspects of our work.
Although family-based visas are generally subject to a limited number of years, there are many ways to obtain permanent residency when the applicant has a relative who is a lawful permanent resident or U.S. citizen.
Parent, Spousal, Child and Sibling-Based Petitions
Along with employment-based immigrant visas, family-based immigrant visas are a popular tool for achieving lawful permanent residence. However, outside of the immediate family, the ability to bring in other others is severely limited by a strict quota system. Still, spouses, parents, children and siblings, including stepchildren and half-siblings, stand a good chance of immigrating relatively quickly if the proper procedure is filed.
Immigrant visa petitions are treated differently, such as whether they belong in the preference system or not and what preference they are given, based upon a host of factors including the family relationship involved and whether the petitioner is a U.S. citizen or a lawful permanent resident.
International Adoptions
Like so many other immigration procedures, the first step in adopting a child from another country is the filing of an application with CIS. A thorough home study must also be completed, which includes in-person interviews and home visits and a detailed review of the adopting parents and the home environment. Depending upon whether the child's country of origin follows the Hague Adoption Convention or not, the adopting parent will also need to file and obtain approval through Form I-800A or Form I-600 or 600A.
Violence Against Women Act (VAWA) Petitions
This law, passed in 1994 and updated in 2000 by the Battered Immigrant Women's Protection Act, allows noncitizens who have been battered to obtain lawful permanent residence in certain circumstances. VAWA allows the abused spouse to bypass the normal petition process which is initiated by the citizen/resident spouse and allows the abused spouse to "self-petition" without the knowledge of the abusive spouse. Persons who do not qualify for residence under VAWA may nevertheless qualify for a U-visa, which allows crime victims, including victims of domestic abuse, to obtain legal status.
Fiancé(e) Visas
Through a K-1 nonimmigrant visa, an individual may travel to the United States in order to marry a United States citizen. Obtaining this visa requires filing an I-129F fiancé(e) petition with the National Visa Center and applying for a visa from the U.S. Embassy or Consulate. A medical examination, proof of financial support, and a host of other documentation will be required. The marriage should take place within 90 days of arrival, after which the visa holder may apply for permanent residency through an adjustment of status proceeding. Eligible children may accompany their parent by obtaining K-2 visas.
Child Status Protection Act (CSPA)
It sometimes happens that minor children applying for immigration benefits turn 21 years old (age out) before their application is processed due to delays at CIS or the State Department. In those situations, the CSPA may operate to retain that eligibility and protect the individual's application status. Obtaining CSPA protection can be a complex and involved ordeal. Even determining whether CSPA applies in a given situation is a complicated process.
Seek Experienced Legal Representation
How you proceed with a family-based immigration matter is one of the most important decisions you can make for yourself and your family. Utilizing an expert Los Angeles immigration attorney can help ensure that you get it right the first time and that the matter is resolved positively and as quickly as possible. Our attorneys in Riverside, Santa Ana, and Cerritos have the knowledge, skills, and abilities to help you with your legal issues. Whether seeking an immigrant visa for a family member, engaging in an adoption, getting married, or any other family-based immigration matter, contact an Orange County immigration attorney at Wilner & O'Reilly, APLC for expert advice and assistance.
