Family-Based Immigration

If you are a U.S. citizen or lawful permanent resident, you can petition for your relative to receive a green card based on your familial relationship (e.g. spouse, fiancé, children, and parents). The process varies depending on where your relative is living at the time of the petition. If the relative is outside of the U.S., they must go through what’s called consular processing. If the relative happens to already be in the U.S., they may apply by adjustment of status. 


Even if you can prove the required familial relationship, your relative may be ineligible for a green card if they have a “bar to admissibility.” A common bar to admissibility is having accrued “unlawful presence” in the United States. Unlawful presence is the period during which a person is in the U.S. without being lawfully admitted or paroled. If your relative has unlawful presence, they may apply for a waiver so that they may still obtain a green card.

In addition to unlawful presence, there are several other bars to admissibility. Typical disqualifiers include criminal history, prior immigration violations, and fraud or misrepresentation. Depending on the circumstances of their particular situation, your relative may still be eligible to waive certain grounds of inadmissibility. 


An immigrant’s first green card is conditional (temporary), and only provides lawful status for two years. Before the two-year period expires, the petitioner and beneficiary must jointly petition to remove the conditions of the card. This process requires proof of the continuing bona fide familial relationship. For example, if the beneficiary’s status is based on marriage to the petitioner, the couple must prove that they are still married, and that their marriage is legitimate. 


As you may imagine, this becomes complicated if the couple has separated before the green card was renewed. Typically, the beneficiary may still file individually if it can be shown that the marriage was valid when entered into, and its dissolution was not the result of deception or fraud by the beneficiary. Because these situations are fact-specific and have such significant consequences, it is crucial to have an experienced advocate ensuring you submit the best case possible.


If you need an experienced family immigration attorney, get in touch with Deckard Law. Contact us today!

Get In Touch Today!

When choosing Mallory Deckard, you are choosing a caring and compassionate lawyer. The Deckard Law team is here to provide modern legal practice techniques and work hard towards their clients needs. Speak with us today if you are in need of legal advice and help.

Contact Us ➞
Share by: