Family-Based
Green Cards

United States immigration law determines who is eligible to come into the U.S., how long they can stay, the rules and procedures for becoming a citizen, etc. In addition, U.S. immigration law dictates the consequences of visa overstays, what happens when a foreign national commits a crime, and detention and removal proceedings.
The U.S. Congress has the authority to legislate all immigration areas.

The mainstay of immigration law lies in the Immigration and Nationality Act (INA). But, there are countless other pieces of legislation that affect immigration law. The agencies charged with administration and enforcement include ICE, USCIS, and CPP. All of these are under the umbrella of the Department of Homeland Security.

Family-based immigration must involve either a permanent resident or a U.S. citizen, also called a green card holder.
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Citizens and permanent residents have the right to sponsor a foreign citizen family member to lawfully immigrate to the United States.

Although immigration law magnanimously allows for family members to be united in America, it does not make it an easy process. Depending on the type of relation, this process can range in duration and difficulty, which is why legal assistance from the experienced, knowledgeable, and compassionate legal team at Richard Kolomejec is essential to a successful outcome.

This depends on the category to which you are applying. In the Immediate Relative (IR) category, there are an unlimited number of visas available. This means that processing can begin immediately upon approval of the initial petition.

From start to finish, IR visas typically take from six to nine months or longer, depending on the circumstances. In the Family Preference category, there are annual numerical limits, and applicants may have to wait several years for a visa to become available.

Sponsors must be U.S. citizens or lawful permanent residents (LPRs) who are at least 21 years of age or older. Sponsors must also have domicile in the United States or a U.S. territory. If a sponsor lives abroad, they must show proof that their residence abroad is temporary, and their permanent domicile is in the U.S. Sponsors must prove their family relationship with the applicant/beneficiary and meet certain financial requirements as well.

There are two general types of U.S. citizens: citizens by birth and naturalized citizens. Those who were born in the United States and born to U.S. citizens abroad receive automatic citizenship. All others obtain citizenship through what is known as the naturalization process. In general, lawful permanent residents (LPRs) can apply for naturalization if they have maintained continuous residence in the U.S. for three or five years, depending on the circumstances.

The new immigration law that was recently passed does not affect green card holders. Green card holders are still able to live and work in the United States legally. However, there are a few changes that green card holders should be aware of.

Additionally, the new law makes it more difficult for green card holders to bring family members to the United States. Overall, however, green card holders are not significantly affected by the new immigration law.