Services > Family Based Visa
Family-Based Immigration Law
Featured Waiver: I-601 A Provisional
Unlawful Presence Waiver
Employment-Based Immigration Law
PERM Labor Certifications
Asylum and Withholding of Removal
Deportation, Removal, and Bond Proceedings
Deferred Action for Childhood Arrivals (DACA)
Immediate family members include spouse, minor children and parents of U.S. citizens. Step-children and step-parents are considered immediate relatives if this relationship was established under certain conditions.
We urge you to consult with our attorneys to determine whether you or your immediate family member is eligible to adjust status and obtain permanent residence in the United States or undergo consular processing abroad.
One of the latest developments in family-law based immigration law has been the introduction of the I-601 A provisional waiver which now provides a means for immediate relatives of U.S. citizens who entered without inspection to file a waiver in the U.S. Read more on how this waiver may present a new opportunity for you or your love ones in our featured waiver section on the I-601 A provisional waiver.
U.S. citizens also have the privilege of petitioning for their adult children, married children, and siblings. The wait to obtain a visa for these family members is determined by the "priority date" and the processing time may be monitored on the Visa Bulletin.
Legal permanent residents may also file petitions on behalf of their spouses, minor children and unmarried adult children. F2A petitions, or those petitions for spouses and minor children, traditionally took several years to process. Recently, the priority date, or date in which a visa is available has been near current. This means that the wait for petitions filed by legal permanent residents is not very lengthy and we urge legal permanent residents to file petitions on behalf of their husband or wives and minor children immediately,
This means that U.S. citizens and legal permanent residents in same-sex relationships may now file visa petitions for their spouses who can obtain permanent residence through the qualifying relationship.
Our immigration law attorneys can advise you as to whether you or the family member who you wish to join you or remain in the United States can file an application for adjustment of status and obtain legal permanent residence in the United States or must undergo consular process abroad. We will also advise you as to the potential need for a waiver of inadmissibility or fraud waiver. If you are in removal proceedings, you may be able to file a motion to terminate your proceedings if you are eligible for adjustment of status or to a motion to administratively close your proceedings if you are a prima facie eligible for an I-601 A waiver.
Whether you wish to obtain legal permanent residence in the United States or under consular processing it is of utmost importance that you disclose to your attorney any arrests, criminal record or any orders of deportation, exclusion or removal. As attorneys, our consultations are confidential. If you have a conviction which may make you ineligible for legal permanent residence, we may advise you to file a motion for post-conviction relief. If you are an arriving alien or have been ordered excluded, we may be able to file your application immediately. If you have been ordered deported or removed, our knowledgeable and experienced attorneys will evaluate whether you may be eligible to file a motion to reopen and a stay of deportation so that you are not detained by Immigration and Customs officials while your case is pending.
Under certain circumstances, our attorneys may determine that you may not be eligible for permanent residence at this time but may still be able to file a motion for prosecutorial discretion to help keep your family united. Upon review of this motion, the government might agree to allow you to remain in the U.S. if you meet certain criteria such as lengthy residence in the U.S., close family ties to U.S. citizens or legal permanent residents and good moral character.
We urge you to make an appointment and learn how our attorneys may be able to help keep your family united or work to bring it together.
Marilyn Labrada Dumé
Founder & Managing Partner
Marilyn Dume is the founder and managing partner of the firm. Ms. Dume earned a Juris Doctor degree from Columbia Law School in 1989. Prior to attending Columbia, Ms. Dume attended University of Pennsylvania where she received her Bachelor of Arts degree in 1986. Ms. Dume is admitted to the New Jersey State Bar.