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Bringing Siblings to the U.S. Under Family-Based Immigration
Family-based immigration laws allow a person to bring his or her sibling to the United States, although siblings are not in the "immediate relative" category. The Immigration and Nationality Act defines an immediate relative only as a spouse, parent, or child under the age of 21 of a U.S. citizen. So, even though many of us think of our siblings as "immediate" relatives, immigration officials do not; siblings are known as "preference" relatives.
Since the number of family-based visas that can be issued each year is limited, there is always a backlog for a brother or sister family-based visa. This means that families can be separated for many years, missing all the family milestones in the interim. If you have a family-based immigration issue, an experienced Herndon, VA immigration attorney can help.
How Does Family Preference Immigration Work?
The enactment of the Immigration and Nationality Act of 1965 established family ties as the primary way for immigrants to come to America. Today, family visas account for about 65 percent of legal immigration each year. An average of 3.5 relatives are sponsored by a single American citizen.
Financial Requirements and Considerations for Spousal Visas
When a marriage or spousal visa is applied for, there are many requirements that must be met, not the least of which are financial requirements. All aspects of immigration are subject to change when the new administration takes office, so it is important to speak to an immigration attorney if there are any questions or concerns.
A CR-1 spousal visa is a green card that allows a person from another country to live in the United States with his or her spouse, who is a U.S. citizen or permanent resident. A CR-1 is a conditional resident visa for those who have been married for less than two years. Two years after arriving in the U.S., the person with the CR-1 visa and his or her spouse must apply to remove the conditions from the green card. This means the person now has a 10-year permanent resident card.
How Could Mass Deportation Plans Affect Virginia?
Virginia’s Cardinal News reported some eye-opening facts in March 2024 regarding how mass deportation could affect the state. For the most part, that effect would not be positive. The most recent estimates from the Migration Policy Institute are from 2016, which placed Virginia’s undocumented population at about 250,000. It is safe to assume that this number has likely increased over the past eight years.
So, what would be the impact of removing a quarter of a million people – 70 percent of which are employed – from Virginia’s workforce? As you might imagine, the effect would be substantial. Family immigration issues are in a precarious place right now, leaving many filled with anxiety about the future. If you or a loved one are seeking some form of family-based immigration, now is the time to speak to a knowledgeable Herndon, VA family immigration attorney from Immigration Legal Advisors, PLLC.
What Are the Current Barriers to Family-Based Immigration?
Family unity is a foundational principle of our nation and our immigration system. As early as the 1920s, family relationships were one basis for admission into the United States. The Immigration and Nationality Act of 1952 allowed any lawful permanent resident or U.S. citizen who is over the age of 21 to petition for family preference visas for specific family members.
These visas result in LPR status, which most people know as a green card. A green card offers a path to citizenship in the United States. If you want to obtain a family-based visa for a family member, it is important that you speak to an experienced Herndon, VA family-based immigration attorney from Immigration Legal Advisors, PLLC. When you have a strong advocate in your corner, you are much more likely to have a positive outcome to your immigration issue.
Categories of Family Members for Family-Based Immigration
The family members groups for family-based immigration are immediate relatives such as a spouse, a U.S. citizen’s parent, or a minor child and family preference relatives that are divided into:
Can the Family of Refugees and Asylees Gain Derivative Status?
Many circumstances around the world could result in people fleeing their homes and seeking safety elsewhere., and the landscape of immigration is more complex at this time in our nation than it has ever been. Terms like migrants, immigrants, refugees, and asylum seekers are often used interchangeably, which only adds to the confusion.
Although there is a shared goal of finding sanctuary in a new country, there are different pathways to achieve these goals. One of those involves family members of refugees and asylees. Those who came to the U. S. as a refugee or asylum seekers within the prior 24 months can now ask that specific members of his or her family be granted derivative asylum or refugee status. If you believe your family members may qualify for derivative refugee or asylee status, it can be helpful to speak to a knowledgeable Herndon, VA immigration attorney from Immigration Legal Advisors, PLLC.
Keeping Families Together a Goal of Biden’s Immigration Plan
The current administration released a statement in June 2024 outlining plans for immigration actions and detailing how lawful pathways for maintaining family unity can be expanded. President Biden stressed that immigrants who have been in the United States for most of their lives, "paying taxes and contributing to their communities are part of the social fabric of our country."
More needs to be done to create a sense of stability for those who currently live in families with a noncitizen family member such as Dreamers who were educated in the United States. Unfortunately, these improved plans for immigrant families could change after the November election. If you have questions about a family immigration issue, an experienced Herndon, VA immigration lawyer from Immigration Legal Advisors, PLLC can help.
Recent Changes to Family-Based Immigration Petitions | VA
In late May of this year, the USCIS Policy Manual was upgraded to include additional or changed information on family-based immigration petitions. The upgrades include explanations on how approval notice errors are now handled and updated explanations regarding requests for consular processing or adjustment of status. Below, you will find additional information on these updates to family-based immigration petitions. If you have a family-based immigration issue, it can be beneficial to speak to a national immigration attorney from Immigration Legal Advisors, PLLC.
What Are Family-Based Immigration Petitions?
The U.S. government limits the number of family-based immigration visas issued to foreign nationals each year. Permanent resident status allows a family member to live and work permanently in the U.S. An individual with an immigrant visa or a green card both have permanent resident status. Family-based immigration requires at least two family members — a beneficiary and a petitioner.
Virginia Lawmakers Work on Immigration Bills Before Election
There is widespread uncertainty regarding immigration laws across the nation. In light of the upcoming presidential election, some Virginia lawmakers have proposed legislation that would support the state’s immigration population. Virginia is one of ten states where 70 percent of the new U.S. citizens from 2023 reside.
These bills range from allowing undocumented minors to access state-funded healthcare to allowing certain immigrants to be eligible for careers in law enforcement. Work-based green cards and pathways to citizenship for DACA recipients and TPS holders are also on the table. Right now, these bills are facing an uphill battle in the state, but that could change in November.
Any immigration issue you have can be addressed by Immigration Legal Advisors, PLLC, as our firm provides invaluable legal support in all types of immigration cases. As knowledgeable Herndon, VA immigration attorneys, we understand the many nuances of immigration law. We are committed to helping our clients achieve positive outcomes that will allow them to live successfully in America.
Virginia Governor Vetoes Bill That Would Allow "Dreamers" to Work as Police Officers
This year, Virginia lawmakers considered a bill allowing those under the Deferred Action for Childhood Arrivals Act (DACA) to train for and join law enforcement in the state. Younkin vetoed the bill, stating it could "undermine public safety" and "protect illegal immigrants."
In response to criticism of the veto, Youngkin stated that the Virginia Department of Criminal Justice Services can offer waivers for noncitizens who are permanent residents to serve as law enforcement officers on a case-by-case basis. Since most of the support for the bill came from Democrats, an override of the governor’s veto—which requires a two-thirds vote—is unlikely.
At Immigration Legal Advisors, PLLC, our immigration attorneys can help with DACA-related issues and many other immigration services. Our attorneys have over 20 years of combined experience helping those with immigration-related challenges. We understand the stress and frustration these issues can cause.
Can Filing a Herndon Personal Injury Claim Trigger Deportation?
The question of whether an undocumented immigrant can file a personal injury claim has never been addressed by the U.S. Supreme Court. Different states have reached different conclusions regarding this issue. When deciding whether undocumented immigrants have the same protections as legal immigrants, the Virginia Supreme Court has ruled in the affirmative. The Commonwealth of Virginia does not allow immigration status to be brought up during a personal injury claim.
This means undocumented immigrants have the same right to recover damages following an accident caused by a negligent party as legal immigrants. This includes medical expenses, pain and suffering, and even lost wages. Unfortunately, the issue is not always this straightforward. You must speak to an experienced Herndon immigration lawyer before filing a personal injury claim to ensure your rights are protected.
With offices in Herndon, Virginia and Annapolis, Maryland, Immigration Legal Advisors, PLLC provides legal help to clients in the areas surrounding Washington, D.C., including Frederick, Leesburg, Ashburn, McNair, Stone Ridge, Reston, Chantilly, Germantown, Woodbridge, Potomac, Gaithersburg, Rockville, McLean, Falls Church, Manassas, Arlington, Alexandria, Bethesda, Chevy Chase, Silver Spring, Hyattsville, College Park, Greater Landover, Bowie, and Millersville.
Results listed are not a guarantee or indication of future case results.
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