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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.
Will my K-1 visa be denied if I do not put the kids down?
The K-1 visa pathway, often referred to as the fiancé visa (and popularized by the television show, 90 Day Fiancé), serves as a gateway for non-United States citizens engaged to Americans to enter the United States for marriage purposes. This process demands meticulous attention to detail and absolute transparency throughout the application journey. One pivotal aspect is the acknowledgment of children.
Disclosure of dependents on K-1 visa petitions
While applying for a K-1 visa, the petitioner is tasked with completing Form I-129F, which requires the disclosure of any children. Neglecting to disclose this information has substantial ramifications for the application. United States immigration law mandates the full disclosure of all particulars, including dependents, as part of the visa application protocol.
Ramifications of concealment
Failure to disclose children on the K-1 visa application may be construed as misrepresentation. Such misrepresentation can culminate in visa denial and potentially invoke a permanent ban from entering the United States. It is paramount for applicants to recognize that candor stands as the cornerstone of the immigration process.
Immigration & Criminal Law Can Sometimes Overlap
Virginia residents who are new to the United States are often wary of dealing with law enforcement. This is understandable, but sometimes these interactions are unavoidable.
According to the law, there are instances in which law enforcement officers need a warrant to make an arrest. In others, they do not. When officers are investigating certain cases and a person who they believe might be an illegal immigrant is involved in alleged criminal activity, both criminal procedure and immigration can be involved. People in this situation should be aware of their legal rights and options.
People in the United States illegally can be arrested for it
Virginia law says that, under certain situations, law enforcement officers have the power to make arrests without a warrant. That includes State Police, sheriffs, members of a city or town police force, U.S. Coast Guard and Coast Guard reserves, members of the Capitol Police and others.
What are the options when immigrants face expedited removal?
For people who are already in the United States and are confronted with the possibility of being deported, there may be protections available.
Some are dealing with expedited removal. This means that the person can be removed and does not have the right to a hearing or review. It is important to remember that there are exceptions to expedited removal and some might be able to avoid it. They could even be allowed to remain in the United States.
Expedited removal and exceptions
The following people can be subject to expedited removal:
- People who enter the country without valid entry documents and those who enter the United States by using fraud or misrepresentation
- Those who arrived by sea without valid documents and were not admitted into the United States or paroled by immigration authorities, and cannot show they were physically in the country for a minimum of two years before they were apprehended.
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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