Family Based Immigration

Our goal is to reunite families in a dignified and efficient manner. U.S. citizens and Lawful Permanent Residents can file immigrant petitions on behalf of their relatives to become permanent residents. If their family members, also known as beneficiaries, are in the United States, they will have to file an application for adjustment of status after the underlying immigrant petition has been approved. If the beneficiary resides overseas, the application process will also require consular processing. Immigration and consular officers consider additional factors such as prior entries, criminal records, statements made during interviews, and border crossings when determining eligibility. Consular officers will particularly consider past entries into the United States as well as statements made at prior interviews.

Successful immigrant petitions and visa applications require more than submitting forms to the USCIS and National Visa Center and it is critical to examine the facts of each case. For example, the petitioner has the burden to prove the legitimacy of the qualifying family relationship before the underlying petition can be approved. The USCIS may require supplemental evidence and interview the petitioner even in cases where the beneficiary is overseas. The USCIS will occasionally put the case on hold and send the petitioner a Request for Evidence.

Each step is complex and McAllister Law Firm, PLLC is prepared to act as your advocate and guide. Contact our firm today to get started.