Freedom Law LLC | Family Immigration

Categories of family immigration

In family-based immigration, different categories and eligibility requirements need to be met. These categories include immediate relatives, such as spouses, parents, and unmarried children under 21 years of age. This category has the highest priority. There are also preference categories for unmarried sons and daughters over 21 years old, married sons and daughters, and brothers and sisters of U.S. citizens. Each category has its own set of requirements and processing times. At Freedom Law, LLC, we have in-depth knowledge of the intricacies of family immigration law and can assist you in understanding which category applies to your situation. We will work closely with you to gather the necessary documentation, file the appropriate forms, and strategize the best course of action to achieve a successful immigration outcome for your family.

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Challenges faced by immigrant families

We understand that the process of immigrating to a new country can be overwhelming and stressful for families, and we are committed to helping them navigate the legal system with ease. Our team of experienced attorneys is well-versed in immigration laws and procedures and can provide families with the necessary information and guidance to ensure a smooth transition.
One of the key challenges faced by immigrant families is the language barrier. Many families may not be fluent in the language of their new country, making it difficult to communicate and access important services. This is why we offer translation services to our clients, ensuring that they fully understand their legal rights and responsibilities.

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Another important aspect of successful integration for immigrant families is access to education and employment opportunities. Our team can provide families with information on local schools and assist in enrolling children in appropriate education programs. We also offer resources and support to help adults find employment opportunities that match their skills and qualifications. We understand the importance of financial stability for families and strive to help them achieve it.
At Freedom Law LLC., we believe that every family should have the opportunity to build a better life for themselves and their children. We are committed to helping immigrant families overcome the challenges they may face and achieve their goals in their new country. Our team is dedicated to providing compassionate and effective legal guidance to ensure that families have a smooth and successful immigration experience.

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Form I-130- Petition for Alien Relative

Submitting Form I-130, Petition for Alien Relative, is the first step to help an eligible relative apply to immigrate to the United States and obtain a Green Card. The filing or approval of this petition does not give your relative any immigration status or benefit.

USCIS generally approves Form I-130 if you can prove a qualifying relationship between you and your relative.

Certain relatives must wait until an immigrant visa number becomes available before they can file Form I-485 (adjust status in the U.S.) or apply for a visa abroad.

Certain relatives must wait until an immigrant visa number is available before they can file Form I-485 (to adjust their status if they are in the United States) or request an immigrant visa at an embassy or consulate through consular processing (if they are outside the United States).

Immediate relatives always have an immigrant visa available.

If your relative is in the U.S. but not eligible to file Form I-485, they may apply for a visa through consular processing with the U.S. Department of State.

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Form I-485- Adjust Status

Navigating the Adjustment of Status process can feel overwhelming. With Freedom Law, LLC, you’re in capable hands. Our experienced team guides you through every step with clarity, care, and attention to detail.

From determining eligibility and gathering necessary documentation to preparing and filing the application, our dedicated professionals at Freedom Law, LLC are committed to providing exceptional service tailored to the unique needs of each client.

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Form I-360- SIJ

Special Immigrant Juvenile (SIJ) status protects children who have been abused, neglected, or abandoned by a parent and provides a path to lawful permanent residency. To qualify, the child must be under 21, unmarried, and have a juvenile court order establishing dependency and need for protection.

Step 1 — Family and Probate Court:

File in Family and Probate Court in the county of residence.

File a complaint for dependency with an affidavit and translated birth certificate.

Receive a court summons and send it to the offending parent with tracking.

File proof of delivery with the court.

The case is either administratively awarded or goes to hearing.

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VAWA- Violence Against Women

With the passage of the Violence Against Women Act of 1994 (VAWA) and its subsequent reauthorizations, Congress provided aliens who have been abused by their U.S. citizen or lawful permanent resident relative the ability to independently petition for themselves (self-petition) for immigrant classification without the abuser’s knowledge, consent, or participation in the immigration process.

This allows victims to seek both safety and independence from their abusers. Spouses and children of U.S. citizens and lawful permanent residents, and parents of U.S. citizens who are 21 years of age or older, may file a self-petition for immigrant classification with USCIS. An alien filing the self-petition is generally known as a VAWA self-petitioner. If USCIS approves the self-petition, VAWA self-petitioners may seek legal permanent residence and obtain a Green Card. This can be done either by consular processing if the approved self-petitioner is outside the United States or by applying for adjustment of status if the approved self-petitioner is in the United States.

Who is eligible?

Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also file as an abused spouse if your child has been abused by your U.S. citizen or permanent resident spouse. You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.

Parent: You may file if you are the parent of a U.S. citizen, and you have been abused by your U.S. citizen son or daughter.

Child: You may file for yourself if you are an abused child under 21, unmarried and have been abused by your U.S. citizen or permanent resident parent. Your children may also be included on your petition. You may also file for yourself as a child after age 21 but before age 25 if you can demonstrate that the abuse was the main reason for the delay in filing.

Eligibility Requirements

1. You are eligible for a VAWA self-petition if you demonstrate the following eligibility requirements:

Spouse, intended spouse, or former spouse of an abusive U.S. citizen or lawful permanent resident if:

You are married to a U.S. citizen or permanent resident abuser;

Your marriage to the abuser was legally terminated by death (U.S. citizen spouses only) or a divorce (for reasons related to the abuse) within the 2 years prior to filing your petition;

Your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence;

You believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.

Child of an abusive U.S. citizen or lawful permanent resident parent; or

Parent of an abusive U.S. citizen son or daughter who is 21 years old or older.

2. You were subjected to battery or extreme cruelty

3. You are residing or have resided with your abusive U.S. citizen or lawful permanent resident relative;

4. You are a person of good moral character.

5. Additional requirement for spouses:

If you are self-petitioning as the spouse of an abusive U.S. citizen or lawful permanent resident, then you must also demonstrate that you entered into the marriage in good faith and not for the purpose of evading immigration laws.

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Form 601A Waiver- Unlawful Presence

Certain immigrant visa applicants who are relatives of U.S. citizens or lawful permanent residents may use this application to request a provisional waiver of the unlawful presence grounds of inadmissibility under Immigration and Nationality Act section 212 (a)(9)(B) before departing the United States to appear at a U.S. Embassy or Consulate for an immigrant visa interview

Since March 4, 2013, certain immigrant visa applicants who are immediate relatives (spouses, children, and parents) of U.S. citizens can apply for provisional unlawful presence waivers before they leave the United States for their consular interview.

Individuals who are not eligible to adjust their status in the United States must travel abroad and obtain an immigrant visa. Individuals who have accrued more than 180 days of unlawful presence while in the United States must obtain a waiver of inadmissibility to overcome the unlawful presence bars under section 212(a)(9)(B) of the Immigration and Nationality Act before they can return.

The provisional unlawful presence waiver process allows those individuals who are statutorily eligible for an immigrant visa (immediate relatives, family-sponsored or employment-based immigrants as well as Diversity Visa selectees); who only need a waiver of inadmissibility for unlawful presence to apply for that waiver in the United States before they depart for their immigrant visa interview.

Eligibility Requirements

1. Be physically present in the United States to file your application and provide biometrics;

2. Be 17 years of age or older;

3. Be in the process of obtaining your immigrant visa and have an immigrant visa case pending with DOS because you:

Are the principal beneficiary of an approved Form I-130, Petition for Alien Relative; an approved Form I-140, Petition for Alien Worker; or an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant who has paid the immigrant visa processing fee;

Have been selected by DOS to participate in the Diversity Visa Program (that is, you are a Diversity Visa Program selectee);

Are the spouse or child of a principal beneficiary of an approved immigrant visa petition who has paid the immigrant visa processing fee to DOS;

4. Be able to show that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or spouse or parent who is a legal permanent resident;

5. Believe you are or will be inadmissible only because of a period of unlawful presence in the United States that was:

More than 180 days, but less than 1 year, during a single stay (INA section 212(a)(9)(B)(i)(I));

1 year or more during a single stay (INA section 212(a)(9)(B)(i)(II));

Meet all other requirements for the provisional unlawful presence waiver, as detailed in 8 CFR 212.7(e) and the Form I-601A and its instructions.

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Form N-400- Citizenship

Naturalization is the process through which individuals not born as citizens of a particular country acquire citizenship rights and privileges. This process typically involves fulfilling certain requirements set by the country's government, including a residency requirement, language proficiency, and demonstrating good moral character.

Naturalization provides individuals with various benefits, such as the right to vote, access to social welfare programs, and protection under the country's laws. While the specific requirements for naturalization may vary depending on the country, the overall goal is to ensure that individuals seeking citizenship are committed to the values and responsibilities associated with being a citizen. By undergoing the naturalization process, individuals can become full-fledged members of society, enjoying all the rights and responsibilities that come with citizenship.
Acquisition of citizenship refers to the process by which individuals acquire citizenship at birth or through other means, such as through their parents or marriage. There are several ways in which citizenship can be acquired, including jus soli (birthright citizenship based on being born in a particular country) and jus sanguinis (citizenship acquired through parents' nationality). In some cases, individuals may also be eligible for citizenship through marriage to a citizen of a particular country. The requirements for acquisition of citizenship vary between countries, and it is important to understand the specific laws and regulations of the country in question. Freedom Law, LLC can help keep you informed once you and your family are granted citizenship.

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375 Gorham StreetLowell, MA 01852

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