Immigration Law

We know from personal experience how difficult it is for immigrant families to be separated from their loved ones for years due to immigration hurdles. We are dedicated to helping families reunite!

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Overview

One of the most common ways to obtain a “green card” is through family-based sponsorship. There are several “green card” eligibility categories available through family-based sponsorship.

Benefits

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Immediate relative of a U.S. citizen

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Other relative of a U.S. citizen or green card holder

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Fiancé of a U.S. citizen or the fiancé's child

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Widow(er) of a U.S. citizen

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Beneficiaries can access quickly

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Victim of battery or extreme cruelty of a U.S. citizen

Immediate  Relative of a U.S. Citizen

Someone can obtain a green card if they are an immediate relative of a U.S. citizen. Being an “immediate relative of a U.S. citizen” means being a:

  • spouse of a U.S. citizen
  • unmarried child under the age of 21 of a U.S. citizen
  • parent of a U.S. citizen who is at least 21 years old

There is no limit to the number of immediate relatives that can enter the U.S. each year.

If an immediate relative of a U.S. citizen entered the U.S. lawfully, they are except from certain grounds of “inadmissibility” such as overstaying their visas, or accepting employment without authorization – these reasons can typically present very serious issues for other categories of immigrants.

Other Relative of a U.S. Citizen or Green Card Holder

Family members who do not fall under the “immediate relative” category are relatives such as:

  • married sons or daughters of U.S. citizens or green card holders
  • brothers or sister of U.S. citizens or green card holders
  • unmarried sons or daughters who are 21 years old or older of U.S. citizens or green card holders.

This second category of relatives are unfortunately subject to a “cap” on the number that can be admitted each year. Depending on the country, many of these relatives have to wait for years before a visa can become available.

Fiancé of a U.S. Citizen or Child of the Fiancé

  • The fiancé of a U.S. citizen or the fiancé’s child is the 3rd category of relatives. Although the fiancés of U.S. citizens are not subject to a “cap,” they are subject to conditional permanent residence.
  • Someone who has been granted lawful permeant residence (i.e., a “green card”) based on a marriage that occurred less than 2 years before the immigrant’s green card application was approved is subject to a conditional permanent residence.
  • When the fiancé is granted a green card after marrying a U.S. citizen, the green card will be “conditional” meaning that the couple will have to report to the United States Citizenship and Immigration Services (USCIS) 90 days before their 2-year anniversary to remove the conditions.

Widows or Widowers of a U.S. Citizen

Widows or widowers of a U.S. citizen can also obtain a green card if they were married at the time the U.S. spouse died.

Victim of Battery

Abused spouse, abused child (unmarried and under 21) or abused parent of a U.S. citizen or a lawful permanent resident can also obtain permanent residency.

DACA Renewals

ELP can assist you with your DACA Renewal by filing Form I-821D and, if eligible, Form I-765 Application for Employment Authorization. Note, USCIS charges an $85 fee for Form I-821D and $410 fee for Form I-765 (total $495).