New York
Family Based Petition
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If a family member doesn’t fall into this category, they will face serious time restrictions and number limitations. It is also important to understand that there are different preference categories. For example, first preference would go to unmarried children of a U.S. citizen, while spouses and children of lawful permanent residents would get second preference. Third preference is given to married children of U.S. citizens, with the waiting period being over seven years for most countries (except for Mexico and the Philippines). Lastly, fourth preference is given to siblings of U.S. citizens, with nearly a 12-year delay for all countries.

Those who are immediate relatives of a petitioner who is a citizen, not a legal private resident, have advantages over the preference categories mentioned.

What Is the Process for Getting a Family-Based Green Card in New York? 

If you are living abroad or in the United States and are a family member of a lawful permanent resident or a U.S. citizen who meets certain family-relationship criteria, then that person will need to file an I-130 Form on your behalf with the USCIS either by mail or online. The I-130 is known as a family-based petition to get you LPR status. 

Depending on your relationship with the petitioner, they will need to submit specific supporting documentation, such as your birth certificate and evidence that they can financially support you. If filed online, the application status can be viewed through the relevant web portal, and a decision will eventually be presented. A dedicated New York family-based petition lawyer from the Law Offices of Robert Tsigler, PLLC, can assist you with each step of the process. 

FAQs

How Much Does a New York Immigration Lawyer Cost? 

Immigration lawyers typically charge a rate of $100 to $600 per hour, and these rates vary based on factors such as the location of the law firm, the experience of the legal representative, and the complexity of your case. In certain cases, immigration lawyers may prefer to charge a lump sum for certain services, such as updating immigration status or applying for citizenship. The cost of a case can range anywhere from $1,000 to $20,000. 

Do I Need a Lawyer to Get My Wife a Green Card? 

If you are a lawful permanent resident or citizen of the United States, then you can technically apply for a green card for your spouse without hiring a lawyer. However, it is generally advisable to hire legal counsel, as they can help ensure that you meet all the eligibility requirements and adequately fill out the required paperwork, with supporting documents and evidence. They can also help you navigate complex legal immigration processes to ensure that your application does not have any delays in processing. 

Do I Need an Attorney to Petition for My Parents? 

If you are a U.S. citizen living in the United States, then you can submit a petition for your parents to get a family-based immigration visa to join you in the country. A lawyer can help support you with this process, ensuring that all deadlines are met and that the paperwork is adequately submitted to avoid any delays. Lawful permanent residents are not eligible to petition for their parents to move to the U.S. If you are an LPR, it is advised to work toward acquiring citizenship so that you can get this benefit. 

Can a Lawful Permanent Resident Petition for Their Child Under 21?

Yes, lawful permanent residents and U.S. citizens can petition for their unmarried children under the age of 21 to come to live in the United States with them. However, for lawful permanent residents, this type of family relationship is not in a priority category, so there is a limited number of this visa type that can be granted each year. This means that wait times can be quite long. A New York family-based petition lawyer can let you know the wait times you can expect for your particular case.