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Family-based immigration allows U.S. citizens or lawful permanent residents to sponsor certain relatives for permanent residency (green card).

Immediate Relatives
Close relatives of U.S. citizens may obtain residency faster. These include:

• Spouse (IR1)
• Children under 21 (IR2)
• Parents of U.S. citizens (IR5)
• Adopted children (IR3, IR4)

Benefit: They may adjust status within the U.S. without leaving, if they entered legally, have a visa available, and are not inadmissible

Family Preference Categories
Relatives who are not “immediate” fall under the Department of State Visa Bulletin wait system:

• F1: Unmarried sons/daughters over 21 of U.S. citizens
• F2A: Spouses/children under 21 of permanent residents
• F2B: Unmarried sons/daughters over 21 of permanent residents
• F3: Married sons/daughters of U.S. citizens
• F4: Siblings of U.S. citizens

Important: You cannot ask grandparents, in-laws, uncles or cousins directly

Note: If the relative does not qualify to adjust status within the U.S., they may require additional procedures (such as immigration forgiveness or consular processing

The Immigration Court handles removal (deportation) cases under the Department of Justice. A person may end up in court after an encounter with immigration authorities if they do not have legal status in the U.S.

Types of Hearings

• Master Hearing: First phase, charges and defenses are presented. The judge schedules further hearings.
• Individual Hearing: Final hearing to defend the case and request an immigration benefit.

Appeals
The judge’s decision can be appealed within 30 days to the Board of Appeals, which can uphold or reverse the ruling.

Common Defenses to Removal

• Dismissal/Termination: The government does not prove removal or the person qualifies for another benefit.
• Administrative Closure: Temporary pause to apply for another benefit.
• Asylum: For fear of persecution based on race, religion, nationality, political opinion, or social group.
• Withholding of Removal: For those who do not qualify for asylum but would face torture in their home country.
• Cancellation of Removal (Nonresidents): More than 10 years in the U.S., good moral character, and extreme harm to family members with legal status.
• Cancellation of Removal (Residents): More than 5 years as a resident, 7 years of physical presence, and no aggravated felonies.
• Adjustment of Status: Apply for residency before a judge if you entered legally and a visa is available.

Motions to Reopen
To reopen cases closed for reasons such as lack of notification, changes in the law, new benefits, or drastic changes in the country of origin.

Important: Failure to attend the hearing may result in deportation in absentia

Process by which a lawful permanent resident becomes a U.S. citizen.

Eligibility

• General Rule: Apply 90 days before completing 5 years of residency.
• Spouse of U.S. Citizen: Apply 90 days before 3 years if still married and living together.
• Military Service: Eligible with 1 year of service, or during wartime.

Key Requirements

• Continuous physical presence in the U.S.
• Good moral character.
• File taxes and maintain payment plans.
• No serious criminal record.
• Meet child/spousal support obligations.

A waiver allows inadmissible individuals to apply for visas or permanent residency.

Common Grounds of Inadmissibility

• Illegal entry
• Overstaying visa
• Unlawful presence over 180 days
• Prior removal/deportation
• Fraud or criminal acts
• Missing a court hearing
• Contagious diseases or lack of vaccines
• Public charge or fraudulent asylum

Types of Waivers

• I-601: Waives unlawful presence, fraud, crimes, or medical issues.
• I-601A: Waives unlawful presence before embassy appointment.
• I-212: Waives prior deportation/removal bars.
• I-192: For U/T visa applicants or other inadmissible nonimmigrants.
• I-193: For residents reentering without passport/visa.
• I-602: For refugees deemed inadmissible.
• I-612: For J-1 holders avoiding 2-year home residency requirement.

Key Requirement:
Many waivers require proof that a U.S. citizen or resident relative would suffer extreme hardship without the waiver.

For those fearing return to their country due to persecution based on race, religion, nationality, political opinion, or social group.

• Asylum: Applied for within the U.S.
• Refugee: Applied for from abroad.

Forms of Persecution

• Race: Systemic discrimination (e.g., Apartheid, genocide).
• Religion: Restrictions on practicing faith.
• Nationality: Persecution of minorities or foreign-born.
• Political Opinion: Punishment for opposing views.
• Social Group: Recognized family, LGBTQ+ community, gender, journalists, union members, disabilities.

Bars to Asylum

• Filed after 1 year without excuse
• Prior asylum denial
• Permanent residence in third country
• Participation in persecution, serious crimes, terrorism
• National security risk

Evidence Needed
Police reports, news articles, NGO letters, country condition reports, testimony.

Work Permit
Eligible 150 days after filing.

For victims of certain crimes who assist law enforcement in investigation/prosecution.

Qualifying Crimes
Domestic violence, sexual assault, kidnapping, trafficking, homicide, blackmail, torture, involuntary servitude, fraud in labor contracts, and others.

Requirements

• Victim of a qualifying crime
• Provide useful information
• Cooperate with law enforcement (certification required)

Benefits

• Work permit after USCIS certification
• Permanent residency possible after 3 years

Grants temporary legal stay for certain relatives of U.S. military personnel or veterans, even if they entered unlawfully.

Eligible Relatives
Spouses, widows, parents, and children of:

• Active-duty military
• Reservists
• Veterans with honorable discharge

Benefits

• Work permit valid during parole period
• Adjustment to permanent residency if married to a U.S. citizen or have citizen children over 21, meeting other legal requirements

Process to challenge negative decisions from USCIS or Immigration Court.

With USCIS

• Filed with the Administrative Appeals Office (AAO).
• It is argued that USCIS incorrectly applied the law or failed to consider relevant factors.

Appeals to the Immigration Court

• 30-day period to appeal a judge’s decision.
• The case goes to the Board of Appeals, which may uphold or reverse the decision.
• If not appealed within the deadline, the decision is final.

The Violence Against Women Act, in effect since 1994, protects victims of domestic violence, sexual assault, and gender-based violence. Applies to both women and men.

Self-Petition for Permanent Residence

• Victims who are abused spouses, children, or parents of U.S. citizens or permanent residents.
• Victims who are abused spouses, children, or parents of U.S. citizens or permanent residents.

Cancellation of Removal

• Available to individuals in removal proceedings who can prove they are victims of domestic violence.
• Must meet other legal requirements.

DACA – Deferred Action for Childhood Arrivals (Dreamers)
Allows those who entered before age 16 to stay and work legally.

TPS – Temporary Protected Status
For nationals of designated countries affected by war, natural disasters, or crises.

Stay of Removal
Temporary stop of deportation requested with ICE for humanitarian reasons.

Fiancé(e) Petitions
U.S. citizens may bring a fiancé(e) to marry in the U.S. and apply for residency.

Removal of Conditions
Conditional 2-year residents must file to remove conditions before expiration.

Consular Processing
Apply for an immigrant visa abroad to enter as a permanent resident.

Work Permits
Employment authorization for eligible applicants under temporary or specific immigration categories.

Humanitarian Parole
Sponsors may bring nationals of Cuba, Haiti, Nicaragua, and Venezuela for 2 years. Family reunification parole also available for Colombia, Cuba, Ecuador, El Salvador, and Guatemala (3 years).