Unfortunately, grandparents, grandchildren (by themselves), aunts and uncles and cousins are not eligible beneficiaries. Meanwhile, Lawful Permanent Residents can petition for spouses, minor children under the age of 21 and unmarried adult children over the age of 21. In addition, if a United States citizen petitions for an adult child, a parent or a sibling, that family member’s immediate family members — spouses and children — can also be included as what is called derivative beneficiaries.
United States citizens can also petition to bring their fiancées to the United States though that is a different process which we will discuss elsewhere.
The first step in consular processing is to file an Alien Relative Petition (along with the required filing fee) with the United States Citizenship and Immigration Services (USCIS) which is an agency of the Federal Department of Homeland Security. After several months, if everything is in order, the Service will approve the Petition and forward the file to the State Department and its National Visa Center for further processing. The petitioner will then have to pay the appropriate fees to the State Department and submit an Immigrant Visa Application for each beneficiary (direct and derivative). Once the Application is accepted, the next step is to file documents proving the relationship and an Affidavit of Support to the National Visa Center.
The Department will then forward the file to the appropriate consulate in the appropriate country for an interview. Once an interview is scheduled, the intending immigrant will need to get a medical examination done from a designated physician and attend his or her interview. If the interview is a success, they will receive an Immigrant Visa to come to the United States to live permanently. In addition, they will need to pay a per-person Immigrant Fee to USCIS which will produce the immigrants Permanent Resident Card — colloquially known as a “green card” — upon their arrival in the United States.
Another frequent question is, “How long does it take to get my family member here?” Again, it depends upon what type of relationship the immigrant has to the petitioner. Each month, the State Department publishes its Immigrant Visa Bulletin which indicates the petition-filed-on date at which immigrant visas are available for that particular family preference category.
One thing that immediately jumps out is that for all categories other than spouses and minor children, the waiting time for an immigrant visa to become available is a very significant number of years—in some cases, well more than a decade. And, even for spouses and minor children, the entire process often takes more than a year. So, one should be prepared to have to wait a significant period of time for their immigrant relative to actually be able to join them here in the United States. Therefore, it is essential to get this process started as soon as possible so as to not delay this unavoidable long wait and prolong separation from loved ones.
There are definitely advantages to having an attorney represent you in this process as opposed to handling it yourself since many of the forms are complex and the government gives little explanation for the types of requirements for supporting documentation that it requires. An experienced immigration attorney, however, is well-versed in these complexities and requirements.
If you have a loved one you wish to bring to the United States as an immigrant family member, contact us for a consultation. We offer a complimentary telephone conversation of up to ten minutes and, if we determine that an in-person consultation is worth it, we charge a $125.00 consultation fee, however, if you ultimately hire our office, we will apply that consultation fee toward the counsel fee.
We look forward to helping you unify your family here in the United States!
]]>“*Hiring an immigration attorney can be costly, depending on the complexity of the case, the reputation of the law firm and its geographic location. Prices can be $2,000 to file a relatively simple I-765 petition, or application for employment authorization. H&R Block is not affiliated with the USCIS or the government. H&R Block is not a law firm and does not provide legal advice. This product is not a substitute for the advice of an attorney. Prices do not include government filing fees.”
Sounds great, right? Problem is that it is not. Properly handling your immigration matter is not simply a matter of filing out forms in bulk. It takes having an attorney to give your case the proper, careful and competent attention it deserves. And, contrary to what H&R Block says, most attorneys–and particular the attorneys at this office–charge reasonable and appropriate fees.
Like we said a few months ago when we discussed the perils of preparing your Last Will & Testament out of a form service, don’t leave these critical matters to chance with someone or some entity that doesn’t have the proper legal training. Use an attorney! Contact us if your of someone you know needs help with an immigration matter.
]]>Occasionally, we will post an article addressing common questions that lay people have about the practice of law. There’s no need to be ashamed about having these questions! After all, the practice of law is very complicated. That’s why lawyers go to law school first and should spend at least a few years when they are new lawyers working under more seasoned lawyers. Furthermore, the entertainment industry often gives misleading impressions of the way the law is actually practiced. So, every now and then, we will help you get a better understanding of how the practice of law actually works.
Today, we will talk about the use of sworn, notarized statements, also known as affidavits. A very common question that many laypeople have is whether an affidavit can be presented in court as evidence in a trial. Yes, affidavits are sworn, notarized statements and that gives at least an appearance of being truthful. And, getting a witness to come to court testify may be an imposition on that witness. However, the United States Constitution and the long, established precedent of the English common law upon which American law is based, guarantees parties to litigation the right to confront and cross examine all of the witnesses against them. Cross examination entails the ability of your lawyer to ask questions of the witness testifying against you to probe the truthfulness, reliability and believability of that witness. It would be pretty hard to do that with a piece of paper, right? For that reason, courts do not allow affidavits to be presented as evidence in a legal proceeding.
Having said that, there are occasionally exceptions to this rule. In some small claims courts, the rules of that particular court may allow affidavits but usually just for the very limited purpose of affirming that other documents being submitted such as repair bills and medical records, reports and bills are true and correct. This exception is for purposes of what’s called judicial economy, or making cases go faster, and in consideration of the reality that in small claims cases, massive sums of money are not usually at stake. Furthermore, the losing party in a small claims case often can appeal to a higher court for a new trial in which the parties will not be afforded the ability to present affidavits as evidence. Another exception is in criminal preliminary hearings in Pennsylvania when the district attorney is permitted to present affidavits of some crime victims—in particular theft victims—in seeking to establish that sufficient evidence can be raised to permit the case to go to trial, not whether or not the defendant is actually guilty. Again, however, at the trial where guilt or lack thereof is decided, those affidavits are not permitted at trial and the individuals would need to come to court to testify in person.
It should also be noted that affidavits of witnesses can be permitted if both sides of the case through their lawyers agree to allow certain testimony by way of affidavit. However, that is not usually until both sides have thoroughly vetted the affidavit and its entire contents. When you see an affidavit being presented in court on television or in a movie, the process of lawyers negotiating the admission of this affidavit is usually left out. And again, the affidavit is usually for an extremely limited purpose. In criminal cases, it is not uncommon for character evidence to be submitted by affidavit, so long as the prosecutor agrees and the affidavit solely states that witness knows the defendant, his or her reputation in the community and that he or she is known to be honest, peaceful and law-abiding. Nothing more.
Granted, it may be inconvenient for a witness to come to court. Yes, it’s a disruption of his or her day and possibly the ability to go to work or attend to other matters. But, put yourself in the other side’s shoes. You want the ability to question the other side’s witnesses against you. The other side has the same right too. It’s that right the trial procedure protects in its general prohibition against the use of affidavits at trial.
If you have a case, it’s always advisable to hire a knowledgeable attorney who knows proper practice procedure and the court’s rules to make sure your case is done the right way. Contact us if you have a case in Pennsylvania or New Jersey.
]]>According to the below article in today’s Philadelphia Inquirer, Pennsylvania is one of the most dangerous states in the Union for traffic accident fatalities while New Jersey is one of the safest. For the sake of Pennsylvania motorists, here’s hoping that figure improves soon! And, for your sake, here’s hoping that an accident doesn’t happen to you in either Pennsylvania or New Jersey! But, if one does, don’t forget that we are there for you to protect your rights and to get you the compensation that you deserve for your pain and suffering and other damages. And, of course, contact our office right away!
]]>On behalf of all of us here at the Law Offices of Peter L. Johnston, L.L.C. best wishes to you and yours for a Happy (and safe) Fourth of July Weekend! We’ll be back at work after the long weekend working to protect and advance your legal rights!
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