Family-Based Immigration
Family unification is a long-standing goal of the United States Citizenship and Immigration Services (USCIS). U.S. citizens can petition to immigrate family members including their spouses, children, parents and siblings. Legal permanent residents, or green card holders, can petition to immigrate their spouses, children under 21 years, and unmarried sons and daughters. The Family Section at DMCA has successfully helped thousands of family members to immigrate. Our practice has extensive experience handling a variety of complex issues. DMCA assists families, created by marriage or adoption, navigate the immigration process successfully.
Other Non-Immigrating Visas
Visitor Visas: A visitor visa is a nonimmigrant visa to enter the U.S. temporarily for business (B-1 visa) or pleasure, tourism or medical treatment (B-2). Visitors from qualified countries coming to the U.S. for 90 days or less may be eligible to visit the U.S. without a visa if they meet the visa waiver program requirements.
Student Visas: An F-1 visa allows a foreign national to enter the U.S. as a student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. M-1 visas allow foreign nationals to study in vocational or other nonacademic programs (other than language training). In addition, spouses or dependents holding other nonimmigrant visas are usually allowed to attend school while in the U.S.
Exchange Visitor Visas: In order to apply for a J-1 nonimmigrant visa, the foreign national must first be accepted into an established exchange visitor program that is Student and Exchange Visitor Program (SEVP) certified. Among others, the exchange visitor category includes students, short-term scholars, teachers, camp counselors, au pairs, government visitors, professor and research scholars, and interns. A J-1 visa holder’s spouse and children under the age of 21 are eligible to come to the U.S. on J-2 visas. J-2 dependents are eligible to apply for work authorization or attend school.
Special Programs
Family Unity: Certain family members of people who legalized through the Immigration Reform and Control Act (IRCA), IMMACT 90, or the Legal Immigration Family Equality (LIFE) Act, may be eligible for benefits under the Family Unity Program, which allows families to stay together in the U.S. while waiting to complete their permanent residency process.
Temporary Protected Status: Sometimes wars or natural disasters make it unsafe for people in the U.S. to return to their country of origin. Over the years, the U.S. government has allowed foreign nationals to apply for Temporary Protected Status (TPS) when these situations occur. The U.S. Department of Homeland Security (DHS) determines the grant of TPS and defines who, from that country, will be allowed to stay temporarily in the U.S. until the conditions return to normal.
Nicaraguan Adjustment and Central American Relief Act (NACARA): After October, 2000, NACARA permitted qualified, battered family members of NACARA beneficiaries to apply for relief, regardless of their country of origin. Today, certain qualifying family members of NACARA recipients may also be able to adjust status.
Qualifying family members are spouses and children who were unmarried and under 21 years old when their parent received a green card through NACARA.
Humanitarian Parole: Humanitarian parole is a very limited program that may allow a foreign national who does not qualify for a visa, or does not have time to apply for a visa, to come into the U.S. for an emergency situation or for humanitarian reasons. Examples include the death or terminal illness of a family member in the U.S. or your own serious medical condition that can only be treated here.