George & Marzialo, PLLC: Your Family EB-5 Lawyer Team 

Being separated from your family can be difficult, and while the immigration and naturalization process may seem challenging, it is and has always been supportive of the family unit. In fact, the most common way to apply for immigration benefits is through a familial relationship with a person already in the US. 

As detailed by the U.S. Department of State’s (DOS’s) Bureau of Consular Affairs, a foreign citizen seeking to live permanently in the United States must have an immigrant visa (IV). To be eligible to apply for an IV:

• The foreign citizen applicant must have the sponsorship of a person who meets the requirements to be categorized as an immediate relative, as explored below;
• The “immediate relative” sponsor must be a minimum of 21 years of age and;
• The sponsor must be a US citizen or a US lawful permanent resident (meaning they hold a green card). 

Acquiring the legal right to live and work in the United States and becoming a citizen requires navigating complex applications and processes that can take many years to finalize. Minor mistakes on your application can lead to lengthy delays, and willful misrepresentation can result in fines, criminal charges, and inadmissibility. 

To support the success of your family’s immigration goals, it is best to work with an experienced family immigration Lawyer who knows the process well. We do—because we’ve been there, too. 

The experienced family immigration Lawyers from George & Marzialo, PLLC are from three continents. We can speak with our clients in six languages: English, Georgian, Gujarati, Hindi, Russian, and Spanish. We each have our own immigration story, and we want to help you with yours.

Complex Government Statutes Govern Your Family’s Immigration Goals 

The Immigration and Nationality Act (INA), enacted in 1952, is part of the United States Code (U.S.C.). The INA is in Title 8, which applies to “aliens and nationality.” The collection of laws under Title 8 governs immigration, nationality, naturalization, and various other aspects related to the right to be present in the US.

The INA has established a limit on the number of family-based immigrant visas issued to foreign nationals each year. The DOS has the authority to allocate these immigration visas, while US Citizenship and Immigration Services (USCIS) plays a significant role in determining who is eligible for immigrant visas.

There are two main categories of family-based immigrants: (1) Immediate relatives and (2) the family preference system. 

The category that members of your family are placed in will determine the immigration benefits available to them. One of the main differences between family members processed as immediate relatives and those processed through the family preference system is time. Immediate relatives are not required to wait in line to receive eligibility for visas. 

There are several more complex differences between how your immediate relatives and those processed through the family preference system will be treated. 

Your family EB-5 Lawyer will carefully review the facts and circumstances relevant to your family’s applications and advise you on how their categorization will impact your options. 

“Immediate Relative” Categorization and Eligibility 

To take advantage of this categorization, the petitioner or individual with legal immigration status in the U.S.. must be a US citizen. “Immediate relative” status is limited to the citizen applicant’s following relatives: 

• Spouse 
• Unmarried children of the citizen, so long as they are under 21 years old 
• Parent, only in instances when the applicant is aged 21 years or older 

Under the U.S.C. Title 8, the following factors are considered when determining if certain aliens are considered immediate relatives: 

• The alien’s age on the petition’s filing date
• The applicant’s age on their parent’s naturalization date 
• The alien’s age on the date of marriage termination, applicable when the alien is a married son or daughter of a citizen and that was the basis for their classification 

The INA or other US government agencies do not place a limit on the number of immediate relatives who may be accepted as immigrants into the U.S. each year. 

Immediate Relatives Enjoy Additional Legal Protections 

Your family members who receive immediate relative status are also protected from certain issues that could lead to inadmissibility or being barred from the US. For example, when an immediate relative has entered the US legally, they are exempt from the following grounds of “inadmissibility”: 

• Violating the immigration status on which they entered
• Overstaying their visa 
• Accepting employment without the proper authorization 

These actions can lead to legal issues that cannot be effectively challenged for other categories of immigrants. To support your best chances at achieving immediate relative status for your family members, reach out to a family EB-5 Lawyer. 

About Family Preference Visas 

Relatives who do not qualify under the immediate relative category may still be eligible to apply for immigration benefits through the family preference visa process. For example, sibling relationships are commonly used to pursue immigration benefits through this method. The purpose of a family preference visa is to enable US citizens and lawful permanent residents to petition for their family members outside of the immediate relative category. 

Family preference is broken into four categories:

• Family Preference Category 1 (F1) – unmarried sons and daughters, 21 years of age or older 
• Family Preference Category 2 (F2A and F2B) – split into two categories: F2A, spouses and children of permanent residents; and F2B, unmarried sons and daughters (21 or older) of permanent residents 
• Family Preference Category 3 (F3) – married sons and daughters of US citizens 
• Family Preference Category 4 (F4) – siblings of adult US citizens 

The application process for a family preference visa is more complex than for immediate relatives. There is no yearly quota for this type of visa, so the success of your family preference visa will depend upon the evidence provided and the accuracy and effectiveness of your application. 

An experienced family EB-5 Lawyer can advise you on how to best take advantage of this opportunity for your loved ones who do not qualify under the immediate relative category. 

How to Legalize Non-Immediate Family Members’ Stay 

An immigrant may remain in the US after filing Form I-485 as long as the I-485 petition is pending adjudication. If a Form I-130 is filed alone, however, no status is provided for those who cannot immediately access an available visa. This means the applicant cannot stay in the US while their application is pending. 

Any non-immediate relatives categorized under family-sponsored preference must wait for their priority date to become current before filing for adjustment. They must also wait for a current priority date before proceeding with consular processing. 

There are ways non-immediate family members can remain in the US if, after entering as visitors, they file for a change of status. Through certain changes of status, they may be permitted to stay in the US lawfully while waiting for their priority date to become current. 

For example, if the family member of the petitioner is present in the US under a non-immigrant status, like an F-1 student visa or another non-immigrant visa category, the family member could adjust their status when a visa becomes available. 

The best way to go about this process is to work with a family immigration Lawyer with knowledge and experience in helping other clients achieve the same goals, such as the family immigration Lawyers at George & Marzialo. 

Annual Quotas for Visas and Wait Times 

The DOS clarifies that, while there is no limit to the number of visas granted each year to persons who fall under the immediate relative category, there is a limit for the family preference category. 

United States Code Title 8 Ch. 12(2)(c) clarifies that, for any fiscal year, the number of family-sponsored immigrants allowed into the US will not be less than 226,000. This number is then broken into the four family petition categories outlined above. 

While the numbers vary each year, the following is a consideration of recent data to demonstrate the odds your family member might be facing. 

Family Preference Category 1 

The wait time for family members who fall under this categorization varies depending on their country of origin. For example, the wait time for individuals from Mexico is presently over 20 years, more than 14 years for applicants from the Philippines, and over 7 years for applicants from mainland China and other countries. 

Your family EB-5 Lawyers will have the most up-to-date information when exploring options for your family member. 

Family Preference Category 2 

This particular category, at the moment, is classified as “current.” This means that if a legal permanent resident’s spouse, child, or unmarried adult child applies, there will be no extended wait time for their application; it will be processed similarly to an immediate relative application.

Family Preference Category 3

This category is for the married sons and daughters of US citizens hoping to gain an immigration benefit. The wait time for all nations except the Philippines and Mexico is about 10 years. For Mexico and the Philippines, the wait time often exceeds 20 years. 

Family Preference Category 4 

The brothers and sisters of US citizens have the longest wait time of all the family preference categories. 

For all countries, except Mexico and the Philippines, the wait time is approximately 14 years. Those from Mexico in this category have a wait time of 13 years, and for the Philippines, the wait time is more than double that: over 26 years. 

Issues, errors, omissions, and other missteps can add additional delays to your relatives’ family preference application process. To ensure that the application proceeds as quickly as possible, we recommend getting help from an experienced family EB-5 Lawyer from George & Marzialo. 

Reach Out to a Family EB-5 Lawyer

While paperwork, laws, and regulations that relate to immigration can be researched, experience is still the best teacher. Many of the essential steps you must take to secure your status in the US will require you to deal with several applications and processes. 

For example, gaining immediate family member status for a relative in the period following the termination of marriage could have implications on the relative’s classification. The validity of the marriage contract could be called into question. When elements of your application are not carefully put together, the risks involved can go beyond having an application denied and could even lead to criminal charges or inadmissibility status for your relative. 

The highly experienced Lawyers at George & Marzialo are intimately familiar with the best strategies and practices to support success in your applications. Our Lawyers have a 100% success rate in our hundreds of EB-5 applications, and we’ve helped hundreds of other clients achieve their family-related immigration goals in the US. 

To learn how we can help, connect with a family immigration Lawyer at George & Marzialo. We’ll begin with an initial consultation to learn about your current situation, as well as your short- and long-term goals. 

Our Lawyers are from three continents and speak six languages, but perhaps most importantly, we have been where you are now – questioning your immigration status and wondering what options are available to you. 

Speak With an Experienced Family EB-5 Lawyer at George & Marzialo 

Contact our firm to speak with a family EB-5 Lawyer and learn more about how we can help you and your family with all of your legal immigration needs.