Family Based Immigration

Family Based Immigration

Family based immigration is one of the most common ways of obtaining permanent resident status (a green card) in the United States. At the Law Office of Malathi Benjamin, we can handle all your family based immigration needs. Schedule a consultation and find out whether a family based option is right for you.

Immediate Relatives (Parents, Spouses, Children)

Parents, spouses, and children may be eligible for sponsorship into the United States. Read through the list below to see if you or a loved one fall into one of these categories:

A United States citizen petitioning for a spouse.
A United States citizen petitioning for a child under 21. “Child” includes step-child under certain circumstances.
A United States citizen, over the age of 21, petitioning for a parent. “Parent” includes step-parent under certain circumstances.
A recent widow or widower of a United States citizen.
Even if you don’t fall into an Immediate Relative Category, a Preference Category may apply to you.

Preference Categories

A United States citizen petitioning for an adult child (over 21), married or unmarried.
A Green Card holder petitioning for a spouse or unmarried child.
Brothers and sisters of a United States citizen.
Contact us today to find out if a family based option is available for you.

Fiance(e) Visas

If you are a US citizen you can petition for a visa for your fiancé(e). Once your fiancé(e) comes to the USA on a Fiancé(e) visa you must marry within 90 days and then he/she can file for adjustment of status. Contact us to find out if you and your fiancé(e) qualify for a Fiancé(e) Visa.

Same-Sex Marriages

In 2013 the United States Supreme Court ruled that section III of the Defense of Marriage Act (DOMA) was unconstitutional. This meant that federal agencies were finally required to recognize same-sex marriages as legitimate. This change to the law opened the door for same-sex couples to enjoy the same rights afforded to everyone else. If you are in a same sex relationship contact us today and to find out what immigration option is right for you.

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Breaking News:

New Law helping spouses of US Citizens

On June 17, 2024 President Biden signed a new law which will help thousands of undocumented spouses of US Citizens apply for permanent resident (green card) status without having to leave the USA. This is not an amnesty and applicants will have to qualify for the new process (Parole in Place). What we know so far in terms of qualifying requirements is as follows:

  1. The applicant must be present in the USA, without having been legally admitted
  2. Must have been continuously present in the USA for at least 10 years as of June 17, 2024
  3. Must be legally married to a US Citizen as of June 17, 2024
  4. Must not have a criminal history which would disqualify them
  5. Must not be a threat to national security or public safety
  6. Must warrant a favorable exercise of discretion


Minor children of the qualifying spouse may also be considered for parole.

BEWARE OF SCAMS. The application process is not yet open and we have to wait for more information from the USCIS before we can file for this benefit.