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Austin U Immigrants May Seek Permanent Status On Behalf Of Their Family Members

Immigrant familyThis is the next post in my series on how Austin immigrants may be able to stay in the country through the use of a U visa. My last post discussed the requirements a U immigrant faces when seeking permanent status. I stressed the need to fully cooperate with law enforcement while on U status. In this article I will be discussing how one’s family may also gain permanent status in the U.S. If you are an Austin area on a U visa and wish for your family to gain permanent status, then contact our immigrations lawyers immediately.

The family members of a U immigrant, who have already obtained “derivative U status” in the United States may apply for permanent status. Such family members, wishing to apply for permanent status, must meet the following criteria:

  • One must have been in the United States for three years through a derivative U visa
  • One must not have interfered with law enforcement’s criminal investigation while in the country on U derivative status
  • One must not be otherwise ineligible for a green card
  • One must establish that their presence in the US is necessary on humanitarian grounds or to ensure family unity

One of the keys to this standard is the establishment of family unity. It will be important to make a case that family members and the U immigrant would not be able to maintain meaningful ties or a meaningful relationship if the family did not remain together. It will be important, therefore, to demonstrate the closeness of a family unit and the ties between family members. Having counsel to assist you with this process can be of assistance.

The second situation where family members of U immigrants can apply for permanent status is when a family member has never held “derivative” status. Family members eligible to apply for such status include parents, children, and spouses of the U immigrant. It must be demonstrated that the family member would suffer extreme hardship if not allowed to remain in or enter the United States. This hardship may take a number of forms – it may include emotional distress, financial harm, or other ways in which the family member will be harmed. Family members wishing to apply for a green card, under these provisions, must file form I-485.

As with those in the country on a “derivative” status, non-derivative applicants can use a number of factors to establish hardship. It will be necessary to show the strength of family ties, of family history, and that the family member seeking legal status is not simply a person who happens to be connected by blood.

Our Austin, Texas immigration lawyers assist the family members of U immigrants who are attempting to gain permanent status in the United States. We assist with making a case for the strength of family ties. Contact us today to speak with an attorney.

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