Los Angeles Immigration Lawyers Know About Primary Beneficiaries

Immigration laws constantly change and the most informed professionals who know of these updates are immigration lawyers

. Why and how do these experts know of the latest modifications in the immigration policies of the United States? These legal professionals continually check governing laws, especially when there is a major change in the U.S. administration and/or the presidency. There are also recent bills that have been passed in Congress and court legislation that has been ruled upon in the Supreme Court related to immigration policies. This makes it important for an immigration lawyer to keep up-to-date on the specific details that have been added, deleted, or modified in existing immigration guidelines.

Take for example the most recent Immigration and Nationality Act that was signed by President Obama, specifically that of Section 204(l). In this new law, a change was added to the family-based immigration clause. In the previous immigration law, a U.S. citizen is allowed to petition members of his or her immediate family. Immigration lawyers could recognize parents, spouses and children as individuals who may immediately move to the U.S. upon approval of an immigration petition. However, the old immigration law only included a provision, in case the petitioner dies while the application is still being processed by the U.S. embassy. With the change in law the primary beneficiary or the individual who is recognized as a U.S. citizens immediate relative can still retain his or her claim for a green card even after the death of the petitioner. A Los Angeles immigration attorney can help with this nuance and also provide additional information on who should be considered as eligible primary beneficiaries.

Before Section 204(l) was signed into law, the death of the petitioner did not prevent a primary beneficiary from receiving a permanent residency status in the United States, as long as the petition has already been filed with the immigration bureau. This is also known as humanitarian revalidation, wherein the processing of a petition continues for supportive reasons. Immigration lawyers in Los Angeles have gained extensive experience in dealing with cases of humanitarian revalidation, especially for children of U.S. veteran soldiers. The difference with the new immigration law is that the processing for a green card continues on even when the primary beneficiary dies. How exactly will this benefit the families of U.S. citizens? It should be understood that there are cases wherein the petitioner has died and immigration lawyers can still continue in assisting the primary beneficiary with his or her claim for permanent residency. Many of these primary beneficiaries are also married and have kids and can only petition them unless he or she has been awarded a green card. In the previous law, the death of a primary beneficiary often means the termination of processing of immigration papers for the spouse and children.

A Los Angeles immigration lawyer understands that the new immigration law allows spouses and children of a primary beneficiary who has died to still receive permanent residency statuses. Years ago this opportunity was regarded as impossible and thus shattered a number of families who were torn apart simply because the primary beneficiary passed away. Since the new law is still in its initial years of implementation, there will be an increase in the number of green cards that will be processed in the next few years, and possible cases to come to judgment. Therefore it is best to discuss your options with an immigration lawyer, especially when your family includes a petitioner or primary beneficiary who has passed away.

Another feature of the new law is that the petitions filed by the primary beneficiary do not need to be officially approved by the U.S. embassy. The simplest requirement of the new immigration law is that the primary beneficiary has filed the immigration request on behalf of his or her spouse and children. In fact this could even be a pending case. Immigration lawyers in Los Angeles can give more details on this new law, especially those related to family-based petitions, and how they relate specifically to your case.

by: Immigration Lawyer

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