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FAMILY BASED IMMIGRATION

FAMILY-BASED IMMIGRATION VISAS

There are different options for a family member to immigrate to the United States. These options include fiancé visas, family-based preference visas, and immediate relatives of a US citizen such as spouse, parents, and children under the age of 21.

K-1 Fiance(e) visa: you may qualify for a K-1 visa if you can show that you and your fiance(e) have met in person in the past two years and intent to marry the U.S. citizen fiancé(e) within 90 days after entering the U.S. and applying for permanent residency (Green Card).

K-2 visa: available for children of a foreigner eligible for K-1 visa.

K-3 Spouse of U.S. Citizen Visa: allows a foreign spouse of a U.S. Citizen who lives abroad and already has a relative immigrant petition (I-130) pending to seek to enter the U.S. to wait for the approval of the petition as well as the subsequent legal permanent status.

K-4 visa: available for unmarried minor children (under 21 years of age) of a foreigner eligible for K-3.

FAMILY-BASED IMMIGRATION VISAS CONTINUED

Permanent family based visas are reserved to relatives of U.S. Citizens or legal permanent residents. An immigrant visa petition is a multi-step process. The first step starts with filing a Petition for Alien Relative (I-130) by the U.S. Citizens or legal permanent residents. The second step is Adjustment of Status (I-485) or consular processing for the foreign relative. A U.S. citizen can file both applications, I-130, Petition for Alien Reltaive and I-485, application to adjust status, simultaneously if the none citizen spouse is present in the U.S., has been properly admitted, and a visa is immediately available. Otherwise, the none citizen relative must go through consular processing to obtain an immigrant visa.

Immediate Family of U.S. Citizens

Immediate family members of U.S. citizens do not have a waiting list to apply for a green card. Immigrant visas are immediately available. Immediate family members include:

Spouse of U.S. Citizens
Unmarried minor children (under age 21) of U.S. Citizens
Parents of U.S. Citizens over the age of 21

Preference Categories

A family petition may be submitted for those who are not immediate family members of U.S. Citizens, but they must wait for an immigrant visa to become available. This is called a preference-based petition, and a priority date is given to determine when a visa will be given. The law categorizes preferences for non-immediate relative visas depending on the following relationships:

First Preference: Unmarried sons and daughters (over age 21) of U.S. Citizens (F1)
Second Preference: (a) Spouse and Minor Children under age 21 of Legal Permanent Residents (F2A); (b)Unmarried Adult Children of Legal Permanent Residents (F2B)
Third Preference: Married sons and daughters of U.S. Citizens (F3)
Fourth Preference: Brothers and sisters of U.S. Citizens over 21 years (F4) Each immigrant case is different, depending on the nature of marriage, relationship, country of birth, and other conditions and circumstances. Please consult our office to understand your rights and options for your case.
I-601/I-601A Waivers: If you are married to a U.S. Citizen or Legal Permanent Resident but entered the U.S. without permission, your green card/immigrant visa application process may be more complicated than you thought. Because you do not have a status in the U.S., you may be deemed “inadmissible” and unable to simply follow the above-mentioned process for a green card. However, you may be eligible to file an I601 Application for Waiver of Grounds of Inadmissibility or I-601A, Application for unlawful Presence Waiver based on evidence of extreme hardship to your U.S. citizen or legal permanent residence family members. Please consult with our attorney for further details.
There are many other grounds of inadmissibility that may result in the denial of your green card/immigrant visa application such as misrepresentation, criminal conviction among many other matters.

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