Understanding Family Ties
Whether you are applying for a spouse, parent, child, or sibling, we understand the importance of each relationship. Our expertise covers all categories of family-based immigration, including immediate relatives and family preference categories.
Navigating the Paperwork
The immigration process can be overwhelming with its extensive paperwork and legal requirements. We help you navigate these complexities, ensuring that all forms are correctly completed and submitted on time.
Communication and Updates
We believe in keeping our clients informed. Regular updates on the status of your application and prompt responses to your queries are part of our commitment to excellent service.
U.S. immigration law permits certain noncitizens who are family members of U.S. citizens and lawful permanent residents to obtain lawful permanent resident status (Green Card) based on specific family relationships. If you are the spouse, minor child, or parent of a U.S. citizen, please refer to the Green Card for Immediate Relatives of U.S. Citizens page for application information.
Other eligible family members can apply for a Green Card through the following family “preference immigrant” categories:
- First preference (F1): Unmarried sons and daughters (21 years of age and older) of U.S. citizens.
- Second preference (F2A): Spouses and unmarried children (under 21 years of age) of lawful permanent residents.
- Second preference (F2B): Unmarried sons and daughters (21 years of age and older) of lawful permanent residents.
- Third preference (F3): Married sons and daughters of U.S. citizens.
- Fourth preference (F4): Brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).
Family Visas
Family visas are available to:
- Parents, children, and spouses of U.S. citizens – unlimited numbers
- Fiancés of U.S. citizens – unlimited numbers
- Adult children (married or unmarried) of U.S. citizens – limited numbers
- Brothers or sisters of U.S. citizens – limited numbers
- Spouses, children, and unmarried adult children of lawful permanent residents – limited numbers
Adjustment of Status:
Certain people are eligible to apply for a green card (permanent residence) while inside the United States.
An immediate relative relationship allows you to apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident at the same time your U.S. citizen petitioner files Form I-130, Petition for Alien Relative.
Consular Processing
If you are currently outside the United States and are an immediate relative of a U.S. citizen, you can become a permanent resident through consular processing.
Consular processing is when USCIS works with the U.S. Department of State to issue a visa on an approved Form I-130 petition.
Once a visa is available, you may then travel on this immigrant visa and will officially become a permanent resident when admitted at a U.S. port of entry.
The Department of State will notify you when you are eligible to apply for an immigrant visa.
If you do not apply for an immigrant visa within one year following notification from the Department of State, your petition may be terminated.
Conditional Permanent Residents
Your permanent residence status is conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence status.
Your status is conditional because you must prove that you did not get married to evade the immigration laws of the United States. To remove the conditions of your permanent residence, you must prove that you:
- Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;
- Are a child and, for a valid reason, cannot be included in your parents’ application;
- Are a widow or widower who entered into your marriage in good faith;
- Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or
- Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse.
If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident your conditional resident status will automatically be terminated and removal proceedings will be initiated against you.
Fiancés
Fiancés of United States citizens can obtain permission to enter the U.S. temporarily but are required to marry their U.S. citizen fiancé and file for permanent resident status within 90 days of entry in the United States. Children under 21 years of age are allowed to enter with the visa holder.
Widow(er)
A Widow(er) of a United States citizen are eligible to immigrate to the U.S. if you:
- Were married to a U.S. citizen at the time he or she passed away;
- Either have a pending or approved Form I-130 or you have filed a Form I-360 within 2 years of your spouse’s death;
- Are not remarried;
- Were not divorced or legally separated from your spouse at the time he or she died;
- Are able to prove that you entered the marriage in good faith and not solely to obtain an immigration benefit; and
- Are admissible to the United States.
*The attorney attends all Adjustment of Status interviews before USCIS with our clients.*