Family Based Immigrant Visas
With over three decades of experience representing individuals and families in immigration matters, we take the time to understand your specific situation. Whether your case is routine or challenging, we do our best to pursue every avenue to find the best solutions.
There are several ways to get lawful permanent residence through family members. It’s not always clear what immigrant visa category applies, or what process to follow. We help you choose the right path and ensure a smooth process to get your petition approved.
Family Preference Immigrant Visas
- First Preference (F1): unmarried sons and daughters of U.S. citizens and their minor children.
- Second Preference (F2): spouses, minor children, and unmarried sons and daughters (21 years and above) of lawful permanent residents.
- Third Preference (F3): married sons and daughters of U.S. citizens, and their spouses and minor children.
- Fourth Preference (F4): brothers and sisters of U.S. citizens, and their spouses and minor children. The U.S. citizen (petitioner) must be 21 years and above.
Fiancé Visa - K1
- You are a United States citizen;
- You have met your fiancée in person within the two years before filing the petition;
- You and your fiancée are legally free to be married; and
- You and your fiancée have serious intentions to marry within 90 days of your fiancée’s admission to the United States.
Filing I-485 in the USA as a visa waiver visitor
Q: My wife is a US Citizen. She filed the I-130 petition for me. We have submitted the fees and the documents to NVC and have been waiting for an interview for 18 months. I am currently in the US on a visa waiver. What should I do?
A: You can file the I-485 adjustment of status application and remain in the US while waiting for the interview. Of course, you can go back to your home country and continue waiting for the interview scheduled by the consulate.
Green Card through marriage to US Citizen
Q: Does marriage to a U.S. citizen automatically confer a green card on a foreign national?
A: No, it may take six months to two years to complete the green card process.
I-130 by USC Spouse
Q: My wife is a US Citizen. She filed the I-130 petition for me. We have submitted the fees and the documents to NVC and have been waiting for an interview for 18 months. I am currently in the US on a visa waiver. What should I do?
A: You can file the I-485 adjustment of status application and remain in the US while waiting for the interview. Of course, you can go back to your home country and continue waiting for the interview scheduled by the consulate.
I-751 Petition Pending
Q: My spouse and I filed a joint I-751 petition and it has been pending for 5 months. Can I travel outside the US?
A: Yes, you can travel overseas and return with the receipt notice, which is the proof that USCIS has automatically extended your conditional permanent resident status, and your employment authorization for 24 months.
Immigration options for a foreign national spouse
Q: What are the options for immigration if I would like to sponsor my spouse, a foreign national?
A: How the spouse can immigrate into the United States depends upon factors including:
(1) if the person is present in the United States and can adjust status or abroad and requires Consular Processing of the immigrant visa;
(2) whether the petitioner is a Lawful Permanent Resident or U.S. Citizen;
(3) the petitioner meets the income requirements for sponsorship.
Immigration options for fiancé(e) living abroad
Q: What are the options for immigration for my fiancé(e) living abroad?
A: You can sponsor the individual for a Fiancé(e) Visa Petition or marry your fiancé(e) in that country or a third country and file a spousal petition. Each option impacts the application to be filed, the evidence to be compiled, and when the person can enter the U.S.
Immigration options for sponsoring a family member
Q: What are the options for immigration if I would like to sponsor a family member to come to the United States?
A: The person may either come to the United States permanently or temporarily. How the family member can immigrate or visit the United States depends on your specific circumstances, which an immigration attorney can examine. Immigration for family members often depends upon whether the person is an immediate relative, in which case a visa is available for the individual to immigrate to the U.S. Sometimes visa wait times for non-immediate relatives can be extended (some for decades), and our Immigration Attorneys will be able to assist in formulating strategies around these wait times.
What is the difference between an immediate relative and preference family petition?
Immediate Relative (IR) Immigrant Visas
- IR-1: Spouse of a U.S. citizen
- IR-2: A United States citizen’s unmarried child under the age of 21
- IR-3: An orphan adopted abroad by a U.S. citizen
- IR-4: An orphan to be adopted in the United States by a U.S. citizen
- IR-5 A United States citizen’s parent who is at least 21 years of age