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Family Immigration

One of the basic tenets underlying U.S. immigration law is promotion of family unity. Therefore, immigration law offers various types of visas for the relatives of U.S. citizens and lawful permanent residents. Family categories are based on the degree of family relationship. Once a person is classified as a family member in a particular category, the category determines the annual quota and thus the waiting time before the family member can apply for permanent residence.

Proper planning is essential as application for classification as family member may disqualify the foreign relative from obtaining certain visas to the U.S. for many years. We can advise and assist you in all types of family visa matters, including:

Green Cards based on Marriage

In addition to filing the necessary papers, we assist U.S. persons and their foreign spouses in gathering the evidence needed to prove the genuine nature of their relationship and prepare couples for the first interview with USCIS. Immigration and Citizenship Services (USCIS) officials will conduct an interview to determine if the marriage is genuine and that it was not entered into for purposes of immigration fraud. Sometimes, the married couple can be surprised or taken aback by the questions USCIS asks. We help you understand the process and prepare for a successful interview.

Removal of the Condition

If the first interview occurred before a couple’s the second anniversary, the foreign spouse’s green card will be a “conditional green card” which expires two years after it was issued.  90 days before the expiration date, a petition for removal of the condition must be made in order to make the green card permanent.  This application can be made by both spouses or – in the event the marriage was terminated by death or divorce – by the foreign spouse alone.  Preparation is critical, as USCIS will require proof that the marriage was bona fide.

The K-1 Fiancé Visa

Marriage is a big step and requires research.  The K-1 or fiancé visa is a popular type of family visa for U.S. citizens who are engaged to marry persons who are not U.S. citizens. It enables a U.S. citizen to bring a fiancé or fiancée into the country to meet the family. The marriage must take place within 90 days from the date of entry into the U.S. Following the marriage, the new spouse can apply for a permanent visa. We can help you at all stages of the process. We help you obtain a K-1 visa for your fiancé, file the permanent visa application, and prepare you for the USCIS interview.

Our Experience Can Help You Achieve Your Family’s Goals

A citizen or permanent resident can always file a family petition to obtain a visa for a family member. However, if the petition lacks the required information, it may delay the issuance of a visa. Worse yet, if it contains information prejudicial to the applicant, the petition may be rejected.

One should also consider the consequences of filing an immigrant visa petition for a relative, who has or may want to apply for a temporary visa requiring nonimmigrant intent. As the wait for a family visa may be many years, it would be a shame if the filing of an immigrant visa petition would make it impossible for your relative to obtain a tourist or student visa during that time.


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