Family Based Immigration

Whether you've attained United States citizenship or permanent residence, you might find yourself missing close relatives who still reside in your home country. Fortunately, there may be a way to bring them to the U.S. to live with you, as long as you meet certain criteria and hire an experienced family immigration attorney for help. When you hire us for family-based immigration assistance, you'll have the undivided attention of a skilled family immigration lawyer who truly understands the importance of welcoming your loved ones to the country that you now call home.

The relatives you can bring to the U.S. vary depending on whether you're a citizen or a permanent resident. If you're a U.S. citizen, you can use the Immediate Relative visa to sponsor your spouse, parents, or biological and adopted children who are unmarried and under age 21. This is often considered the preferred visa for citizens since there is no limit on the number of Immediate Relative visas that the U.S. issues every year.

U.S. citizens who want to bring non-immediate relatives to this country can use the Family Preference visa to sponsor siblings, married children, and unmarried children who are 21 and older. If you're not a United States citizen but have permanent residence in the U.S., Family Preference visas are also available so you can bring your spouse and unmarried children to this country through family immigration.

One detail to know about Family Preference visas is that the government only gives a limited amount every year, so there is often a waiting period that varies depending on the family preference category that applies to your case. The family preference categories are as follows, from highest to lowest preference:

• The adult unmarried children of U.S. citizens
• The unmarried adult children, minor children, and spouses of lawful permanent residents
• The married sons and daughters of U.S. citizens, as well as their spouses and minor children
• The siblings of United States citizens, as well as their spouses and minor children

United States citizens can also bring their fiancé to this country shortly before the wedding. This is possible through the K-1 visa, also known as the fiancé visa. To qualify for this, you must get married within 90 days of your fiancé's arrival in the U.S. After the wedding, you can petition to adjust their status in this country so they get permanent residency as green card holders.

If you're a U.S. citizen or lawful permanent resident who married someone from another country, you might be thinking about settling down with your new spouse in the U.S. To do so, you'll need to apply for a marriage visa so they can come to the U.S. and become a lawful permanent resident. Of course, immigration law can be difficult to understand on your own, so you should consult an experienced immigration attorney before you begin the marriage visa process.

The marriage visa available to your foreign spouse depends on your legal status, since citizens and permanent residents are eligible to apply for different spouse visas. The main options are the CR-1, IR-1, and F-2A visas, with K visas being available to U.S. citizens who are engaged to foreign nationals and wish to marry them in the U.S.

If you're a U.S. citizen planning to sponsor your spouse so they can come to the U.S. to live, you can apply for the CR-1 visa as long as you've been married for under two years. If you've been married longer than two years, you can apply for the IR-1 visa.

If you're a permanent resident, you can sponsor your foreign national spouse with the F-2A visa. The application process and immigration benefits of this marriage visa are similar to those of a CR-1 visa, except that it can take longer for the F-2A visa to be approved.

If you're not married yet and you're a U.S. citizen, you can apply for a K-1 visa to bring your fiancé to the U.S. This visa requires you to get married within 90 days of your fiancé's arrival. After that, you can send in an application to adjust their status so they get permanent residency.

If you're an American citizen applying for the CR-1 visa, the application process should take about one year. Once your spouse gets their marriage-based visa to come to the U.S., they'll get a conditional green card. After you prove you have a bona fide marriage valid in the country where you got married, the conditions of the green card will be removed. Note that if you pursue the IR-1 spouse visa, your spouse will get a regular marriage-based green card with no conditions on it.

If you have lawful permanent resident status in the U.S. and pursue the F-2A for your spouse, the immigration process will likely take longer than it does for a CR-1 or IR-1 visa. In many cases, it could take two or more years.

Most people who entered the U.S. without inspection, overstayed a visa, or worked without authorization must finish their residency case at a U.S. consulate abroad. That path:

• Triggers the 3-/10-year unlawful-presence bars
• Requires a hardship waiver
• Forces applicants to spend years waiting for decisions and then leave the U.S. without being guaranteed re-entry

The INA allows qualified applicants to file Form I-485 (Adjustment of Status) entirely inside the U.S. — no unlawful status waivers, no airport goodbyes, no consular uncertainty.

Regardless of your situation, we can provide the guidance needed to help you legally fight for your right to remain in the United States.

A conditional permanent resident receives a Green Card valid for two years. After two years, it is necessary to prove that the marriage was not entered into for the purpose of receiving permanent residence. Permanent residents must file a petition to remove the conditions on their permanent resident status within the 90-day period before the conditional Green Card expires.