A United States Citizen or Lawful Permanent Resident may petition for qualified family members to live and work in the United States without time limitations. The petitioner’s relationship to the beneficiary determines eligibility.
An unlimited amount of green cards can be issued to immigrants who are immediate relatives to United States citizens. Immediate relatives are defined as the following:
(i) Spouses of United States citizens including recent widows and widowers
(a) Note that the application process varies depending on if you or your spouse is inside the United States in which case adjustment of status applies. However, if your spouse is outside the United States, the process is known as consular processing. We are experienced in both and will ensure that the appropriate forms are completed and supporting documents provided.
(b) Removing Conditional Residence: A green card based on recent marriage to a United States citizen, less than two years prior to getting permanent residence is issued only conditionally implying the green card expires after two years. This applies to spouses and stepchildren of United States citizens. Contact us if you are interested in lifting the conditions on your conditional residence prior to your status expiring. In short, contact us if you seek to go from conditional to unrestricted permanent resident.
(ii) Unmarried people under the age of 21 who have at least one U.S. Citizen parent
(iii) Parents of United States Citizens if the United States citizen child is age 21 or older
(iv) Stepchildren and stepparents if the marriage creating the stepparent/stepchild occurred prior to the child’s 18th birthday
(v) Parents and children related via adoption if the adoption occurred prior to the child reaching the age of 16.
Contact us if you are an immediate relative.
Congress established the Preference System for certain family members of United States Citizens or Permanent Residents who seek to petition for family members. Only a limited number of green cards are available annually. The wait is often numerous years based on place in the preference category.
The Preference Categories are as follows:
(i) Family first preference: An unmarried person regardless of age who has at least one United States citizen parent.
(ii) Family second preference 2A: Spouses and unmarried children under the age of 21 of green card holders.
(iii) Family second preference 2B: Unmarried sons and daughters who are over the age of 21 of green card holders.
(iv) Family third preference: Married people regardless of age who have at least one United States citizen parent.
(v) Family fourth preference: Brothers and Sisters of United States citizens provided the Citizen is over the age of 21.
Your United States citizen may bring you to the United States with a K-1 visa if you intend to marry him or her within 90 days of arrival. See I.N.A. § 214, 8 U.S.C. §1184, 8 C.F.R. The K-1 visa has no annual limits implying no long waiting period. You can bring your unmarried children under the age of 21 on a K-2 visa when you get a K-1 visa and they will also be able to apply for a green card when you get married.” to “Your United States citizen may bring you to the United States with a K-1 visa if you intend to marry him or her within 90 days of arrival. See I.N.A. § 214, 8 U.S.C. §1184, 8 C.F.R. The K-1 visa has no annual limits implying no long waiting period. You can bring your unmarried children under the age of 21 on a K-2 visa when you get a K-1 visa and they will also be able to apply for a green card when you get married.
The following conditions must be met in order to be eligible for a K-1 visa:
(i) The immigrant’s intended spouse must be a United States citizen instead of a permanent resident or green card holder
(ii) You and your intended spouse can legally marry implying both parties are single and of legal age to marry
(iii) The immigrant must have a genuine intent to marry the U.S. citizen petitioner after arriving to the United States
(iv) You must have met and seen each other in person within the past two years.
Contact us if you are eligible for a K-1 Visa and we will prepare and file the appropriate forms and submit the various documents.
Are you an abused or battered spouse or unmarried child under the age of 21 of a United States Citizen or Permanent Resident who refuses to petition for you? Congress in 1994 passed the Violence Against Women Act, or VAWA, I.N.A. § 204(a), 8 U.S.C. § 1154, providing abused or battered noncitizens the ability to independently self-petition for themselves via consular processing if the approved self-petitioner is outside the United States or Adjustment of Status if the approved self-petitioner is in the United States.
Eligibility Requirements for VAWA include:
(i) The establishment of a qualifying relationship via marriage
(ii) death or divorce terminated the marriage due to reasons related to the abuse at least a couple of years prior to filing the petition
(iii) your spouse lost or renounced Citizenship or Permanent Resident status within a couple of years prior to filing your petition due to a domestic violence incident or
(iv) you believed that your marriage to your abusive United States Citizen or Permanent Resident spouse was not legitimate only due to your abusive spouse’s bigamy.
Additionally, your United States Citizen or Permanent Resident spouse must have subjected you to battery or extreme cruelty during the relationship. If applying as a spouse, you may also be eligible if your child was subjected to battery or extreme cruelty. Further, you must be residing or have resided with your abusive United States Citizen or Permanent Resident Spouse.
A United States Citizen or Lawful Permanent Resident may petition for qualified family members to live and work in the United States without time limitations. The petitioner’s relationship to the beneficiary determines eligibility.
An unlimited amount of green cards can be issued to immigrants who are immediate relatives to United States citizens. Immediate relatives are defined as the following:
(i) Spouses of United States citizens including recent widows and widowers
(a) Note that the application process varies depending on if you or your spouse is inside the United States in which case adjustment of status applies. However, if your spouse is outside the United States, the process is known as consular processing. We are experienced in both and will ensure that the appropriate forms are completed and supporting documents provided.
(b) Removing Conditional Residence: A green card based on recent marriage to a United States citizen, less than two years prior to getting permanent residence is issued only conditionally implying the green card expires after two years. This applies to spouses and stepchildren of United States citizens. Contact us if you are interested in lifting the conditions on your conditional residence prior to your status expiring. In short, contact us if you seek to go from conditional to unrestricted permanent resident.
(ii) Unmarried people under the age of 21 who have at least one U.S. Citizen parent
(iii) Parents of United States Citizens if the United States citizen child is age 21 or older
(iv) Stepchildren and stepparents if the marriage creating the stepparent/stepchild occurred prior to the child’s 18th birthday
(v) Parents and children related via adoption if the adoption occurred prior to the child reaching the age of 16.
Contact us if you are an immediate relative.
Congress established the Preference System for certain family members of United States Citizens or Permanent Residents who seek to petition for family members. Only a limited number of green cards are available annually. The wait is often numerous years based on place in the preference category.
The Preference Categories are as follows:
(i) Family first preference: An unmarried person regardless of age who has at least one United States citizen parent.
(ii) Family second preference 2A: Spouses and unmarried children under the age of 21 of green card holders.
(iii) Family second preference 2B: Unmarried sons and daughters who are over the age of 21 of green card holders.
(iv) Family third preference: Married people regardless of age who have at least one United States citizen parent.
(v) Family fourth preference: Brothers and Sisters of United States citizens provided the Citizen is over the age of 21.
Your United States citizen may bring you to the United States with a K-1 visa if you intend to marry him or her within 90 days of arrival. See I.N.A. § 214, 8 U.S.C. §1184, 8 C.F.R. The K-1 visa has no annual limits implying no long waiting period. You can bring your unmarried children under the age of 21 on a K-2 visa when you get a K-1 visa and they will also be able to apply for a green card when you get married.” to “Your United States citizen may bring you to the United States with a K-1 visa if you intend to marry him or her within 90 days of arrival. See I.N.A. § 214, 8 U.S.C. §1184, 8 C.F.R. The K-1 visa has no annual limits implying no long waiting period. You can bring your unmarried children under the age of 21 on a K-2 visa when you get a K-1 visa and they will also be able to apply for a green card when you get married.
The following conditions must be met in order to be eligible for a K-1 visa:
(i) The immigrant’s intended spouse must be a United States citizen instead of a permanent resident or green card holder
(ii) You and your intended spouse can legally marry implying both parties are single and of legal age to marry
(iii) The immigrant must have a genuine intent to marry the U.S. citizen petitioner after arriving to the United States
(iv) You must have met and seen each other in person within the past two years.
Contact us if you are eligible for a K-1 Visa and we will prepare and file the appropriate forms and submit the various documents.
Are you an abused or battered spouse or unmarried child under the age of 21 of a United States Citizen or Permanent Resident who refuses to petition for you? Congress in 1994 passed the Violence Against Women Act, or VAWA, I.N.A. § 204(a), 8 U.S.C. § 1154, providing abused or battered noncitizens the ability to independently self-petition for themselves via consular processing if the approved self-petitioner is outside the United States or Adjustment of Status if the approved self-petitioner is in the United States.
Eligibility Requirements for VAWA include:
(i) The establishment of a qualifying relationship via marriage
(ii) death or divorce terminated the marriage due to reasons related to the abuse at least a couple of years prior to filing the petition
(iii) your spouse lost or renounced Citizenship or Permanent Resident status within a couple of years prior to filing your petition due to a domestic violence incident or
(iv) you believed that your marriage to your abusive United States Citizen or Permanent Resident spouse was not legitimate only due to your abusive spouse’s bigamy.
Additionally, your United States Citizen or Permanent Resident spouse must have subjected you to battery or extreme cruelty during the relationship. If applying as a spouse, you may also be eligible if your child was subjected to battery or extreme cruelty. Further, you must be residing or have resided with your abusive United States Citizen or Permanent Resident Spouse.
Family-based immigration law in the United States allows U.S. citizens and lawful permanent residents, green card holders to sponsor certain relatives for immigration.
Non-Immigrant Visas: For temporary stays, tourist, student, or work visas.
Immigrant Visas: For those wishing to live permanently in the U.S.
The processing time can vary greatly depending on the type of visa, country of application, and any delays in documentation or background checks. It can range from a few weeks to several months, or even longer for certain types of visas.
The Visa Bulletin is published monthly by the U.S. Department of State and shows the current wait times for family-sponsored and employment-based green card applications. The bulletin indicates which priority dates are being processed in each category. You can check the current bulletin at
Eligibility requirements depend on the visa type, but typically you must prove:
No, a tourist visa does not allow you to work in the U.S. If you wish to work, you would need an appropriate work visa like the H-1B or L-1.
In some cases, you can apply for an extension of your visa, B-1/B-2 tourist visa or a change of status to another type of visa such as from a student visa to a work visa. However, approval is not guaranteed, and you must meet the eligibility criteria.
If your visa application is denied, you will be informed of the reason. Common reasons include lack of evidence of ties to your home country, insufficient financial support, or previous immigration violations. In some cases, you can reapply or appeal the decision.
Yes, in numerous cases. If you have a valid visa, your immediate family members, spouse and children under 21 can apply for derivative visas to join you. This is common for work, student, or immigrant visa categories.
Overstaying a visa can result in serious consequences, including:
It’s important to apply for an extension or change of status prior to your visa’s expiration if you desire to stay longer.
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