Family Based Immigration

The modern world presents us with opportunities all over the globe, and maintaining family ties can be a challenge. We understand that beyond all of the forms, statutes and policies, are people who want to be together. That's why uniting family members has always been a highlight of our work.

We represent many clients who immigrate to the U.S. based on their relationship to a U.S. citizen. Depending on what type of relationship it is and when the sponsorship was initially filed with the government, there are many different things to consider. We are happy to lead our family-based clients through this process and help remove the uncertainty they may face.

Our experience with family-based immigration includes the following:

U.S. Citizens and Their Fiancés/Fiancées

K-1 Nonimmigrant Visa Category

A U.S. citizen who wishes to marry a non-U.S. citizen or permanent resident can help their fiancé(e) obtain permanent residence in different ways. The process is referred to as K visas.

K-1 and K-2.

The K-Visa categories are for a U.S. citizen’s alien fiancé/fiancée and their accompanying children (K1 visas and K2 Visas) The K-1 visa allows the US citizen’s fiancée to come to the US to marry the US citizen. The K-3 visa was created to allow the alien spouse to come to the US and live with their spouse in the United States.

The K-1 Visa is intended for the foreign fiancé/fiancée of a U.S. Citizen and the K-2 Visa is intended for any children that may want to accompany the foreign fiancé/fiancée. This visa lets your fiancé(e) enter the United States for 90 days so that your marriage ceremony can take place in the United States. Once you marry, your spouse can apply for permanent residence and remain in the United States while we process the application. For example: U.S. citizen Steve Smith has a fiancée, Hoa, who lives in Saigon, Vietnam. Steve wants to be able to marry Hoa here in the United States and start a new life with her and her son, Tran. Once Steve proposes marriage they should start the visa process, which is Steve will need to start the application process for the K-1 Visa to petition for his fiancée to be able to immigrate to the United States and the K-2 Visa to allow her son, Tran, to come to the U.S. too.

K3 and K4 Visas.

The K-3 visa is intended for an alien spouse of a U.S. Citizen, who resides overseas, to immigrate to the U.S. (and the K-4 Visa is intended for any children that the alien spouse may have and bring them over to the United States).

If you need assistance with these types of K-Visas, please contact us.

If your fiancé(e) is already in the United States in another legal immigration status and you want to marry in the United States, see U.S. Citizens and Their Spouses

U.S. Citizens and Their Spouses
If you are married to a U.S. citizen, you are immediately eligible to apply for Permanent Resident status based as a "first-preference" consideration for an immigrant visa number. Foreign national spouses, regardless of their country of birth or nationality, are considered first in line for immigrant visa numbers and are always able to immediately file for the Green Card based solely on the marriage relationship. This is generally the fastest route to Permanent Resident status. Depending on how long you have been married to a U.S. citizen, you might be granted Conditional Permanent Resident status. In that case, you would need to apply for removal of the conditions within two years of your originally applying for the marriage-based Green Card, so you are granted full Permanent Resident status. We assist with both of these steps.

U.S. Citizens and Their Parents and Children
As with spouses of U.S. citizens, the foreign national parents and children (under 21) of U.S. citizens are also immediately eligible to apply for Permanent Resident status. This can be done by filing applications with the USCIS in the U.S. or at a U.S. Consulate abroad through the Department of State.

A Note on Limitations and Delays
The U.S. Congress has historically placed a great emphasis on the family-based immigration process and allowing individuals who have immigrated to, or naturalized in, the U.S. to sponsor their families for Permanent Residence so that the families are united. Although uniting families is the goal, the law provides for a limited number of family-based immigrant visa numbers to be made available each year.

As with employment-based Permanent Residence, Immigrant Visa numbers are distributed so that no one country dominates the immigrant visa use and no one preference category absorbs the month's, or year's, allotment too quickly. Individuals from countries with larger immigrant populations to the U.S. can therefore expect longer wait times until an immigrant visa number is available for him/her.