We are in the business of reuniting families and loved ones.
Our family immigration attorney has extensive experience filing successful family based green card applications, marriage based green card applications, fiance visas (K1), removal of conditional residence petitions, and US Citizenship and Naturalization applications. Immigration Attorney Lee not only advises her clients on immigration-related concerns but also provides friendship and compassion. Our family immigration attorney considers it a priority, no matter how simple your question may be, to take the time to meet with you and put you and your family at ease through each step of the immigration process. Contact us today to see how our Family Immigration Attorney can help you.
Family Based / Marriage Based Petitions
You can become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States, or a relative who is a lawful permanent resident. The relative sponsor must meet the following two main requirements:
Requirement 1: The relative sponsor must be a citizen or lawful permanent resident of the U.S. The relatives which may be sponsored as an immigrant vary depending on whether the sponsor is a U.S. Citizen or a lawful permanent resident.
If the sponsor is a U.S. Citizen, they may petition for the following relatives:
- Husband or wife
- Unmarried child under 21 years of age
- Unmarried son or daughter over 21
- Married son or daughter of any age
- Brother or sister, if the sponsor is at least 21 years old, or
- Parent, if the sponsor is at least 21 years old.
If the sponsor is a lawful permanent resident, they may petition for the following relatives:
- Husband or wife, or
- Unmarried son or daughter of any age.
Requirement 2: The relative sponsor must prove that they can support you at 125% above the mandated poverty line
Processing: The immigration process to file for your family member includes:
- The USCIS must file and obtain an approved Immigrant Petition for Alien Relative filed by the sponsor with proof of the sponsor’s relationship to you.
- The Department of State must determine if an immigrant visa number is immediately available to you. When an immigrant visa number is available, it means you can apply to have one of the immigrant visa numbers assigned to you.
- If you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available to you. If you are outside the United States when an immigrant visa number becomes available, you must then go to the U.S. consulate servicing the area in which you reside to complete your processing.
Removal of Conditional Residence
For foreign nationals who obtain a green card based a marriage of less than two years will be given a conditional two year green card. Prior to the expiration of the two year green card, the couple must file an application to remove the conditional residence and obtain a permanent ten year green card.
Fiancé(e) Petitions (K1 Visa)
This visa allows US Citizens to bring their foreign fiancé(e)s to the US in order to get married. The US Citizen must file a petition for the foreign fiancé(e) in the US, obtain approval, then continue processing with the National Visa Center, and finally the foreign fiancé(e) must attend a visa appointment at the US Consulate in his/her home country to obtain the K1 visa stamp in his/her passport allowing her entry into the US. Upon entering the US, the US Citizen and foreign fiancé(e) must get married within 90 days of his/her entry and file for the foreign fiancé(e) adjustment of status. K2 visa allows unmarried children (under the age of 21) of the foreign fiancé(e) to move to the US as well.