Speak to an Attorney for Immigration Families in Los Angeles

Immigration can take a toll on family life. The separation of spouses from each other or children from their parents causes significant emotional suffering. Thankfully, immigration law provides for instances where people can relocate to the U.S. to reunite with members of their family.

There are two primary ways through which non-immigrant family members can join their family in the U.S.: through non-immigrant family-based visas and immigrant family visas. Here is all you need to know about your options for obtaining a family-based visa, and how our law firm can help you through the entire process.

Non-Immigrant Family-Based Visas

Eligibility for the non-immigrant family-based visa requires that the applicant be directly related to a U.S. citizen or permanent resident. The two most common types of these visas are:

1. K-1 Fiancé/Fiancée Visa

The K-1 visa is available to fiancés/fiancées of U.S. citizens. The two parties must, however, get married within 90 days of arriving in the country. The citizen spouse can hire an attorney to petition a family member in Los Angeles so the K-1 holder can gain immediate relative Green Card status.

For this step, you should expect to file the petition with the USCIS and to await processing by the National Visa Center. Your spouse may also have to attend a consular interview to determine their eligibility for the green card. If a person gets the K-1 visa, their children become eligible for K-2 visas.

1. K-3 Spousal Visa

The K-3 visa is meant for foreign citizens who are married to a U.S. citizen or permanent resident. This visa is much harder to obtain than a K-1 visa owing to the stringent conditions that one must meet to qualify for it. For instance, the U.S. citizen spouse must file an immigrant petition and have the K-3 visa approved before the request. Underage children of K-3 visa holders may qualify for K-4 visas.

If you are applying for a K-3 visa, it is best to consult with a Los Angeles family immigration lawyer to assist you in the process. This is because the application procedures are complicated, and the timelines for filing petitions and applications are rather strict. Our experienced attorney will see to it that you file the paperwork correctly, which increases the chances for a successful application significantly.

Who’s Eligible for a Family-Based Green Card?

These visas are available to those seeking family-based immigrant status in the U.S. For eligibility, the applicant needs to have a direct relationship with a U.S. citizen or permanent resident. The two main categories of immigrant family visas are:

1. Immediate Relative Visas

Immediate relative visas are available to the spouses, minor children, and parents of a U.S. citizen or permanent resident. Where a child is sponsoring the parents’ move to the U.S., he or she must be at least 21 years old. However, it might be hard to obtain a derivative status using an immediate relative visa. This is why each person who has a direct relationship with the citizen or resident should apply separately for an individual visa.

1. Preference Categories

Family relations who do not qualify for the immediate family visa may still obtain a preference category visa. The visas are classified as follows:

• 1st preference is given to unmarried, adult children of U.S. citizens
• 2nd preference is given to the spouses and unmarried adult children of permanent residents
• 3rd preference is given to the married children of U.S. citizens
• 4th preference is given to the siblings of a U.S. citizen who is above 21 years old

A preference family visa designates upon the holder the same status as their sponsor.

When you are applying for a family-based immigration visa, there are a few factors that you must keep in mind. These are:

• You need to get an Affidavit of Support from your sponsor to be allowed entry into the country
• Prospective immigrants must be ready to undergo a medical examination by a state-appointed doctor before they can enter the country
• Sponsors must be at least 18 years old, be citizens or lawful permanent residents in the U.S., live in the country and show that they can take care of the immigrant financially
• If the applicants are 16 years and older, they should present a criminal record from law enforcement authorities in their countries of origin
• The filing fees are not refundable

Key Steps In Applying For A Family Or Marriage-Based Green Card

A marriage-based green card is a type of immigrant visa that is offered to spouses of current U.S. citizens and permanent residents. This type of visa is commonly referred to as a spousal visa. This allows the immediate family of U.S. citizens or permanent residents to become lawful permanent residents of the United States. There are five vital steps you should take as the application process for someone who is currently residing in the U.S., varies from someone living in another country. Read on to learn more about the process.

Conclusion

If you are looking to obtain a family-based visa, you would be well-advised to seek the guidance of an attorney. The lawyer can help you determine the best visa for you depending on the unique circumstances of your case. They will also help you throughout the application process, ensuring that you file the correct documents in good time. They can also accompany you for interviews and any relevant court proceedings.

When it comes to the application process, it is best to have qualified legal representation from an immigration lawyer in Los Angeles. Don’t hesitate to contact our firm if you need any help with this process. Our qualified and experienced permanent residency attorney will prove to be an invaluable asset throughout your citizenship journey.