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.  Call now toll free 800.993.9097 to see how our Family Immigration Attorney can help you.

Who is Eligible to Sponsor a Family Member for a Green Card

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:

A.  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.

B.  The relative sponsor must prove that they can support you at 125% above the mandated poverty line

Family-Based Permanent Residence Process

1. The USCIS must approve I-130 Immigrant Petition for Alien Relative. This petition is filed by your relative (sponsor) and must be accompanied by proof of your relationship to the requesting relative.
2. 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. You can check the status of a visa number in the Department of State's Visa Bulletin.
3. 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.

Marriage-Based Permanent Residence Options

Fiancé(e) K1 Visa (Form I-129F)

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.

It is very important to note that 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.

Should you enter on the K visa and not get married to your fiancé, you will not be eligible to remain in the United States and change your immigration status.  The K visa specifically requires you to adjust your status only if you marry your fiancé and does not allow you to change your status through any other immigration means in the United States.  You must leave the United States and apply at the US Consulate for any other immigration benefits.

Removal of Conditional Residence (Form I-751)

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 jointly file an application to remove the conditional residence and obtain a permanent ten year green card.  The earliest you can file to remove the conditions is 90 days prior to the expiration of your two year green card.  If you try to file the application earlier, the application will be returned to you.  If you file after your two year card expires, you must show “good cause” as to why you are filing the application late.

Once you file the application to remove the conditional residence, you will receive a receipt notice automatically extending your green card for 1 additional year.  With this automatic extension, you may continue to legally work and travel in and out of the United States.

Usually couples jointly file this application by demonstrating that they have remained in a bona fide marriage for the last two years.  There are exceptions to jointly filing this application such as divorce and subject to extreme cruelty.  However, you must still show that you initially entered into the marriage in good faith and the marriage ended at no fault of your own.

Contact Family Immigration Attorney 800.993.9097 

Our US Immigration Attorney has obtained permanent residency status for families and reunited families from all across the globe.  Email us today for a free initial consultation.