Espanol

FAMILY-BASED GREEN CARDS, ADJUSTMENT OF STATUS, & CONSULAR PROCESSING

Our practice provides efficient and thorough legal services, including to those who want to bring family members to the U.S. from abroad and to those who are applying for adjustment of status through marriage and in other cases.

We will consult with you regarding your options and help you to plan ahead. We can advise both the beneficiary and the petitioning relative on documentation requirements and legal issues. We will prepare and submit all of the necessary paperwork to the U.S. Citizenship & Immigration service (USCIS) and the Department of State. We work to ensure that all your applications are thoroughly completed and submitted properly allowing you to reunite with your loved ones in the United States as soon as possible.

QUICKLINKS

application for visa

How to get a green card through a family member

We can help you with the green card process. Our firm has extensive experience obtaining family based green cards for our clients. The green card process can be daunting so it is important to have the assistance of a firm with experience in this area to assist you. One of the ways to enter the United States legally is through a family member. You must have a relative in the United States who is either a U.S. citizen or a Lawful Permanent Resident to sponsor you. U.S. citizens can sponsor their "immediate relatives" (parents, minor unmarried children and spouses) or their siblings and adult children. A Legal Permanent Resident may petition for his or her spouse or unmarried children.

Our firm completes all of the necessary immigration forms in order to streamline the application process for you and your family members. We are familiar with the required immigration forms, visa quotas, and strict deadlines. In certain cases when your family member is already in the United States we can file for an adjustment of status. When your relative is abroad we will process via consular processing.

One of the most common ways to obtain a green card is through a U.S. citizen spouse. We can assist you with the green card process based on marriage to a U.S. Citizen Spouse. It will be necessary to file for either adjustment of status or consular processing. We will file the green card applications for you and handle this process from beginning to end.

Family-based Visas, Fiancé Visas (K visas)

Fiancé visas are available to U.S. citizens who wish to bring their fiancé to the United States. The U.S. citizen must submit documentary evidence to prove that couple met in person at least once within the past two year period. After your fiancé enters the United States he or she will be eligible to apply for a green card.

If you are interested in bringing your prospective spouse to the United States, call us to set up a consultation so that we can guide you through this exciting process from A to Z.

We can help you obtain the following visas:
K-1 Visas

A United States citizen may petition for a fiancé to enter the United States as a K-1 visa holder. A fiancé is a person who is engaged to be married. In most cases, the couple must have met in person in the past two years and documentary evidence must be submitted to USCIS to prove this. The Department of Homeland Security's U.S. Citizenship and Immigration Services permit some exceptions to this requirement.

A fiancé visa petition cannot be filed at an embassy, consulate or U.S. Immigration office abroad. It must be filed in the United States with USCIS. After the USCIS approves the petition, it sends the petition to National Visa Center for processing, prior to sending it to the embassy or consulate where the fiancé will apply for a K-1 nonimmigrant visa for a fiancé.

Our firm has extensive experience in filing fiancé visa petitions for individuals throughout the world. We can help you navigate the process from filing the petition with USCIS to preparing for your fiancé's interview at the U.S. embassy or Consulate Overseas.

K-2 Visas

The child of a fiancé may receive a K-2 visa from his/her parent's fiancé petition. The K-1 visa petition must name the child in the fiancé visa petition. After the marriage of the child's parent and the United States citizen in the United States, the child will need a separate application to adjust status. The child may travel with (accompany) the K-1 parent/fiancé or travel later (within one year from the date of issuance of the K-1 visa to his/her parent).

K-3 Visas

The K-3 visa is available to the spouse of a U.S. citizen when the U.S. citizen has already filed the I-130 Petition with USCIS. The K-3 allows the spouse of the U.S. citizen to enter the United States and await approval of the I-130 Petition.

International Adoptions

If you are looking to adopt a child abroad, and you are a United States Citizen, we can help you with the international adoption process. The international adoption process is very complicated and can be time consuming. The laws regarding adoptions vary depending on whether the country of nationality of the child is a Hague Convention country or not. It is important to have a professional assist you through this process.

If you are planning to adopt a child overseas, please contact our office in advance in order to set up a consultation.

Consular Processing

If you are filing a petition to sponsor a family member living overseas for a green card, you must complete Consular Processing. Consular Processing is a three-step process. To begin you must first file the I-130 petition on your relative's behalf with the United States Citizenship & Immigration Service. Once the I-130 Petition is approved, the case will be forwarded to the National Visa Center (NVC) for Processing. When NVC processing is complete, your family member will be scheduled for an immigrant visa interview at the U.S. Embassy or Consulate.

If your loved one has any previous immigration violations, it may be necessary to submit a waiver in order to complete consular processing.

Our firm will guide you through the three steps of consular processing. This can be a daunting process. It can be very confusing to figure out which forms and documents to file. In addition embassies often have their own specific rules and requirements, which must be satisfied.

We will also consult with you regarding approximate processing times and visa availability. Processing times vary depending on the petition filed, visa category, and your family member's country of nationality.

Call us today to set up an appointment to discuss how to obtain a green card for your loved one.

Conditional Permanent Residence/I-751 Petition

Conditional Permanent Residence is granted if you are filing for a green card through your U.S. Citizen spouse less than two years after marriage. If you obtain legal permanent residence (green card) through your U.S. Citizen spouse before your second anniversary, you will be granted a green card valid for two years.

In order to remove the conditions from your legal permanent residence, you must file an I-751 petition to remove conditions prior to the expiration of your conditional permanent residence. You must prove that your marriage is bona fide and not entered into solely to obtain a green card. When your I-751 petition is approved, you will be granted a green card valid for ten years. You may elect to file for citizenship three years later or continue as a legal permanent resident.

In certain cases it is possible to remove the conditions from your permanent residence even after separation or divorce. However, this process requires a waiver and you must consult with an attorney before filing.

If you have questions regarding this process or need assistance filing an I-751, contact our office to set up a consultation.

Waivers

In certain instances, your loved one may not be eligible to obtain his or her permanent residence (green card) due to prior immigration violations involving fraud, prior arrests, or unlawful presence. In order to obtain a green card, he or she may have to submit a hardship waiver with USCIS in the United States or abroad at a U.S. Embassy.

Cases vary depending on the reason why a waiver is necessary. Waivers can be very detailed and require a great deal of time and expertise to complete. It is recommended that you speak with a professional to ensure that your case is handled properly.

We have a great deal of experience filing hardship waivers in the United States and abroad. Contact us today to see if you or your loved could benefit from filing a waiver.

Provisional Waivers - NEW DEVELOPMENTS - Effective March 4, 2013

On March 4, 2013, the provisional waiver program will take effect. Currently, if you are the immediate relative of a U.S. citizen who entered the U.S. without a visa and has accrued unlawful presence, you must submit a hardship waiver in order to be eligible to become a legal permanent resident. Typically this waiver is filed abroad at a U.S. Embassy. However, this process will change for immediate relatives of U.S. citizens under the new provisional waiver process.

In order to obtain a provisional waiver, the applicant has to be an immediate relative of a U.S. citizen who is not eligible to adjust status because of unlawful presence. The applicant must also demonstrate that the denial of the waiver would result in extreme hardship to his or her U.S. citizen spouse or parent. Evidence must be submitted to demonstrate hardship. Immediate relatives of U.S. citizen will still have to return to their home country to complete waiver processing. However, they will be able to file for a provisional waiver in the United States and wait for the decision in the United States. This will cut down the amount of time that families are separated.

This is an exciting new development in immigration law. Call us today to see if you are eligible to take advantage of this new program!

At Nina Qureshi Immigration Law, we specify in all aspects of Immigration Law. If you would like to discuss family-based green cards, adjustment of status, or consular processing, please contact our office today to schedule an appointment with Nina Qureshi, Esq.