Family Immigration Lawyer in Washington, DC

A United States Citizen or Lawful Permanent Resident may petition for qualified family members to live and work in the United States without time limitations. The petitioner’s relationship to the beneficiary determines eligibility.

Immediate Relative

An unlimited amount of green cards can be issued to immigrants who are immediate relatives to United States citizens. Immediate relatives are defined as the following:

(i) Spouses of United States citizens including recent widows and widowers

(a) Note that the application process varies depending on if you or your spouse is inside the United States in which case adjustment of status applies. However, if your spouse is outside the United States, the process is known as consular processing. We are experienced in both and will ensure that the appropriate forms are completed and supporting documents provided.

(b) Removing Conditional Residence: A green card based on recent marriage to a United States citizen, less than two years prior to getting permanent residence is issued only conditionally implying the green card expires after two years. This applies to spouses and stepchildren of United States citizens. Contact us if you are interested in lifting the conditions on your conditional residence prior to your status expiring. In short, contact us if you seek to go from conditional to unrestricted permanent resident.

(ii) Unmarried people under the age of 21 who have at least one U.S. Citizen parent

(iii) Parents of United States Citizens if the United States citizen child is age 21 or older

(iv) Stepchildren and stepparents if the marriage creating the stepparent/stepchild occurred prior to the child’s 18th birthday

(v) Parents and children related via adoption if the adoption occurred prior to the child reaching the age of 16.

Preference System

Congress established the Preference System for certain family members of United States Citizens or Permanent Residents who seek to petition for family members. Only a limited number of green cards are available annually. The wait is often numerous years based on place in the preference category.

The Preference Categories are as follows:

(i) Family first preference: An unmarried person regardless of age who has at least one United States citizen parent.

(ii) Family second preference 2A: Spouses and unmarried children under the age of 21 of green card holders.

(iii) Family second preference 2B: Unmarried sons and daughters who are over the age of 21 of green card holders.

(iv) Family third preference: Married people regardless of age who have at least one United States citizen parent.

(v) Family fourth preference: Brothers and Sisters of United States citizens provided the Citizen is over the age of 21.

Fiancé Visa

Your United States citizen may bring you to the United States with a K-1 visa if you intend to marry him or her within 90 days of arrival. See I.N.A. § 214, 8 U.S.C. §1184, 8 C.F.R. The K-1 visa has no annual limits implying no long waiting period. You can bring your unmarried children under the age of 21 on a K-2 visa when you get a K-1 visa and they will also be able to apply for a green card when you get married.” to “Your United States citizen may bring you to the United States with a K-1 visa if you intend to marry him or her within 90 days of arrival. See I.N.A. § 214, 8 U.S.C. §1184, 8 C.F.R. The K-1 visa has no annual limits implying no long waiting period. You can bring your unmarried children under the age of 21 on a K-2 visa when you get a K-1 visa and they will also be able to apply for a green card when you get married.

The following conditions must be met in order to be eligible for a K-1 visa:

(i) The immigrant’s intended spouse must be a United States citizen instead of a permanent resident or green card holder

(ii) You and your intended spouse can legally marry implying both parties are single and of legal age to marry

(iii) The immigrant must have a genuine intent to marry the U.S. citizen petitioner after arriving to the United States

(iv) You must have met and seen each other in person within the past two years.

Contact us if you are eligible for a K-1 Visa and we will prepare and file the appropriate forms and submit the various documents.

Violence Against Women's Act

Are you an abused or battered spouse or unmarried child under the age of 21 of a United States Citizen or Permanent Resident who refuses to petition for you? Congress in 1994 passed the Violence Against Women Act, or VAWA, I.N.A. § 204(a), 8 U.S.C. § 1154, providing abused or battered noncitizens the ability to independently self-petition for themselves via consular processing if the approved self-petitioner is outside the United States or Adjustment of Status if the approved self-petitioner is in the United States.

Eligibility Requirements for VAWA include:

(i) The establishment of a qualifying relationship via marriage

(ii) death or divorce terminated the marriage due to reasons related to the abuse at least a couple of years prior to filing the petition

(iii) your spouse lost or renounced Citizenship or Permanent Resident status within a couple of years prior to filing your petition due to a domestic violence incident or

(iv) you believed that your marriage to your abusive United States Citizen or Permanent Resident spouse was not legitimate only due to your abusive spouse’s bigamy.

Additionally, your United States Citizen or Permanent Resident spouse must have subjected you to battery or extreme cruelty during the relationship. If applying as a spouse, you may also be eligible if your child was subjected to battery or extreme cruelty. Further, you must be residing or have resided with your abusive United States Citizen or Permanent Resident Spouse.

FAQs

Family-based immigration law in the United States allows U.S. citizens and lawful permanent residents, green card holders to sponsor certain relatives for immigration.

1. What is the process for sponsoring a family member?

Step 1: A U.S. citizen or green card holder files a petition for an Alien Relative with USCIS.
Step 2: If the relative is in the U.S. and eligible to adjust status, they can file for adjustment of status to become a lawful permanent resident.
Step 3: If the relative is outside the U.S., after approval of the I-130 petition, they must go through consular processing at a U.S. embassy or consulate in their home country to obtain an immigrant visa.

2. How long does it take to get a family-based visa and how does the priority date affect one's application?

Processing times vary depending on numerous factors:

Immediate relatives of U.S. citizens typically have the least wait times because a visa is always available for them, usually about 12-18 months, though this may vary.
Family preference categories have longer wait times due to being subject to annual caps. For instance, the wait time for U.S. citizens’ siblings (F4) can take several years, and other categories may also face delays depending on the applicant’s country of origin.

The priority date is the date when USCIS receives the immigrant petition. For family preference categories, the priority date determines an applicant’s place in line for a visa number and dictates when a beneficiary can apply for a Green Card.
The U.S. Department of State publishes monthly the Visa Bulletin, listing available visa numbers for each family preference category. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html An approved petition for Alien Relative implies that one has established a place in line for a visa but it is not yet available. Applicants can only move forward in the process when their priority date becomes “current,” i.e., priority dates that now have an immigrant visa available to be claimed.

3. What is the Affidavit of Support and what role does it play?

The U.S. petitioner must sign an Affidavit of Support agreeing to financially support the immigrant relative and ensure that they do not become a public charge. This form is a requirement for most family-based immigration cases. The petitioner must show that their income meets or exceeds 125% of the Federal Poverty Guidelines. A co-sponsor(s) may be used if the petitioner does not satisfy the minimum income requirement threshold.

4. Can a family member work in the U.S. while waiting for a visa?

If the family member is already in the U.S. on a valid visa and applies for adjustment of status, they may be eligible for a work permit, Employment Authorization Document while waiting for their green card.
Family members entering the U.S. through consular processing are typically not allowed to work until they receive their immigrant visa or green card.

5. Can someone adjust status if they entered the U.S. unlawfully?

It depends on the situation:

Immediate relatives of U.S. citizens who entered the U.S. unlawfully can generally apply for adjustment of status without leaving the U.S. provided they are not subject to other bars such as the 3-year or 10-year bars.
Preference categories may face challenges if they entered unlawfully and could be subject to deportation or need to go through consular processing outside the U.S.

6. Can a family member's visa be denied?

Yes, family-based visa applications can be denied for various reasons, including:

Ineligibility: If the applicant has a criminal history, immigration violations, or prior deportations.
Incomplete or inaccurate application: Missing documentation or errors in the application process can lead to a denial.
Public charge issues: If the petitioner or the beneficiary cannot meet the financial requirements, the application may be denied.

7. Can a family-based visa petition be expedited?

In rare cases, a family-based visa petition may be expedited, but the applicant must demonstrate compelling reasons, such as extreme hardship, urgent medical needs, or humanitarian situations. Expedited processing is not guaranteed.

8. What happens if a family member overstays their visa or falls out of status?

Overstaying a visa or falling out of status can complicate the immigration process. In some cases, it may result in a bar to re-entry into the U.S. 3 years or 10 years, depending on how long they overstayed.
However, immediate relatives of U.S. citizens are generally exempt from these bars and can apply for adjustment of status even if they have overstayed.

9. Can I bring my children with me if I am a U.S. citizen sponsoring my spouse?

Yes, if you are a U.S. citizen sponsoring your spouse, you can also sponsor your spouse’s children, under the age of 21 at the same time as part of the process, as long as they are listed on the petition.

10. Can a U.S. citizen or permanent resident sponsor a parent or sibling if they have a criminal record?

Criminal history may impact the ability to sponsor a family member. Certain criminal convictions can make a person ineligible to sponsor a relative, especially if the conviction involves crimes of moral turpitude, drug trafficking, or domestic violence.
It is important to consult an immigration attorney if the petitioner or the family member has a criminal record.