Family-based immigration requires a US citizen or permanent resident sponsor a foreign national relative and prove he/she can support the intended immigrant by showing adequate income or assets. Our team is highly experienced in filing family immigration petitions and makes the process easier for you and your family by keeping up tp date on changes to US immigration policy.
We provide assistance in obtaining the following immigration visa.
- International Adoption
- Family of green card holders
- Citizenship through naturalization
- K visa
- Treaty trader & investor visas
This process varies depending on the laws of the countries where the adoptive parents and the child reside (both federal and state law in the United States), and the location where the legal adoption is finalized. Besides, the Hague processes of both countries must be followed if the child’s home country is a partner in the Hague Adoption Convention.
Family of Green Card Holders
As a permanent resident (green card holder), one can petition for the following family members to immigrate to the United States as permanent residents.
- Spouse (husband or wife).
- Unmarried children under 21.
- Unmarried son or daughter of any age.
Citizenship Through Naturalization
Naturalization is a process through which U.S. citizenship is granted to a foreign national is he/she fulfills all requisites of the Congress in the Immigration and Nationality Act (INA) and satisfy one of the following:
- Been a permanent resident for at least 5 years.
- Been a permanent resident for 3 years or more and satisfies all requirements to file as a spouse of a U.S. citizen.
- Have qualifying service in the U.S. armed forces.
- If you’re a U.S. citizen, your child, if born outside the U.S.and is currently residing outside the U.S.
Fiance: K1 & K2 Visas
The fiancé(e) K-1 nonimmigrant visa is for the foreign national engaged to a United States (U.S.) citizen. The K-1 visa permits the foreign national fiancé(e) to enter the United States to marry his or her U.S. citizen petition sponsor within 90 days of arrival.
K-1 fiancés can bring their minor dependents to the United States on a nonimmigrant K-2 visa. The dependents’ eligibility is based on their K-1 parent.
Spouses Abroad: K3 & K4 Visas
Spouses of a U.S. citizen residing outside the U.S. are eligible for the nonimmigrant K-3 visa. After a K-s visa holder enter the United States, they can apply for adjustment of status to a green card.
Similarly, children of the foreign spouse can enter the U.S. by applying for the K-4, after which they can apply for a green card.
Those under this category must apply for their visas in the country where the marriage occurred. If they were in the United States, the foreign national spouse should apply in the country they are currently residing.
Treaty Trader & Investor Visas
Citizens of countries with which the United States maintains treaties of commerce and navigation are eligible for treaty Trader (E-1) and Treaty Investor (E-2) visas.
You are eligible for this visa if entering the United States to:
- Engage in substantial trade between the United States and the treaty country, including trade in services or technology, and in qualifying activities; or
- Build the operations of an enterprise where a substantial amount of capital is invested by the applicant.
Cancellation of Removal
Cancellation of removal is a form of relief from deportation or removal. This means that you can only apply for cancellation of removal if you have an open case in deportation or removal proceedings in Immigration Court before an Immigration Judge.
Temporary Protected Status
The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.
The Nicaraguan Adjustment and Central American Relief Act or NACARA is a law passed in 1997 that provides various forms of immigration benefits and relief from deportation to certain Nicaraguans, Cubans, Salvadorans, Guatemalans, nationals of former Soviet bloc countries and their dependents who had arrived as asylees.
Convention against Torture
The Convention requires states to take effective measures to prevent torture in any territory under their jurisdiction, and forbids states to transport people to any country where there is reason to believe they will be tortured.
Voluntary departure is a process where an alien chooses to return to his or her home country, and in return, the U.S. Department of Homeland Security does not put a removal order for the person. Voluntary departure requires the consent both of the alien and the U.S. Department of Homeland Security officers in charge of the alien, and has been called a “privilege” rather than a right.
Deferred inspections are used when an immediate decision concerning the immigration status of an arriving traveler cannot be made at the port of entry due to a lack of documentation. On a case-by-case basis, the port of entry may schedule the traveler to report to a Deferred Inspection Site at a future date in order to present the necessary documentation and/or information.
A J-1 visa is a category of non-immigrant U.S. Visa that allows people to visit the United States to exchange skills, knowledge and experience. These Visas are issued to professors, exchange visitors and research scholars participating in various programs that facilitate cultural exchange, primarily to receive business or medical training in the U.S.
F visas are a type of non-immigrant student visa that allows foreigners to pursue education (academic studies and/or language training programs) in the United States. F-1 visas are only issued in U.S. embassies and consulates outside the United States, although extensions of stay and changes of status may be possible within the United States.
Under the federal Violence Against Women Act (VAWA), you may be eligible to become a lawful permanent resident (get a Green Card) if you are the victim of battery or extreme cruelty committed by:
- A U.S. citizen spouse or former spouse;
- A U.S. citizen parent;
- A U.S. citizen son or daughter;
- A lawful permanent resident (LPR) spouse or former spouse; or
- An LPR parent
U.S. immigration law allows foreign nationals who have been victims of certain crimes and granted U nonimmigrant status (U visa) to become lawful permanent residents (get a Green Card). To qualify for a Green Card as a crime victim, you must have U nonimmigrant status and meet certain eligibility requirements. U-1 nonimmigrant status is for victims of certain crimes who have suffered substantial physical or mental abuse and are helpful to the investigation or prosecution of the criminal activity.
The M-1 visa is a type of student visa reserved for vocational and technical schools. To obtain an M-1 visa for traveling to the United States, a student must present a signed Form I-20 at a United States embassy or consulate in their home country.
P visa is a type of temporary employment visa of the United States, granted to alien athletes, artists, and entertainers, and their spouses and children. P visa holders are generally admitted according to the duration of a specific competition, event or performance.
The T Nonimmigrant Status (T visa) is a set aside for those who are or have been victims of human trafficking, protects victims of human trafficking and allows victims to remain in the United States to assist in an investigation or prosecution of human trafficking.
Section 203(c) of the Immigration and Nationality Act (INA) provides for a class of immigrants known as “diversity immigrants,” from countries with historically low rates of immigration to the United States. A limited number of visas are available each fiscal year.
FAQs on Family Based Immigration
If you are a permanent resident of the US, who can you bring with you to the US?
If you are a permanent resident, that is a green card holder, in the US, then you can petition the following family members for immigration:
- Unmarried children who are younger than 21
What are the legal requirements to be eligible for naturalization in the US?
To be eligible for naturalization as per the Immigration and Nationality Act, one of the following conditions must be fulfilled:
- Permanent resident for a minimum of 5 years
- Permanent resident for at least 3 years and must be able to file as a spouse of an American citizen
- Qualifying service as a part of the U.S. armed forces
- If an American citizen’s child, who is born outside the US and stays there
Who can be eligible for the Trader (E-1) and Treaty Investor (E-2) visas?
- If you wish to enter the US to engage in trade with the US
- If you are a part of a country which is a treaty country to the US
- If the trade deals with services, technology or qualifying activities
- If you wish to enter the US to help in building and growing your operations, given your company has invested significant capital in the US