Family Based Petitions for Residency
Family Visas include visas issued to:
- children (under the legal age of 21)
- parents of current U.S. citizens who are over the legal age of 21.
The family relationship, the country of origin, and the size of the backlog for immigration visas are all factors that will impact the length of time it takes to obtain an immigrant visa for a family member.
Types of Family Visas
If you are a U.S. citizen, you may file a residency petition for your spouse, whether your spouse is currently in the United States, or residing abroad. If your marriage took place outside of the United States, and your foreign spouse is not able to obtain a visa, a K-3 Petition may be filed and entry gained.
If you are a U.S. citizen, you may file a residency petition for your fiancée, even though your fiancée may not be able to gain a visa from the consulate in their country. If you are a foreigner who is engaged to a U.S. citizen, you are able to petition for a fiancée visa.
A fiancée visa must be carefully organized. The fiancée visa must prove that the individual parties have met, corresponded, and fully intend to marry within 90 days of entering the United States.
United States Citizen Parent:
If you are a United States citizen parent, you can apply for permanent residency status for your children. Children under the legal age of 21 are immediately eligible to apply for U.S. residency. U.S. citizen parents may also apply for children over 21 years of age. However, the processing time and eligibility to file for residency depends on whether the benefiting child is married or not.
Stepparents may apply for their spouse’s children if the step-child was under eighteen years of age at the time of the marriage.
Lawful Permanent Residents
If you are a lawful permanent resident of the U.S., you may file for your spouse or your child. If your child does not reside in the United States, a petition can be filed to bring them into the U.S. through consular processing. If you are filing for your spouse, you must file an I-130 petition for residency first.
We Can Help
Obtaining an immigrant visa for a family member can be stressful and time-consuming, and often involves complex rules and complicated paperwork. For these reasons, you will need legal counsel from an expert immigration attorney.
At the Gerardin Law Firm, we will work with you throughout the various visa processing phases. Our experienced immigration attorneys will communicate with INS officials, which will provide you with an estimate of how your case will proceed and what you should expect throughout the family petition process. We will also manage important dates and deadlines for you to ensure that all of your paperwork is completed and submitted on time.
If you are seeking an immigrant visa for a family member, contact our law firm immediately.
Contact our law office to discuss your visa application today.