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Family-based Immigration

K-1 Fiancé(e) Visa

 A fiancé(e) of a U.S. Citizen may qualify for a K-1 visa, which allows him or her to enter the United States for the purpose of marriage. Once the fiancé(e) enters the United States, he or she must marry the petitioner within 90 days of arrival to comply with visa requirements. Once married, an additional application is filed by the foreign national to adjust his or her status to legal permanent residency. 

Marriage Petitions

A U.S. citizen or lawful permanent resident may petition for his or her spouse to obtain legal permanent residency while the spouse is in the U.S., in certain circumstances. Alternatively, if the spouse is residing abroad, the U.S. Citizen or lawful permanent resident may file a petition with USCIS and the spouse residing abroad may apply for an immigrant visa upon approval. 

Removing Conditions on Residence

Legal Permanent Resident status will be conditional if it is based on a marriage that is less than two years old on the day that legal permanent residency is granted. Within the 90-day period prior to the expiration date of the initial green card, the conditional resident must file a petition to remove conditions on residence establishing the validity of the marriage to maintain legal permanent resident status. Failure to file a timely application can result in serious consequences and can result in removal from the U.S.

Family Sponsorship

Generally, U.S. citizens and lawful permanent residents can apply for family-based visas for certain family members to join them as legal permanent residents in the U.S. Qualifying relatives are divided into two categories: Immediate Relatives and Preference Category Relatives.

Immediate relatives are spouses, children (unmarried & under the age of 21), and parents of U.S. citizens. There is no limit on the number of immigrant visas available for immediate relatives each year.

Preference Category Relatives are divided into four categories: 
• First Preference: Unmarried sons or daughters (over 21 years old) of U.S. citizens. 
• Second Preference: 
– Family 2A – Spouses and children of lawful permanent residents. 
– Family 2B – Unmarried sons or daughters (over 21 years old) of lawful permanent residents. 
• Third Preference: Married sons and daughters of U.S. Citizens
• Fourth Preference: Brothers and sisters of U.S. citizens 21 years of age or over. 

There are limited numbers of immigrant visas for relatives under each preference category each year. Due to the limited number of visas made available by USCIS, there can be backlogs that often result in long delays in the availability of immigrant visas. 

Employment & Business

E-1/E-2 (Treaty Investor or Trader)

The E-1/E-2 treaty investor or trader non-immigrant visa is available to individuals who plan to create, develop, or manage significant business operations and investments in the United States or engage in international trade with the United States. These visas are available to nonimmigrants from countries that have established an economic treaty with the United States. If you are an employee of a treaty trader investor/trader, you may also be qualified as an E visa holder, provided your duties require special skills essential to the business. The non-immigrant individual must have the same nationality as the alien employer. 

L-1 (Intra-Company Transferee)

Individuals who are employed outside of the U.S. as executives, managers, or in a position that requires specialized knowledge may be eligible for an L-1 nonimmigrant visa.  The L-1 allows a multinational company to transfer high-level employees from an international office to a U.S. operation for a maximum of three years initially, with one-year extensions for a maximum of seven years.

H-1B (Specialty Worker) 

The H-1B non-immigrant visa is available to a foreign national who will be employed temporarily in a specialty occupation. Applicants must have a U.S. employer willing to sponsor them in the process and have the equivalent of a U.S. college or university bachelor’s degree relevant to the specialty occupation. Typically, the visa is granted for three years, but may be extended for up to six years (and beyond, if the employer sponsors the nonimmigrant for lawful permanent residence).

Employment-based Lawful Permanent Residency

In certain circumstances, where there is a demonstrated need within the United States for certain types of workers, an employer may sponsor a foreign national for lawful permanent residency. This complicated area of immigration law is case-specific. Please contact us if you wish to see if this may be a feasible opportunity for you.

Asylum and Other Humanitarian Relief

Foreign nationals in the United States may seek protection from return to another country, if they fear that they will be persecuted there on account of their race, religion, nationality, political opinion or membership in a particular social group. There are numerous restrictions on the availability of asylum and related protections in the United States, some of which are developing rapidly, in light of changing U.S. policy. The United States also occasionally extends humanitarian protection to certain groups or foreign nationals from certain countries facing particular humanitarian challenges. Our firm has represented hundreds of foreign nationals from multiple countries who fear persecution or face such humanitarian challenges. Please contact us if you feel we may be able to help you for such reasons.

Removal and Deportation

Some individuals living in the U.S. may find themselves facing deportation or removal proceedings. If you have received a notice to appear before and immigration judge or an order of removal, it is important to retain an immigration attorney proficient in this highly specialized area of law. We can assist you in navigating this complex process. Please contact us for more information or to schedule an appointment regarding representation before the U.S. Immigration Court, Board of Immigration Appeals or Federal Court.

Naturalization

The ultimate goal of most immigrants to the United States is to acquire the full benefits of citizenship. The naturalization application process, however, can be confusing and daunting. Many factors can affect eligibility for citizenship, such as criminal convictions, complicated prior interactions with the U.S. immigration system and extended absences from the U.S. during lawful permanent residency. Our firm specializes in assessing and navigating such obstacles. Please contact us if you believe you may be eligible for naturalization and wish us to analyze your case or assist you in the process.

The information contained on this site should not be viewed as legal advice and should not be relied upon without specific legal counsel being sought. Each individual has unique needs and circumstances.