< Family visa

Wolf W. Kaufmann

Immigration

Southern California Immigration Attorney

(951) 710-3250

Email: info@wolfklaw.com

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Family based green cards

Family ties can open the door to permanent residency and eventually even U.S. citizenship:

You need a relative who either is a United States citizen or who is a legal permanent resident in the U.S., to petition the government for your visa.

    -A U.S. citizen may petition for his or her spouse, children, parents and siblings.

    -A legal permanent resident may petition for his or her spouse and unmarried children.

    These are the only family ties that qualify for a green card.

Also, there are two conditions:

    -The alien must be admissible. If the alien has been illegally in the country or has a criminal record, he or she might not be admissible and a waiver might be needed.

    -the petitioning citizen must be able to support the alien relative financially

Spouses of U.S. citizens

A foreigner married to an American citizen can immediately be issued a green card and take up residence in the U.S.

    -If the alien is outside the U.S., upon approval of the petition, he or she can apply for the visa at an embassy or consulate.

    -If the alien is already lawfully in the country, he or she may apply for an “adjustment of status” to gain the green card.

    -If the alien is not yet married to the American citizen, but plans to do so, she or he may obtain a visa to enter the U.S. and then marry within 90 days. This visa is called a K-1 visa.

    -In most cases it is possible that the alien spouse may bring her or his children to the U.S. if they are unmarried and under 21 years old. .

Adjustment of status procedures and problems

Very often clients attempt to “adjust status” only to find that they encounter problems which could lead to their presence in the U.S. becoming unlawful. Therefore we advise to consult us and let us handle this complicated process.

Conditional residence permit and the removal of the conditions

A “green card” obtained through marriage of an American citizen is issued on the condition, that this marriage is legitimate and the two spouses evidence familial life. After two years these conditions can be lifted upon application. In some cases the couple will have to appear to an interview with the USCIS and to present evidence. After successfully passing this process, the conditions are “lifted” and the residency permit becomes unconditional (subject only to the usual conditions valid for all “green cards.”)

 

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