Family Based Immigrant and Non-Immigrant Visas
US citizens and Legal Permanent Residents can petition for a green card for certain family members living in the US or abroad. If the immigrant family member is abroad, a non-immigrant visa might be available for him to begin part of the Immigration process in the US.
Family Based Green Cards
US citizens can petition for their spouses, unmarried children under 21, parents, unmarried sons and daughters over 21, married sons and daughters, and brothers and sisters.
Legal Permanent Residents or green card holders can only file for their spouses, unmarried children under 21 and unmarried sons and daughter over 21. As with US citizens, the processing times for this green card varies depending on the relative you are filing for and his citizenship.
A relationship with a US citizen or Legal Permanent Resident is not enough to obtain a green card. The immigrant family member must be eligible for a green card. Some common grounds of ineligibility are illegal presence, entering without inspection, becoming a public charge or immigration fraud. In some instances these grounds of ineligibility are not applicable or can be waived.
Please contact our office to see if you are subject to a ground of ineligibility and if it can be waived.
Non Immigrant Visas for Family Members
US citizens can request a non immigrant visa for a immigrant family member to allow them to continue the immigration process in the US. These are the K-1, K-2, K-3 and K-4 visas.
The K-1 visa allows the fiancé or fiancée of a US citizen to enter the US solely to conclude the marriage with the same petitioner US citizen within 90 days of entry. Minor children of your fiancé or fiancée can apply for a K-2 visa.
If you are already married and the US citizen spouse has filed an immigrant visa petition, he may file a K-3 visa for his spouse residing abroad. The K-3 visa will allow her to await the approval of the immigrant visa petition while in the US. Minor children of your spouse can apply for a K-4 visa.