How Trow & Rahal help with family-based immigration
Typically, a foreign national can obtain permission to come to the U.S. based upon either employment sponsorship or family sponsorship. If a foreign national has a family member in the U.S. who is a U.S. permanent resident or citizen, there are some options available. However, some of these options have very long backlogs and wait times. Our strategies help family members of green card holders (Permanent Residents) immigrate to the United States. Trow & Rahal assists its clients in the following family-based immigration processes posted below.
Family members of Green Card Holders (Permanent Residents)
Foreign nationals who are U.S. Permanent Residents (green card holders) may petition for certain family members to immigrate to the United States as permanent residents. The backlogs in these categories can be very long, and we encourage clients to look at other possible alternatives as well. Special conditions may apply if the U.S. Permanent Resident or family members are in the U.S. military.
When petitioning for your relative, the following family preference categories apply:
First preference: Unmarried, adult sons and daughters of U.S. citizens. (Adult means 21 or older)
Second Preference (2A): Spouses of green card holders, unmarried children (under 21) of permanent residents
Second Preference (2B): Unmarried adult sons and daughters of permanent residents
Third Preference: Married sons and daughters (any age) of U.S. citizens
Fourth Preference: Brothers and sisters of adult U.S. citizens
A visa becomes available to a preference category according to the priority date (the date the I-130 was properly filed). For more information on priority dates, see the “Visa Availability and Priority Dates” on www.uscis.gov
Spouse /Children of U.S. Citizen (K-3/K-4 Visa)
If a U.S. citizen marries a foreign national outside of the U.S., the foreign national spouse and his or her minor children are admitted to the United States as nonimmigrants in K-3 (spouse) and K-4 (child) visa status while they are waiting for the processing for permanent residence to be completed.
They are also able to obtain employment authorization while they are waiting.
The K-3 and K-4 visas require that the U.S. citizen spouse has already filed immigration visa petitions (Form I-130) on their behalf.
Fiancée/Fiancé of U.S. Citizen (K-1 Visa)
The K-1 visa is a visa for U.S. citizens wishing to bring a foreign national fiancé(e) living abroad to the United States to marry.
A foreign national is eligible for a K-1 fiancé(e) visa if the petitioner is a U.S. citizen, who intends to get married to the foreign national fiancée within 90 days of the fiancée entering the U.S., and all other eligibility requirements are satisfied.
Once in the U.S. and married within the first 90 day period, the foreign national spouse may apply for permanent residence and remain in the United States while USCIS processes the application.
To learn how our Winning Immigration Strategies can work for you, contact us today.