U.S. Citizenship and Immigration
provides certain provisions for U.S. citizens and lawful permanent residents to petition for their family members to receive visas that lead to lawful permanent residency with a green card. If you are U.S. citizen, you are entitled to petition for your spouse, children (unmarried and under age 21), your parents, unmarried sons and daughters (over age 21), married sons and daughters (any age) and your siblings once you reach 21 years of age. You are also entitled to get a fiancé visa for a fiancé. While you are able to petition for these members of your family to receive family visas, some family members receive more immediate consideration during the process. Spouses of U.S. citizens, unmarried children of U.S. citizens under 21 years of age, and parents of U.S. citizens (age 21) are all entitled to receive a visa immediately. U.S. Citizenship and Immigration provides preference categories for other family members. These family members may need to wait before their visas are processed because there are caps and limits on how many of these can be issued.
This can be confusing for U.S. citizens looking to get a visa for a family member. Lawful permanent residents can also petition for a spouse, unmarried children (under age 21) and unmarried sons and daughters (over age 21). The forms and processing of family visas differs depending on which relative you want to petition. Here is the breakdown:
• Who can get a visa right away without a wait period? If you are a U.S. citizen then your immediate relatives being your spouse, your unmarried children under 21 years of age, and your parents if you are over age 21.
If the beneficiary is not an immediate relative, then the following preferences apply with different time periods:
• Who gets first preference? Unmarried sons and daughters over age 21 of U.S. citizens.
• Who gets second preference? Spouses, unmarried children (under age 21), unmarried sons and daughters (over age 21) of lawful permanent residents (green card holders)
• Who gets third preference? Married sons and daughters of any age of U.S. citizens.
• Who gets fourth preference? Brothers and sisters of U.S. citizens (over age 21).
Many times, the children and spouses of the beneficiary may also come to the U.S.
If you interested in only visiting for a short period and returning to your country, a visitor visa may also be available.
J. Joseph Cohen is a family visa lawyer in San Antonio, Texas who will work closely with family members who want to petition for green cards for their loved ones. If you have loved one who is not a U.S. citizen and want to ensure that he or she has status, it is important to follow the steps required to get your loved one a green card. If you are considering applying for a family visa, a family visa attorney like J. Joseph Cohen in San Antonio, Texas can help you. I can review your situation, help you understand your rights, and help you petition for your family member’s visa.
Are you married to a person who is not a U.S. citizen or is your fiancé from another country? If you are a U.S. citizen, you may have the right to petition U.S. Citizenship and Immigration for a green card for your fiancé or spouse. There are several ways that you can get your spouse or fiancé a green card. If your spouse is living abroad, you can submit a petition in the U.S. for your spouse to immigrate as an immediate relative. During this process, you may also apply for a “K-3” visa which may allow your spouse to enter the U.S. in a shorter period of time. However, there are advantages and disadvantages to using the “K-3” process that need to be considered. Before choosing one method or the other, it may be wise to speak to a qualified marriage visa lawyer like J. Joseph Cohen in San Antonio, Texas.
A U.S. citizen can use a “K-1” visa that will allow a fiancé to enter the U.S. However, the couple will generally be required to be married within 90 days.
Marriage fraud is considered to be a major problem in immigration by the government. There will be an interview where documentation and explanations will be reviewed to test the validity of the marriage. In addition, any immigration violations in the past by the entering spouse may cause problems. This situation can be complex, and it may be important to seek the counsel of a qualified family visa lawyer. J. Joseph Cohen in San Antonio, Texas can review your circumstances, help you understand what process you’ll need to complete, and can help you every step of the way. I understand how crucial this step is in your life and marriage.
Deportation is a legal process that is now also known as removal. Deportation or removal is the process that authorities use to remove a person from the United States. Individuals who commit crimes or overstay a visa are examples of persons who could face deportation.
If you want to live and work in the U.S., you may be able to do so with an employment visa. In some cases, employment visas can lead to permanent immigration, while in other cases, these visas are only issued on a temporary basis.
U.S. Citizenship and Immigration provides certain provisions for U.S. citizens and lawful permanent residents to petition for their family members to receive visas that lead to lawful permanent residency with a green card. If you are U.S.
Having a green card as a lawful permanent resident, grants an immigrant certain important rights and privileges in the U.S. With a green card, a person can work in the U.S. and with a green card, the permanent resident is granted legal protection under U.S. law.
I bring a unique perspective to the practice of immigration law with years of legal, government and overseas experience.
