The following is a brief discussion of some of the immigration issues you may be facing. Please contact me to discuss your particular issue in depth.
Family Green Card
If you have a relative who is a U.S. Citizen or who has a "Green Card" you may be eligible to obtain permanent status in the United States. In order for a relative to sponsor you to immigrate to the United States, they must meet the following criteria:
They must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation providing that status.
They must prove that they can support you at 125% above the mandated poverty line, by filling out an Affidavit of Support
Your eligibility to be sponsored by your relative in the United States depends on whether your relative is a U.S. Citizen or a lawful permanent resident (has their Green Card).
A U.S. citizen may sponsor his or her close family members for a Green Card. This includes their:
Unmarried children under 21 years of age
Unmarried son or daughter over 21
Married son or daughter of any age
Brother or sister, if the sponsor is at least 21 years old, or
Parent, if the sponsor is at least 21 years old.
A Green Card holder (not a U.S. Citizen) may also sponsor their relative for a Green Card if the relative is their:
In any case, the sponsor must be able to provide proof of the relationship.
Fiance Visa (K1)
If you are a United States citizen and your non-citizen fiancé is outside of the country there are some significant immigration and timing issues that you must deal with prior to planning your wedding, and it is very important to consult with a competent immigration attorney prior to putting nonrefundable deposits down in anticipation of a scheduled wedding date.
If your fiancé lives outside of the United States, and you intend to get married and live together inside of the U.S. after your marriage in most cases you must:
- First File a petition to sponsor them with Citizenship and Immigration Services.
After you receive an approval of this petition, your fiancé must apply for a visa at an embassy or consulate in their home country before they may enter the United States to get married to you.
- Once admitted to the United States your fiancé must get married to you within 90 days of entering the country.
- If the marriage does not take place within 90 days your fiancé will be required to leave the United States.
Until the marriage takes place, your fiancé is considered a nonimmigrant (a temporary visitor), and must apply to adjust their status in order to live in the U.S. permanently as a Green Card holder after your marriage.
Adjustment of Status
Adjustment of status is the process used by a foreign national who is physically present in the United States to become a lawful permanent resident ("LPR"). Adjustment of status ("AOS") is an alternative to obtaining an immigrant visa through a U.S. consulate abroad, a process known as consular processing. Depending on the backlog at USCIS service centers, adjustment of status may be preferred by foreign nationals over consular processing because (1) it avoids the expense and inconvenience of travel back to the home country, (2) AOS applicants, including immediate family members, are entitled to employment authorization and permission to travel while the AOS application is pending, (3) employment-based AOS applicants receive job mobility benefits provided under recent legislation, and (4) there are more options for reconsideration of an unfavorable decision by USCIS.
Naturalization
A lawful permanent resident of the United States may apply for naturalization as a United States citizen if the following conditions are met:
- For either of the two required waiting periods described below, the applicant has at all times been a lawful permanent resident ("green card" holder) of the United States:
- For three full years, if also married to a United States citizen (that is, three years of being married to a U.S. citizen and holding a green card at the same time); or,
- For five years, otherwise; and,
- At least three months' residence in the local area (to establish court jurisdiction).
- The applicant has continuously resided in the United States during the three or five year qualifying period. This means no continuous absences of more than one year.
- The applicant has been physically present for a cumulative period equal to one day longer than one half the total number of days in the three or five year qualifying period.
- The applicant is a person of good moral character. A criminal conviction for a serious crime statutorily prevents an applicant from establishing good moral character. Otherwise, in the absence of recorded bad behavior, good moral character is generally presumed.