Legal Representation for Family-Based Immigration
A U.S. citizen or Lawful Permanent Resident ("Green Card" holder) can sponsor (petition) a family member to immigrate to the United States. However, the process varies significantly in time, costs and procedure, depending on the family member you seek to sponsor, among other factors. For immigration sponsorship, only the following people are recognized as “family”:
Typically, other relatives (e.g., cousin, aunt/uncle, grandparents, in-laws, etc.) are not recognized as family, and cannot be sponsored.
“Immediate Relatives” are parents, spouses and unmarried children under the age of 21 of U.S. citizens. Immediate Relatives can immigrate to the U.S. immediately, without having to wait for a visa to become available.
All other family members of U.S. citizens are divided into the following categories:
Unlike “Immediate Relatives”, family members in the Preference categories have a limited number of visas available each year. Therefore, family members in these categories have to wait until a visa becomes available before immigrating to the United States. The amount of time a relative has to wait depends on which Preference category they are in.
Fiancé(e)s of U.S. Citizens
Though a fiancé(e) is not considered “family” under the immigration laws, a U.S. citizen may apply for a K-1 Visa on behalf of his/her fiancé(e). This special visa allows the non-U.S. citizen fiancé(e) to enter the U.S. in order to marry the U.S. citizen fiancé(e). The K Visa is a temporary visa, which requires the couple to get married before its expiration. If the couple does not marry within the allotted time, the foreign fiancé(e) must depart the U.S. or risk violating the terms of his/her visa. Once the couple is married, the U.S. citizen spouse may petition for a Green Card on behalf of his/her spouse.
Lawful Permanent Residents in the U.S. can only sponsor their spouse or unmarried children (of any age) to immigrate to the United States. These individuals are categorized as Second Preference (F2), and must also wait until a visa becomes available before immigrating to the United States.
DISCLAIMER: The information provided on this website is for informational purposes only and is not intended to be legal advice. Please do not rely on any information provided on this website without first consulting an attorney about your individual situation. An attorney-client relationship is not formed with Sohahong Law Group LLC until the client has signed a retainer agreement and has paid all appropriate fees. Sohahong Law Group LLC does not endorse or assume responsibility for the content of any external website.
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Sohahong Law Group LLC
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Sandy Springs, GA 30328
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