Visas

Immediate Relative

Description
This application is for lawful permanent residence of spouses of U.S. citizens, parents of U.S. citizens that are at least 21 years old, and under 21, unmarried children of U.S. citizens.

Requirements
The main requirements for the immediate relative green card are the following:

1. The sponsor is a U.S. citizen that is at least 21 years old (unless the application is for your spouse).

2. Evidence of the claimed relationship, such as original or certified copies of marriage or birth certificates with official translation, if necessary.

Family members
The spouse and minor, dependent children may apply for I-765 Employment Authorisation if they are also applying for lawful permanent residence.

Employment
When the application for lawful permanent residence is filed with BCIS, the foreign national is eligible to apply to BCIS for work authorisation.

Duration of investor Visa
Lawful permanent resident status is permanent as long as residence in the U.S.A. is maintained and no violations of status occur. After five years in lawful permanent resident status, an application for naturalisation (U.S. citizenship) may be filed. if the application was based on marriage, an application for naturalisation may be filed after three years in lawful permanent resident status

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Family Preference Categories

Description
This application is for the following foreign relatives to obtain lawful permanent residence in the U.S.A.:

1. unmarried, over 21 children of U.S. citizens

2. married children of U.S. citizens

3. brothers and sisters of U.S. citizens

4. spouses of U.S. lawful permanent residents

5. unmarried children of U.S. lawful permanent residents

Requirements
The main requirements for this family based green card are the following:

1. The sponsor must be either:

a) a U.S. citizen that is at least 21 years old
b) a U.S. lawful permanent resident that is at least 21 years old

2. The foreign relative must be in lawful status in the U.S.A.

3. Evidence of the claimed relationship, such as original or certified copies of marriage or birth certificates, with official translations, if necessary.

Family members
The spouse and minor, dependent children of the foreign national may be eligible to apply for permanent residence. Please contact our law firm to discuss your specific situation.

Employment
When the application for lawful permanent residence is filed with BCIS, the foreign national is eligible to apply to BCIS for work authorisation.

Duration of Visa
Lawful permanent resident status is permanent as long as residence in the U.S.A. is maintained and no violations of status occur. After five years in lawful permanent resident status, an application for naturalisation (U.S. citizenship) may be filed.

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K-1 Fiancé

Description
K-1 visa is for foreign nationals to come to the U.S.A. to marry a U.S. citizen and reside in the U.S.A.

Requirements
The main requirements for the K-1 visa are the following:

1. The sponsoring fiancé is a U.S. citizen.

2. The foreign national and the U.S. citizen are legally free to marry, as indicated by death or divorce certificates of previous spouses, if applicable.

3. The foreign national and U.S. citizen intend to marry within 90 days of arrival into the U.S.A.

4. Evidence that the two have met within the past two years and have a relationship, or evidence that the couple could not meet because it would have created a hardship or that their religion prohibits them from meeting prior to their marriage.

Family members
The minor, dependent children of the K-1 holder are entitled to K-2 dependent visas as long as the children are named in the K-1 visa petition. A separate petition is not required if the children accompany or follow the K-1 within one year from the date of issuance of the K-1 visa. After that, a separate petition is required.

Employment
K-1 visa holders are eligible for work authorisation for 90 days after entry. After they marry their U.S. fiance and file for lawful permanent residence, they must apply to BCIS for work authorisation.

Duration of Visa
K-1 visa is valid for 90 days from entry into the U.S.A. The K-1 fiancé and U.S. citizen must marry within 90 days of the K-1’s entry into the U.S.A. and then apply for the K-1’s permanent residence (green card).

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