Family-Based Visas
Dallas/Ft. Worth, Texas Permanent Immigration Attorneys
If you are a U.S. citizen or have a family member who is a U.S. citizen, you may apply for a Family-Based Visa. The different classifications for Family-Based Visas are as follows:
Permanent Residency (Green Card)
Under current immigration law, to qualify for permanent residency you must have entered the United States with a valid visa or have been paroled into the country at an immigration checkpoint at a port of entry. For those who have entered without being inspected (e.g.. crossing with the aid of a coyote), are not eligible for adjustment in the U.S.; unless they have filed a non frivolous immigrant petition with the Service on or before April 30, 2001. If you filed after April 30, 2001, you must be subjected to Consular Processing. In other words, you will have to return to your original country to finalize your application.
If you overstay your lawfully admitted time for over 180 days but less than a year, you will be subjected to a 3-year bar. If you overstayed for more than one year, you will be subjected to a 10-year bar.
K-1 Fiancé Visa
The immigration laws provide a nonimmigrant visa classification ("K-1") for persons coming to the United States to marry American citizens and reside here. A person who is already married to a U.S. citizen may apply for permanent residence through marriage, but may not apply for a fiancée visa. This visa allows for U.S. citizens to apply for permission with a U.S. Consulate abroad to enable his or her fiancée to enter the United States. However, the U.S. Consulate abroad will only review this application once the USCIS has approved a petition which must be applied for by the U.S. citizen in the United States on behalf of his or her fiancé.
The marriage must take place within 90 days of the fiancé entering the U.S. Otherwise, the fiancé must leave the United States. If the fiancé marries someone else within that 90 day period, the fiancé must leave the United States. While the fiancé is in the 90 day period and until the marriage takes place, he or she is considered a nonimmigrant. There is no extension to the 90 day period. If the fiancé intends to work in the U.S. he or she must apply for permanent residency after the marriage. If the fiancé does not intend to become a permanent resident after the marriage, the fiancé must leave the country within the 90-day original nonimmigrant admission. If the fiancé leaves the U.S. prior to the marriage, he or she may not be allowed back into the U.S. without a new visa.
K-3 and K-4 Visas (For Spouse or Child of a U.S. Citizen)
The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a nonimmigrant category that enables the spouse or child of a U.S. citizen to be admitted to the United States as a nonimmigrant. The admission allows the spouse or child to complete processing for permanent residence while in the United States, and permission for employment while awaiting processing to permanent resident status.
V Relative Visa
The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category (V) within the immigration law that allows the spouse or child of a U.S. Lawful Permanent Resident to live and work in the United States in a nonimmigrant category. The spouse or child can remain in the United States while they wait until they are able to apply for lawful permanent residence status (Adjusting Status), or for an immigrant visa.
For eligibility, the applicant must be lawfully married to a Lawful Permanent Resident of the United States (V-1), or is the unmarried child (under the age of 21) of a Lawful Permanent Resident (V-2); is the principal beneficiary of a relative petition (Form I-130) that was filed by the Lawful Permanent Resident spouse/parent on or before December 21, 2000; and has been waiting at least 3 years since the petition was filed for status as a Lawful Permanent Resident because the petition is still pending, or has been approved but an immigrant visa is not yet available; or there is a pending application to adjust status or application for an immigrant visa.
At Reyes Bartolomei Browne, we have over 20 years’ experience in helping people with immigration issues. If you are interested in obtaining a family-based visa or have any immigration questions or issues, please call one of our bilingual immigration attorneys for a consultation, or fill out the questionnaire to the right of this page.
Permanent Residency (Green Card)
Under current immigration law, to qualify for permanent residency you must have entered the United States with a valid visa or have been paroled into the country at an immigration checkpoint at a port of entry. For those who have entered without being inspected (e.g.. crossing with the aid of a coyote), are not eligible for adjustment in the U.S.; unless they have filed a non frivolous immigrant petition with the Service on or before April 30, 2001. If you filed after April 30, 2001, you must be subjected to Consular Processing. In other words, you will have to return to your original country to finalize your application.
If you overstay your lawfully admitted time for over 180 days but less than a year, you will be subjected to a 3-year bar. If you overstayed for more than one year, you will be subjected to a 10-year bar.
K-1 Fiancé Visa
The immigration laws provide a nonimmigrant visa classification ("K-1") for persons coming to the United States to marry American citizens and reside here. A person who is already married to a U.S. citizen may apply for permanent residence through marriage, but may not apply for a fiancée visa. This visa allows for U.S. citizens to apply for permission with a U.S. Consulate abroad to enable his or her fiancée to enter the United States. However, the U.S. Consulate abroad will only review this application once the USCIS has approved a petition which must be applied for by the U.S. citizen in the United States on behalf of his or her fiancé.
The marriage must take place within 90 days of the fiancé entering the U.S. Otherwise, the fiancé must leave the United States. If the fiancé marries someone else within that 90 day period, the fiancé must leave the United States. While the fiancé is in the 90 day period and until the marriage takes place, he or she is considered a nonimmigrant. There is no extension to the 90 day period. If the fiancé intends to work in the U.S. he or she must apply for permanent residency after the marriage. If the fiancé does not intend to become a permanent resident after the marriage, the fiancé must leave the country within the 90-day original nonimmigrant admission. If the fiancé leaves the U.S. prior to the marriage, he or she may not be allowed back into the U.S. without a new visa.
K-3 and K-4 Visas (For Spouse or Child of a U.S. Citizen)
The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a nonimmigrant category that enables the spouse or child of a U.S. citizen to be admitted to the United States as a nonimmigrant. The admission allows the spouse or child to complete processing for permanent residence while in the United States, and permission for employment while awaiting processing to permanent resident status.
V Relative Visa
The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category (V) within the immigration law that allows the spouse or child of a U.S. Lawful Permanent Resident to live and work in the United States in a nonimmigrant category. The spouse or child can remain in the United States while they wait until they are able to apply for lawful permanent residence status (Adjusting Status), or for an immigrant visa.
For eligibility, the applicant must be lawfully married to a Lawful Permanent Resident of the United States (V-1), or is the unmarried child (under the age of 21) of a Lawful Permanent Resident (V-2); is the principal beneficiary of a relative petition (Form I-130) that was filed by the Lawful Permanent Resident spouse/parent on or before December 21, 2000; and has been waiting at least 3 years since the petition was filed for status as a Lawful Permanent Resident because the petition is still pending, or has been approved but an immigrant visa is not yet available; or there is a pending application to adjust status or application for an immigrant visa.
At Reyes Bartolomei Browne, we have over 20 years’ experience in helping people with immigration issues. If you are interested in obtaining a family-based visa or have any immigration questions or issues, please call one of our bilingual immigration attorneys for a consultation, or fill out the questionnaire to the right of this page.