Essex County Family Immigration Attorney

One of the largest practice areas within immigration law is family immigration. Often, families are separated for months or even years at a time as they make efforts to come to the United States. At the Law Offices of Christopher T. Howell, Esq., we are proud to help families start their new lives in the United States. Our firm is committed to guiding you through each step of the process, no matter how simple or complex your particular situation may be. With so many different facets of family immigration, it is important to speak with an experienced attorney who can assess your situation and help you navigate towards your goals. Contact our firm to discuss your case.

Fiancé Visas: K-1

Couples often find themselves in international relationships. Of course, this can be complicated as they want to be together. When a couple gets engaged to be married, the U.S. citizen can petition their fiancé for a K-1 visa. This visa allows the non-resident to move to the United States as long as they marry their significant other within 90 days of arriving in the country.

Unfortunately, there are many instances of marriage fraud so immigration officials will require the couple to prove that they are in a legitimate relationship. Some forms of evidence that may be important in proving your relationship include photographs, evidence of financial support, correspondences, and anything else that demonstrates a legitimate relationship between the two parties. If the couple does not marry within 90 days, the fiancé falls out of status and is generally required to depart the United States.

Conditional Residence

Once a couple gets married and the immigrant spouse becomes a permanent resident, they may receive conditional residence if the marriage was less than two years old on the date permanent residence was granted. These conditions last for two years from the start of conditional residence, not from the date of the wedding. It is important that during the 90-day period before the conditional green card expires, an I-751 petition is filed, and this may be filed jointly or, when applicable, through one of several waiver options if the marriage has ended or other qualifying circumstances exist.

If the couple fails to remove conditions, conditional resident status can terminate, and the individual may be placed in removal proceedings, although USCIS can accept late filings for good cause. After the conditions are removed with a successful I-751 petition, a permanent resident may pursue naturalization once they meet the standard 3-year (if still married to a U.S. citizen) or 5-year residency requirements; eligibility is not tied solely to the I-751 approval date.

Petitioning Family Members for a Green Card

Some individuals are permitted to petition for their relatives to immigrate to the United States. The right to petition a family member is extended to U.S. citizens and lawful permanent residents. Refugees and asylees may file Form I-730 to bring a spouse or unmarried child under 21 within two years of being granted refugee or asylee status. To petition a family member, U.S. citizens and permanent residents must file a Form I-130, Petition for Alien Relative.

In the event that the relative you wish to petition for is already in the United States, they may be able to submit Form I-485 to adjust their status if they meet eligibility requirements, such as being inspected or admitted and having a visa immediately available. If the relative is not in the U.S., your relative will have to wait for a visa to become available for consular processing. Immediate relatives of U.S. citizens are not subject to numerical visa limits, while other family categories may face wait times based on annual quotas.

Contact an Essex County, NJ Family Immigration Attorney

Immigration is a complicated matter, and there are many aspects that need to be considered. If you need assistance bringing your family members to the United States, it is important to speak with an experienced family immigration attorney who can help you navigate this confusing process. The Law Offices of Christopher T. Howell, Esq. understands how much is on the line when your family is separated. Let our firm help you understand the family immigration process. Contact us today.