Family Based Immigration: The Process Explained

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Moving to the U.S. with your family can be a complicated affair if members of your family are not residents or citizens. There are a number of different visas available depending on the nationalities of your family, and the state you plan to move to. Here is a short guide on what you should know before moving.

Seeking Permanent Residence vs Vacations

Depending on what you’re seeking to gain by bringing your family to the U.S., you’ll have different options available. In most cases, you will need a visa of some kind when travelling to the country as a non-national or resident.

You can apply for a travel visa online, if you’re going for tourism. This visa is known as a B-2, and is valid for visiting friends and family, medical treatment or a general vacation. It’s possible to be eligible for a waiver, if travelling from specific countries.

For permanent residency, the visas are more complicated, and take more time to fill out.

How To Get Started

To begin with the family immigration process, you should speak to a highly-qualified lawyer, they will be able to rightfully explain your specific situation. You should choose an attorney that will represent your interests and is in the local area.

In Austin, you can get an immigration lawyer from Farmer Law PC. They offer world class communication and constantly respond to their clients, in a comprehensive manor.

Family immigration is defined as the joint effort of at least two family members, a petitioner and a beneficiary. The petitioner must be one of two things, either a lawful permanent citizen to begin with, or a U.S. citizen. They must be willing to sponsor the foreign family member for a green card, before doing anything else.

Different Visas And Their Use

There are a few different visas available. This depends on your personal situation. The K-3 visa is available to spouses of U.S. citizens, assuming they are the beneficiary of an I-130 petition. This reduces the amount of time the couple spend apart.

In regards to bringing another relative, you must be a U.S. citizen or a permanent resident to begin with. Then you’ll be able to fill out a I-130, which is the first step. To complete the process, beneficiaries must apply for adjustment of status. An adjustment of status, is what is more commonly known as the green card process. Where someone who has been admitted to the country legally, is able to change their resident status.

If not yet married, but planning to be, then you can apply for a K-1 visa. This allows a U.S. citizen to bring their fiancé or fiancée over with the goal of getting married. When these K-1s have been entered, the couple must marry within 90 days. From there, the U.S. citizen will be able to attempt to seek permanent resident status for their partner.

 

 

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About the Author: Brian Novak