A foreign citizen seeking to live permanently in the United States requires an immigrant visa. Family-based immigration allows foreign nationals to obtain immigrant visas through eligible relatives, and there are very specific rules for determining if a family relationship qualifies for immigration benefits. These family members must either be US Citizens or Lawful Permanent Residents (LPRs) and must file petitions with the United States Citizenship & Immigration Services (USCIS) on behalf of their foreign national relative. Children, parents, siblings, spouses, fiancé(e)s and, in some cases, grandchildren can potentially qualify for immigration benefits.
There are two different types of family-based immigrant visas:
Immediate Relative Visas – these visas are based on a close family relationship with a US citizen, such as a spouse, child or parent. The number of immigrants in these categories is not limited each fiscal year.
Family Preference Visas – these visas are for specific, more distant, family relationships with a US citizen and some specified relationships with a Lawful Permanent Resident (LPR). The number of immigrants in these categories is limited each fiscal year.
Different rules apply according to whether an immigrant visa petition is filed by a US citizen or a Lawful Permanent Resident, and the team at Baker Stirling is able to advise you on the most appropriate option for your family situation.
A foreign citizen seeking to obtain a non-immigrant family-based visa should apply for either a K-1 or a K-3 visa.
K-1 Visa – This non-immigrant visa category is for the foreign-citizen fiancé(e) of a United States citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen must then apply for adjustment of status to become a lawful permanent resident (LPR).
K-3 Visa – This non-immigrant visa category is for the foreign-citizen spouse of a United States citizen. Once granted, K-3 visa recipients can subsequently apply to adjust status to a lawful permanent resident (LPR).
Adjustment of status is the process that an individual can use to apply for LPR status when they are present in the United States. This is more commonly referred to as applying for a Green Card. The application to adjust an individual’s status must be filed with the United States Citizenship and Immigration Services (USCIS) if the individual is in the US, or with the United States Department of State (via consular processing) if the individual is outside the US.
Baker Stirling takes a rounded approach to the assessment of your legal needs, and strives to provide you and your family with the professional advice and support that is required to help you navigate the complex US immigration laws and to best achieve your objectives.
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