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Family Immigration Law
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K-1 Fiancé or Fiancée Visa
This type of nonimmigrant visa is issued to the foreign-citizen fiancé or fiancée of a United States citizen so they may travel to the country to marry their partner (referred to as the U.S. citizen sponsor) within 90 days of arrival. After the couple marries, the foreign citizen applies to adjust their status to become a lawful permanent resident of the United States — a Green Card holder.
A K-1 visa allows the holder to immigrate to the United States and marry a citizen shortly after arriving, so the fiancé or fiancée must meet some of the requirements of an immigrant visa. Children of eligible K-1 visa applicants receive K-2 visa designations, as they derive their immigration status through their parent.
Under U.S. immigration law, citizens can petition for qualified relatives to come and live permanently in the United States. This includes your spouse, unmarried children under the age of 21, and parents (if you are a U.S. citizen over the age of 21). There is an unlimited number of visas for particular categories, so immediate relatives receive special immigration priority and do not have to wait in line for a visa number to become available for them.
Every year people come to the United States seeking protection because they have suffered persecution or fear of persecution in their home country due to:
- Membership in a particular social group
- Political opinion
If you are eligible for asylum you may be permitted to remain in the United States. There is no government fee to apply for asylum. You may include your spouse and children who are in the United States on your application at the time you file or at any time until a final decision is made on your case. To include your child on your application, the child must be under 21 and unmarried.
Violence Against Women Act (VAWA)
In many cases of domestic violence, battery, and extreme cruelty to immigrants, the legal resident would withhold their sponsorship as a method of abuse and retaining control over the situation. The VAWA program provides victims the opportunity to self-petition and seek legal immigration status without the sponsorship of a permanent resident or U.S. citizen.
Conditional Residence/Removal of Conditions
If your marriage is less than two years old on the day you were given a permanent residence, your residence status is conditional. On the day you are lawfully admitted to the United States after adjustment of your status or on an immigrant visa, you are given conditional resident status. Your status is conditional because it must be proven that you did not get married to evade United States immigration laws. In order to remove the conditions, you have to file Form I-751, Petition to Remove Conditions on Residence.
I-601A Provisional Waivers
Beginning March 4, 2013, the provisional unlawful presence waiver process was updated to allow certain visa applicants who are parents, spouses, and children, or U.S. citizens to apply for provisional unlawful presence waivers before they leave the United States. It was developed to shorten the time span in which U.S. citizens and lawful permanent residents are separated from their loved ones while those relatives are completing the process to obtain their immigrant visas.
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12700 Hillcrest Rd #125, Unit 126
Dallas, TX 75230
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