Reid & Gaudett Law Group, LLP  The Law Office of Andrea R. Reid

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Office:  1.413.737.1200

  
The Law Office of Andrea R. Reid
 
Immigration Law - Family
Find below the links to all of the area of Immigration Law that Attorney Reid offers...
 
ASYLUM VAWA
B Visas Citizenship and Naturalization
H Visas Deportation and Removal
L Visas Family
R Visas Employment
U Visas Non-Immigrant Visas
 
 

FAMILY-BASED IMMIGRATION
Foreign born individuals who wish to apply for permanent residence in the United States may do so based on a qualifying relationship to a U.S. citizen or Lawful Permanent Resident family member. The process entails that the qualifying family, who must either, be the spouse, parent, child, or sibling of the foreign national, must file an immigrant relative visa petition with the United States Citizenship and Immigration Services. Once the immigrant visa petition is approved, the foreign born individual must then apply to adjust their status, is presently in the United States, or consular process, if outside the United States.

Our attorneys have significant experience in successfully representing family-based applicants, in or outside the United States, whether their case is straightforward or complex. We have over fifteen years combined practical experience handling cases that are complicated by past immigration violations, criminal concerns or other potential impediments to admission to the U.S. as a permanent resident.

Family Based Immigrant Visa
K-1 Visa

The K-1 visa is available to fiancés and fiancées of U.S. citizens. Applicants first must have an I-129F petition approved by U.S. Citizenship & Immigration Services (CIS), and then apply for a single-entry K-1 visa stamp at the appropriate U.S. Embassy or Consulate abroad.

• The K-1 visa holder must marry the petitioning U.S. citizen fiancé(e) within 90 days of entry into the U.S.
   in K-1 status, and should then file for adjustment of status to lawful permanent residence (via Form I-
   485) within that same timeframe to avoid becoming undocumented when the K-1 status expires.

• K-1 visa holders can apply for an Employment Authorization Document (EAD) which would allow them
   to work based on the K-1 visa prior to applying for permanent residence (but in practice the EAD is rarely
   received prior to its expiration at the end of the K-1 validity period).

• Applications for an EAD and Advance Parole (travel authorization) can also be concurrently-filed with an
   I-485 application after admission in K-1 status.

• Children of a K-1 applicant may enter the U.S. with a K-2 visa as long as the child is under 21 years
  of  age.  The K-2 visa holder should also apply for adjustment of status to permanent residence after
  the marriage of the K-1 parent, but will only be eligible to apply for permanent residence through that     
  marriage while under the age of 21.

K-3 Visa

The K-3 visa is available to spouses of U.S. citizens who wish to enter the United States in order to complete the permanent residence process. The U.S. citizen must first file an I-130 immigrant visa petition on behalf of his or her spouse. Thereafter, the foreign national spouse must obtain an approved I-129F from U.S. Citizenship & Immigration Services (CIS) in order to apply for the K-3 visa through the U.S. Embassy or Consulate in the country in which the marriage took place (if the marriage took place outside the U.S.).

• The K-3 typically allows an individual to make multiple-entries into the U.S. and is initially valid for two
   years, during which time the visa holder must either apply for permanent residence or apply to extend
   the K-3 visa.

• A K-3 nonimmigrant is eligible to apply for an Employment Authorization Document (EAD), which
   provides general employment authorization to work with any U.S. employer for the validity period of the
   visa.

• Children of a K-3 applicant may enter the U.S. with a K-4 visa as long as the child is under 21 years of
   age and was under the age of 18 at the time the K-3 parent and the U.S. citizen were married. The K-4
   child should also apply for adjustment of status to permanent residence after the marriage of the K-3
   parent, but will only be eligible for permanent residence through that marriage while under the age of 21.

Conditional Residency (CR-1)

The CR-1 visa is available to qualified spouses of U.S. citizens who wish to apply for adjust of status within the United States. The U.S. citizen spouse must first file an I-130 immigrant visa petition on behalf of his or her spouse with U.S. Citizenship & Immigration Services (CIS). Thereafter, the foreign national spouse must file of adjustment of status with CIS. At the time of adjust, if the marriage is less than 2 years old, the foreign national is granted conditional residency status, with the requirement that the foreign national and his or her United States citizen spouse must file within 90 days of the two year anniversary of the cards issuance, to remove the conditions. Children under age 21 of a CR-1 applicant may enter the U.S. with or
adjust in the United as a CR-2.

Family Based Preference for Immigrant Visa
Immediate Relatives

• Includes spouses of U.S. citizens, minor unmarried children (under 21 years old, including certain
  adopted children and orphans) of U.S. citizens, and parents of U.S. citizens who are over 21 years old.
  Also includes spouses and children of U.S. citizens who are victims of domestic violence, and spouses of
  deceased U.S. citizens who were married for at least two years at the time of the spouse's death and were
  not legally separated, provided that the foreign national spouse has not remarried and files an immediate
  relative petition within two years of the death of the U.S. citizen spouse.

• Unlimited number of visas (i.e. no waiting list).

• No derivative beneficiaries of an immediate relative (see below). A separate petition must be filed for each
   immediate relative.

First Preference
 • Unmarried sons or daughters (over 21 years old) of U.S. citizens.

Second Preference
• Family 2A - Spouses and children of lawful permanent residents, including those who are victims of
   domestic violence.

• Family 2B - Unmarried sons or daughters (over 21 years old) of lawful permanent residents.

Third Preference
• Married sons and daughters of U.S. citizens.

Fourth Preference
• Brothers and sisters of U.S. citizens 21 years of age or over.

Derivate Beneficiaries
• Spouses and children of the principal alien under each preference category are entitled to the same status
   and order of consideration if accompanying or following to join the principal alien. This does not apply to
   Immediate Relatives.


Please note that there are an unlimited number of visa numbers available to Immediate Relative applications, which is not true for family members who wish to benefit from a preference category. To determine whether there is a delay (a.k.a. retrogression) in the availability of an immigrant visa in a particular family-based preference category, refer to the U.S. State Department's monthly Visa Bulletin, which provides information about the availability of immigrant visas in each family-based and employment-based preference category.

 

 

The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult us or another attorney for individual advice regarding your own situation.


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