Family Based Immigration
One of the most common ways for people to get a green card is through a family member. U.S. citizens and lawful permanent residents can help certain family members immigrate to the United States. This is a two-step process. First, the U.S. citizen or lawful permanent resident files a family visa petition. Second, the foreign national relative files an application to become a permanent resident. Each step involves different legal and factual issues, no two cases are the same.
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I-130, Petition for Alien Relative
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Form I-130 establishes that a valid family relationship exists between a U.S. citizen or green card holder and a person seeking a green card. Relationships may include those between spouses, parents, children and siblings. Family based petitions fall under two categories, Immediate Relative and Family Preference. One should review the most recent U.S. Visa Bulletin for current priority dates.
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K-1 Visas
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The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) 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 will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.
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I-601A, Application for Provisional Unlawful Presence Waiver
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The I-601A Provisional Unlawful Presence Waiver, often referred to simply as the “provisional waiver,” is a process by which individuals who are currently in the United States and will be applying for an immigrant visa at a U.S. consulate abroad, and whose only inadmissibility issue is unlawful presence under INA § 212(a)(9)(B), may apply for the waiver of inadmissibility before they leave the United States. The process generally helps individuals who have been living in the United States without status, are not eligible to adjust, and have no other inadmissibility issues.
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I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal
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An I-212 can overcome inadmissibility under INA § 212(a)(9)(A), which is triggered for a certain number of years when a person is either physically removed from the United States pursuant to a removal order or otherwise departs while a removal order is outstanding, thereby executing the order. If granted, the I-212 allows that person to seek admission to the United States even though they have not waited the required period of time after a removal.
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