Family Petitions

U.S. immigration laws offer several paths to permanent residence, and most of them begin either with an employer sponsor or with a family-based petition. You can find information below on the most common family-based petitions.

Most Popular Family Immigration Processes

K-1 Fiancé(e) Visa
This is a type of visa that allows a U.S. citizen to sponsor a foreign national for a visit to the United States. The foreign national has 90 days to either marry the U.S. citizen or leave the country.

K-3 Marriage Visa
A marriage visa permits a foreign national who has already married a U.S. citizen to enter the country. The alien can then process an Adjustment of Status to get permanent residence.

Adjustment of Status
This is a process that takes place in the United States. A foreign national who enters the United States on a visa and then marries a U.S. citizen can apply to get a Green Card without leaving the country. Also, some illegal aliens can complete this process.

Marriage Interviews
Part of the process of getting a spousal immigrant visa is completing an interview with the USCIS. This section details some of the issues and the importance of having legal counsel when you reach this stage.

I-601 Waiver An alien who is not able to adjust status or who is outside of the United States and is not permitted to enter again for a certain period (e.g. five or ten years) may be able to apply for an I-601 Waiver if s/he is the spouse or child of a U.S. citizen or lawful permanent resident. This is a common option for illegal immigrants currently in the United States.

Other Family Immigration Processes

Removal of Conditions (I-751)
If you and your spouse are married for less than two years when you apply for an immigrant visa (Green Card), the foreign national only receives a two-year residency. To get a full ten-year resident card, you have to file an I-751 Removal of Conditions approved in the three months before the residency terminates.

Widow/er Petitions
For many years, a foreign national whose spouse died while the paperwork was being processed suffered a double loss: losing a loved one and losing a chance at immigrating to the United States. However, the law has been changed to allow certain immigrants to continue their cases even if their family member dies.

Sibling Petition
If you are the brother or sister of a U.S. citizen, your sibling can get an immigrant visa for you, your spouse, and your unmarried children under age 21.

Parent/Child Petition
If you are the child of a U.S. citizen or an LPR, you can immigrate through a petition filed by your parent. U.S. citizen adults can also bring their parents over as immigrants.

Victims of Abuse
If your LPR or U.S. citizen relative is abusive toward you, you might be eligible for an immigrant visa without that person’s assistance. You can self-petition as a victim of abuse, and you may also be eligible for protection through asylum.