Helping You Bring Your Family To The United States

People around the world dream of uniting their family members in the United States. However, this task is not always easy. Petitioning for family visas is a complex process that can have many administrative hurdles.

At Schwartz Posel Immigration Law Group, we can make the process simpler for you. We will help you fill out your application, file all necessary documents and prepare for any potential obstacles, in addition to representing you at hearings.

Your Options For Family Immigration

Every family is unique. To suit the needs of families around the globe, U.S. Citizenship and Immigration Services (USCIS) offers a variety of visa options, including:

  • K-1 Fiancé(e) Visa: If a U.S. citizen and a noncitizen plan on marrying, they can apply for a K-1 visa for the noncitizen partner to reside in the U.S. while planning the wedding. There are certain requirements that must be met first:
    • The noncitizen fiancé(e) must pass a medical exam.
    • After receiving the visa, the fiancé(e) must come to the U.S. within 180 days.
    • After coming to the U.S., the couple must marry within 90 days.
    • Failure to adhere to these requirements may result in deportation.
  • K-2 Visa: If the noncitizen fiancé(e) has children, their partner can use a K-2 visa to bring the children to the United States. However, the K-2 visa is contingent upon the K-1 visa holder adhering to every applicable regulation. If the K-1 visa holder faces deportation, so will their children.
  • K-3 Spouse Visa: If a noncitizen has already married an American citizen, a K-3 visa will allow them to live with their spouse in the U.S. To obtain a K-3 visa, the citizen spouse has to first file an I-130 petition for their partner. The noncitizen spouse may then stay in the U.S. using a K-3 visa while the petition is processed.
  • K-4 Child Of Spouse Visa: If a noncitizen living in the U.S. under a K-3 visa has young children, they can use a K-4 visa to allow their children to reside in the United States. Similar to the K-2 visa, a K-4 visa depends on the compliance of the K-3 visa holder with all immigration laws.

When you speak with our immigration law attorneys, we will discuss all of your available options for bringing your fiancé(e) or spouse and any stepchildren to the U.S.

How To Obtain Green Cards For Your Family

If you are an adult U.S. citizen or a permanent resident, you can petition to bring your partner or other immediate family members to the country via an I-130 application. Eligible relatives include spouses, children, parents and siblings. If USCIS approves the petition, your spouse or relative must still wait for an available immigrant visa before they can begin permanent residency in the U.S.

While the spouses of American citizens typically receive priority for immigrant visas, all other family members fall into a specific order of preference for entry into the country:

  • First Priority: Unmarried children of U.S. citizens who are 21 or older
  • Second Priority: Spouses and unmarried children of lawful permanent residents
  • Third Priority: Married children of U.S. citizens
  • Fourth Priority: Siblings of U.S. citizens

Finally, once your loved one receives their visa, you may file a petition with the USCIS to adjust their immigration status to that of a permanent resident, granting them a green card. Alternatively, your spouse or family member may use consular processing to place an application in their home country instead.

We Want To Help Unite Your Family

If you are seeking a family visa, call the attorneys at Schwartz Posel Immigration Law Group today at 770-951-1100 or complete our online contact form to schedule your free email consultation with one of our skilled immigration lawyers.

We are located in Atlanta but work with families well beyond Georgia on visa applications.