Family

FValdezLaw PC works with individuals and families to determine ways to obtain legal residence in the U.S., offering options and solutions to unite your family. From spouses and children to siblings and other relatives, there are visas available that may meet your needs.

Each type of visa has different opportunities for family members as well as different requirements. Our firm is experienced in helping families navigate the immigration system, representing individuals and families in immigration cases. Please contact FValdezLaw PC for additional information on qualifications and options specific to the many types of visas available.

Family-Based Permanent Visas

One of the most widely-used methods to obtain legal permanent residence in the U.S. is through family sponsorship, which is categorized based on the relationship of the foreign national to the petitioning U.S. citizen or legal permanent resident (LPR).

Immediate Relatives

U.S. immigration law promotes family unity by allowing certain foreign nationals to join their U.S. citizen spouse, parent or child without having to wait for an immigrant visa number to become available. These individuals must demonstrate the following relationship to their U.S. citizen relative:

  • Spouses to a U.S. citizen
  • Unmarried children under age 21 of a U.S. citizen; and/or
  • Parent(s) to a U.S. citizen child over age 21.

Other Relatives

For foreign relatives who do not qualify as Immediate Relatives, U.S. immigration law provides different preference categories based on the foreign relative’s relationship to the U.S. citizen or legal permanent resident (LPR). These relationships are separated into four family-based preferences:

  • F1: First Preference, Unmarried adult children (over age 21) of U.S. citizens — Family-based immigrant visas may receive a first preference category (F1) if the foreign relative is an unmarried son or daughter, over age 21, to a U.S. citizen parent.
  • F2: Second Preference, Spouses and children, and unmarried children of LPRs — Family-based immigrant visas are assigned a second preference category (F2) if the foreign relative is related to a LPR in the following ways: F2A Preference for a spouse or an unmarried child under age 21 of an LPR; or F2B Preference for an unmarried child over age 21 of an LPR.
  • F3: Third Preference, Married children of US citizens — Family-based immigrant visas are assigned a third preference category (F3) if the foreign relative is a married child (of any age) of a U.S. citizen.
  • F4: Fourth Preference, Siblings of adult US citizens — Family-based immigrant visas are assigned a fourth preference category (F4) if the foreign relative is the brother or sister of a U.S. citizen and the U.S. citizen is at least age 21.

V Visa (Visa for Spouse and Children of a Lawful Permanent Resident)

Spouses or children of legal permanent residents (LPRs) may apply for a V visa to allow them to come to the U.S. to live and work while they wait for an approval of their immigrant status. The V visa requires that a Petition for Alien Relative was filed by the U.S. relative (LPR) before December 21, 2000. Spouses or children must show that they have been waiting at least three years for action by USCIS on their petition and they have not received a visa number due to worldwide numerical limitations.

K-1 and K-2 Visa (Fiancés and Minor Children)

The K-1 visa allows the fiancé(e) of a U.S. citizen to enter the U.S. to marry the U.S. citizen as part of the U.S. immigration policy to unite families. The marriage should take place within 90 days of the fiancé(e) entering the U.S. Failure to marry the U.S. citizen fiancé(e) within the 90 days will prevent the foreign national from being eligible to apply for permanent residence. Minor children belonging to the fiancé(e) may also apply for K-2 status to enter the U.S. with their parent and subsequently apply for permanent residence.

K-3 and K-4 Visas (Spouses and Unmarried Children)

The new K-3 and K-4 visas are available to foreign spouses of U.S. citizens, and their unmarried children under age 21, who wish to enter the U.S. to be united with their U.S. citizen relative while their immigrant petition is pending. The purpose of the K-3 and K-4 visas is very similar to the K-1 and K-2 visas; to allow families to be united. The difference between K-1 and K-2 from K-3 and K-4 is that a marriage has already occurred prior to the foreign spouse and children having entered the U.S.

Please contact FValdezLaw PC for additional information on all available visa types. We look forward to discussing your individual situation and helping you find the best solution available.