Fairfax County Family Immigration Lawyers

If you live and work here in the United States, you may wish to help your family join you. Fortunately, there are several routes available for permanent residents and United States citizens to help their loved ones obtain permanent residency as well. Continue reading and contact the skilled Fairfax County family immigration lawyers at Goel & Anderson for comprehensive assistance today.

Family Immigration Lawyers Serving Virginia & the DMV Area

As you likely know, the process of becoming a permanent resident is document-heavy and not always straightforward. That said, with the right team of Virginia immigration lawyers in your corner, it doesn’t have to be unnecessarily complicated or overwhelming. Goel & Anderson is dedicated to simplifying the process for our clients and uniting families here in the United States.

Types of Family-Based Immigration Visas

When helping a family member obtain permanent residency, it’s crucial to understand the different types of family-based immigration visas available. These visas are divided into two main categories: immediate relative immigrant visas and family preference immigrant visas.

Immediate Relative Immigrant Visas

These visas are not subject to annual caps, allowing eligible immediate relatives to immigrate without waiting for a visa number to become available.

• IR-1: Spouse of a U.S. Citizen: This visa is available to the spouse of a U.S. citizen, allowing them to live and work permanently in the United States.
• IR-2: Unmarried Child Under 21 of a U.S. Citizen: This visa is for unmarried children under the age of 21 of U.S. citizens.
• IR-3: Orphan Adopted Abroad by a U.S. Citizen: This visa is designed for children adopted abroad by U.S. citizens.
• IR-4: Orphan to be Adopted in the U.S. by a U.S. Citizen: This visa is for orphans who will be adopted within the United States by U.S. citizens.
• IR-5: Parent of a U.S. Citizen: U.S. citizens who are at least 21 years old can petition to bring their parents to live permanently in the United States.

Family Preference Immigrant Visas

Family preference immigrant visas are allocated to more distant family relationships with a U.S. citizen or a lawful permanent resident. Unlike immediate relative visas, these visas are subject to annual numerical limits, which means there may be a waiting period before a visa becomes available. The different types of family preference immigrant visas include:

• F1: Unmarried Sons and Daughters of U.S. Citizens: This visa is for unmarried sons and daughters (21 years or older) of U.S. citizens.’
• F2: Second Preference: This category is divided into two subcategories:
  • F2A: For spouses and unmarried children (under 21) of lawful permanent residents.
  • F2B: For unmarried adult sons and daughters (21 years or older) of lawful permanent residents.
• F3: Married Sons and Daughters of U.S. Citizens: U.S. citizens can petition for their married sons and daughters to immigrate.
• F4: Brothers and Sisters of U.S. Citizens: U.S. citizens who are at least 21 years old can petition for their brothers and sisters to come to the United States.

K-1 Fiancé(e) Visas

In addition to family-based immigration visas, U.S. citizens also have the option to bring their fiancé(e) to the United States through a K-1 Fiancé(e) Visa. This visa is specifically designed for those who are engaged and plan to marry within 90 days of the fiancé(e)’s arrival in the U.S.

• Eligibility: To qualify for a K-1 visa, the U.S. citizen and their fiancé(e) must demonstrate a genuine intent to marry within 90 days of the fiancé(e)’s entry into the United States. Additionally, the couple must have met in person at least once within the two years prior to filing the visa petition, unless an exemption applies due to extreme hardship or cultural customs.
• Petition Process: The U.S. citizen begins the process by filing Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). Once this petition is approved, it is sent to the U.S. embassy or consulate in the fiancé(e)’s home country for further processing.
• Visa Interview: The fiancé(e) will attend an interview at the U.S. embassy or consulate, where they must provide evidence of the relationship and the intent to marry. If the visa is approved, the fiancé(e) can travel to the United States.
• Marriage Requirement: After arriving in the U.S. on a K-1 visa, the couple must get married within 90 days. Failure to marry within this time frame can result in the fiancé(e) being required to leave the United States.
• Adjustment of Status: Once married, the foreign national can apply to adjust their status to become a lawful permanent resident (green card holder) by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

The K-1 visa provides a unique opportunity for engaged couples to reunite in the United States and build their lives together. However, the process can be complex, with specific requirements that must be met. Our experienced Fairfax County immigration lawyers at Goel & Anderson are here to guide you through every step, ensuring a smooth transition from fiancé(e) to permanent resident.

The Petition Process

Petitioning for a family member to obtain a visa involves several critical steps. Here’s an overview of the process:

1. File the Petition: The U.S. citizen or lawful permanent resident must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the familial relationship and begins the immigration process.
2. Receive Notice of Action: After filing, USCIS will send a Notice of Action (Form I-797), acknowledging receipt of the petition. USCIS will then review the petition and supporting documents.
3. Approval or Denial of Petition: USCIS will either approve or deny the petition. If approved, the petition will be sent to the National Visa Center (NVC) for further processing. If denied, the petitioner will be notified of the reasons for the denial and may consider filing an appeal.
4. Wait for Visa Availability: For family preference categories, you may need to wait until a visa becomes available. The NVC will notify you when your priority date is current.
5. Consular Processing or Adjustment of Status: Once a visa is available, if the family member is outside the U.S., they will go through consular processing at a U.S. embassy or consulate in their country. If they are in the U.S., they may be eligible to adjust their status by filing Form I-485.
6. Attend the Interview: The family member will be required to attend an interview, where a consular officer or USCIS officer will assess the application and supporting documents.
7. Receive the Visa or Green Card: If the application is approved, the family member will receive their visa (if abroad) or green card (if adjusting status in the U.S.), allowing them to live and work permanently in the United States.

Waivers and Appeals

Sometimes, family immigration petitions may encounter obstacles, such as visa denials or inadmissibility issues. In these cases, it’s essential to understand the options for waivers and appeals:

• Waivers: Certain grounds of inadmissibility, such as unlawful presence, criminal convictions, or health-related issues, may be waived under U.S. immigration law. To apply for a waiver, the applicant must demonstrate that their denial would cause extreme hardship to a U.S. citizen or lawful permanent resident family member. The waiver process typically involves filing Form I-601 or Form I-601A, depending on the specific circumstances.
• Appeals: If a petition or visa application is denied, the petitioner may have the right to appeal the decision. The appeal process involves filing Form I-290B, Notice of Appeal or Motion, with the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), depending on the case. It’s important to act quickly, as there are strict deadlines for filing an appeal.
• Motions to Reopen or Reconsider: If new evidence becomes available or if there was an error in the original decision, the petitioner may file a motion to reopen or reconsider the case. This can be an effective way to challenge a denial without going through the full appeal process.

Contact Our Family Immigration Lawyers Today

Don’t go through the family immigration process alone. If you’re looking to help a spouse, child, parent, or another family member become a permanent resident here in the United States, simply contact the Fairfax County family immigration lawyers here at Goel & Anderson today.