Family-based Immigration

A family petition, represented by Form I-130, defines the status of the petitioner and the beneficiary seeking benefits through USCIS. By filling out this form, petitioners attest to their relationship with the intended immigrant, be it a spouse, child, parent, or sibling. Once approved, it opens the door for the family member to apply for lawful permanent residence.

The purpose of Form I-130 is to establish a valid family relationship between a U.S. citizen or a lawful permanent resident (Green Card holder) and a relative who wishes to immigrate to the United States. When a U.S. citizen or Green Card holder petitions for a family member for U.S. immigration, this form is the documentary proof of their familial bond. By filing this form with the U.S. Citizenship and Immigration Services (USCIS), the petitioner (the U.S. citizen or Green Card holder) initiates the process for the beneficiary (the relative) to obtain a family-based Green Card. It’s vital to demonstrate the authenticity of the relationship, particularly in cases like marriage-based visas, to ensure the immigration process is genuine and not taken advantage of.

Adjustment of Status is a process usually pursued by individuals already admitted or paroled into the United States. This process allows these individuals to transition from their current visa status to that of a lawful permanent resident without needing to return to their home country for consular processing. The primary form for this process is the Form I-485, which in majority of the cases is filed concurrently with Form I-130.

Form I-130 and I-485 serve distinct roles in the immigration process. While the I-130 verifies the familial connection between a sponsor and an intending immigrant, the I-485 is the formal request to adjust the immigrant’s status to a lawful permanent resident. Think of the I-130 as the proof of relationship and the I-485 as the application to live in the U.S. indefinitely.

If your I-130 petition is denied, it’s important to first understand the reasons, which will be detailed in the provided “Notice of Action“. Consider appealing the decision to the BIA within the stipulated 30-day timeframe if possible. Denials can be stressful, but we’re here to assist. Connect with the team at Sharma-Crawford today! Call (816) 994-2300 for guidance, ensuring a smoother path ahead.

Consular Processing is the method used to apply for a U.S. Green Card when the applicant is outside the United States or wasn’t admitted to the United States. Instead of adjusting their status within the U.S., they attend an interview and process their application at a U.S. embassy or consulate in their native country. Consular Processing is generally used when the applicant is ineligible to adjust or is abroad and wants to enter the U.S. as a lawful permanent resident.

The K-1 Fiancé(e) Visa, often referred to simply as the Fiancé(e) Visa, is designed specifically for foreign nationals intending to marry a U.S. citizen. It grants the foreign fiancé(e) permission to enter the United States for a period of 90 days with the sole purpose of getting married to the U.S. citizen petitioner. Once married within this timeframe, the K-1 visa holder can then apply for an adjustment of status to become a lawful permanent resident (green card holder).

The K-1 visa is unique in that it is a non-immigrant visa allowing the foreign fiancé(e) of a U.S. citizen to enter the United States temporarily for the purpose of marriage. Upon completion of the marriage within the stipulated 90-day period after entering the United States, the K-1 visa holders can adjust their status to that of a lawful permanent resident. Thus, while the K-1 visa is technically a non-immigrant visa upon issuance, its design facilitates an eventual transition to an immigrant status. It’s crucial to understand that the K-1 visa holder must marry the U.S. citizen petitioner within 90 days of arrival, and then they are eligible to apply for an adjustment of status to become a permanent resident. If the marriage does not occur within this timeframe, the visa holder may be required to leave the U.S.

Yes, a K-1 visa holder can seek employment in the United States, but not immediately upon arrival. Once the foreign fiancé(e) enters the U.S. on a K-1 visa, they can apply for a work permit, technically referred to as an Employment Authorization Document (EAD). This application is done by submitting Form I-765, “Application for Employment Authorization,” to the U.S. Citizenship and Immigration Services (USCIS). However, the K-1 visa holder must consider factors such as EAD processing times, temporary nature of the EAD, and the adjustment of status. It is highly recommended that you consult with the experienced team at Sharma-Crawford by calling  (816) 994-2300

A marriage-based green card allows the foreign spouse of a U.S. citizen or a lawful permanent resident (LPR) to live and work in the U.S. It’s given based on a bona fide marriage and meeting specific eligibility criteria. If the marriage is new (less than two years old), the recipient initially receives a conditional green card, valid for two years. To transition to a 10-year green card, the couple must jointly file to remove these conditions, demonstrating the ongoing legitimacy of their marriage. Failure to meet these requirements can result in the denial of the permanent green card.

Obtaining a marriage-based green card typically starts with establishing the marital relationship (Form I-130), followed by applying for the green card (Form I-485 or DS-260), and then finally attending an interview before approval. It is highly recommended that you consult with the experienced team at Sharma-Crawford by calling  (816) 994-2300

Yes, a U.S. citizen or lawful permanent resident (LPR) spouse must establish that they intending immigrant will not need public assistance in the United States. To show this, the sponsoring spouse must file a Form I-864 and meet the eligibility criteria. The journey to a permanent residency in the U.S. is exciting but complex, seeking expert legal assistance is highly recommended. Call the experienced team at Sharma-Crawford today by calling (816) 994-2300

Form I-751, also known as the Petition to Remove Conditions on Residence; it is an important document used by conditional permanent residents to remove the conditions on their status and obtain a 10-year permanent resident card (or green card). This form is for individuals who have been granted conditional resident status through marriage to a U.S. citizen or a lawful permanent resident (LPR) for less than two years. By submitting this form, applicants demonstrate that their marriage was genuine and that it was not entered solely for immigration benefits. A successful processing of form I-751 and receiving approval means transitioning from conditional to full permanent residency in the United States.

Form I-751 requires evidence to validate the continuing authenticity of your marital relationship. Essential documents include, joint financial statements like tax returns or bank account records, proof of cohabitation such as lease agreements, photographs from various events, and affidavits vouching for your genuine marriage. If you have children, their birth certificates are essential. The goal is to demonstrate a legitimate marital bond beyond just immigration benefits.

Upon properly filing the I-751 petition, U.S. Citizenship and Immigration Services (USCIS) will first send a receipt notice, formally known as Form I-797C, Notice of Action. This receipt typically arrives 4 to 6 weeks post-filing and confirms that USCIS has received your petition. This notice extends the applicant’s conditional resident status for 48 months, allowing for uninterrupted residency while the decision is pending. If additional details are required, USCIS may request further evidence or even schedule an interview. Once the review concludes, the applicant will either secure approval and be granted permanent residency or face a denial, potentially leading to removal proceedings. Due to complexity involved with filing I-751 petition to remove conditions, it is extremely important to seek guidance and consultation from an immigration attorney. Connect with the team at Sharma-Crawford today! Call (816) 994-2300

After filing Form, I-751, petitioners can travel outside the U.S. However, they must carry the receipt notice (Form I-797C, Notice of Action) they received from USCIS upon filing, their expired green card and a valid passport. This notice extends their conditional resident status for 48 months. It’s essential to keep this with you as proof of your continued lawful status when re-entering the U.S. However, prolonged absences from the U.S. can raise concerns about the authenticity of your marital relationship or your intent to reside permanently in the U.S., so it’s advisable to consult with an immigration attorney before any extended trips abroad.

Yes, you can file Form N-400, Application for Naturalization, while your Form I-751 petition is still pending. If you meet all the eligibility criteria for naturalization, you don’t have to wait for the I-751 to be approved to proceed with the N-400.  However, during the naturalization interview, both your I-751 petition to remove conditions on residence and your N-400 application for naturalization will be addressed.   It’s advisable to consult with the experienced team at Sharma-Crawford to navigate the nuances and ensure both processes are handled effectively. Call (816) 994-2300 today!

If your spouse refuses to sign Form I-751, you may still have options. It’s possible to submit the form without your spouse’s signature by requesting a waiver of the joint filing requirement. This approach is pertinent, especially if your marriage was entered into with sincere intentions; you may stand a good chance of retaining your permanent residence. While navigating this process, it’s imperative to provide evidence confirming the authenticity of your marriage. Filing without your spouse’s signature can be complex, and any oversight might jeopardize your conditional resident status. Therefore, seeking guidance from an immigration attorney is extremely crucial, especially when facing challenges like an uncooperative spouse. Connect with the team at Sharma-Crawford today! Call (816) 994-2300