• Maria Cordon

Family Immigration. #Family Petition, #K-1, #K-3.

Persons who are considered immediate relatives can sponsor family members. Immediate Relatives such as single children under 21, spouses, parents of United States of Citizens over 21 can be petitioned and find that there is a an immigrant visa almost immediately available to them.

Qualifying fiancées or spouses of U.S. citizen and their qualifying dependents can also file for a K visa.

There are also what is called preference categories: spouses and under 21 children of legal permanent residents, over 21 unmarried sons or daughters of legal permanent residents, unmarried and married sons and daughters, and siblings of United States Citizens are eligible to file for a family petition. In my opinion, the preference immigrant visa process can be described as slow and slower.

In that step of the process, United States Citizenship and Immigration Services (USCIS) checks that the family relationship is one authorized by the Immigration and Nationality Act (INA). For example, you cannot petition for your cousin.

The next step of the process after USCIS checks the family relationship is to check the individual’s medical, criminal, and immigration history. Immigrant waivers are available to waive many of those grounds of inadmissibility. Depending on whether people meet certain conditions, they can do they do the two-step: file a petition and adjustment of status in the United States at the same time. Otherwise, they have to file outside the United States at an Embassy or Consulate that has been approved by the U.S. State Department to process immigrant visas.


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