FAMILY MIGRATION VISA

Family-Based Immigration:

• A foreign citizen seeking to live permanently in the United States requires an immigrant visa (IV). To be eligible to apply for an IV, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or a U.S. Lawful Permanent Resident (that is, a green-card holder).

There are two types of family-based immigrant visas:

Immediate Relative

These visas are based on a close family relationship with a U.S. citizen, such as a spouse, child, or parent. The number of immigrants in these categories is not limited to each fiscal year.

Family Preference

These visas are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). The number of immigrants in these categories is limited each fiscal year.

• Keep in mind that S. citizens can file an immigrant visa petition for their:
• Spouse
• Son or daughter
• Parent
• Brother or sister

U.S. Lawful Permanent Residents can only file an immigrant visa petition for their:

• Spouse
• Unmarried son or daughter

FIANCÉ NON IMMIGRANT – IMMIGRANT CHANGE OF STATUS VISA

The fiancé (e) K-1 nonimmigrant visa is for the foreign-citizen fiancé (e) of a United States (U.S.) citizen.

The K-1 visa permits the foreign-citizen fiancé (e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security (DHS), and U.S. Citizenship and Immigration Services (USCIS). Because a fiancé (e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé (e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.