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| 11271 Ventura Blvd. |
| Suite 473 |
| Studio City, CA 91604 |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Warner Center Towers |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Watt Plaza |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Fashion Island |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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Family Relations
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Applications based on certain family relationships (more specifically children, Fiance(e)s, and Spouses of US citizens) receive priority in the immigration system. Such petitions can be processed quicker than other petitions and such applicants can be admitted upon approval of the petitions by the government.
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Adoptions
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A married US citizen and spouse or an unmarried US citizen (who is at least 25 years old) may file a petition to adopt a foreign-born child. Depending on the process undertaken by the family to find a child, there are way to expedite the adoption process, one of which involves the filing of Form I-600A, Application for Advance Processing of Orphan Petition, before an orphan is identified for adoption.
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Fiance(e)s
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Federal law defines immigration status and their immigration options, with a specific focus on their reasons for coming to the US. Immigration laws also determine if a person is in the country illegally and whether or not they can be deported.
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In planning to get married to a foreign national, a US citizen must file a petition on behalf of his or her Fiance(e), allowing them to enter the country. In order to be eligible for fiance(e) visa, both parties must be unmarried and must also have met within the last two years before filing for the Fiance(e) visa (although this requirement may be waived based on long-standing custom or extreme hardship). The marriage must take place within 90 days of the Fiance(e) entering the US or the Fiance(e) will be required to leave. Unfortunately, despite the advances for the marital rights of same-sex couples, federal immigration laws do not recognize same-sex partnerships for visa purposes.
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Marriages
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In order for the spouse of a US citizen to gain permanent resident status:
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- [The immigration service must approve a visa petition filed on behalf of the spouse.]
- [If the spouse is outside the US when the visa petition is approved and the visa is made available, the spouse will go to the US consulate to complete the processing for an immigrant visa prior to travel to this country.]
- [If the spouse is inside the US when the visa petition is filed, the spouse may apply concurrently to adjust his or her status to that of a lawful permanent resident.]
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The permanent resident status of a spouse will be conditional if it is based on a marriage that was less than two years old when that status was granted. To remove the conditions on permanent resident status, the couple may file Form I-751, Petition to Remove the Conditions on Residence. The removal of conditions will enable the spouse to obtain a permanent green card. However, if the marriage terminates prior to the filing of the Form I-751, the spouse may be able to self-petition for the removal of the conditions on the green card.
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To ensure the timely processing of a family-based application, a thorough understanding of the requirements and processes involved is critical in securing permanent resident status for a family member. Applications based on certain family relationships (more specifically children, Fiance(e)s, and Spouses of US citizens) receive priority in the immigration system. Such petitions can be processed quicker than other petitions and such applicants can be admitted upon approval of the petitions by the government.
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Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary consultation on your legal immigration needs.
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Q: What are factors considered by the US Citizenship and Immigration Services (USCIS) in granting an individual immigration status?
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A: The immigration authorities at the USCIS have wide discretion in reviewing petition for immigration status. The factors considered by the USCIS include whether the applicant has an immediate relative who is a US citizen or a lawful permanent resident; whether the applicant has a permanent employment opportunity in the US and whether that employment fits under one of the five eligible employment categories; and whether the applicant qualifies for refugee status.
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Q: What is the basis for being deported?
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A: Deportation occurs when an alien has been found to have violated certain immigration laws and results in the alien forfeiting his or her right to remain in the United States.
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