Family immigration lawyer in Florida
As a mother and daughter that had to fight to reunite with her family, Attorney Florina Apostol can relate to what clients are going through. Our team has helped hundreds of families stay together in the United States and we want to help you too.
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As a U.S. citizen or lawful permanent resident, you can sponsor relatives living in another country to receive family visas and immigrate to the United States.
Green Cards For Immediate Relatives How You Can Qualify
Your family members can immigrate as an immediate relatives of U.S. citizens or through the family preference system as relatives of U.S. citizens or lawful permanent residents, green card holders. It is crucial to have an experienced immigration attorney by your side because even small mistakes can cause significant delays, denials, or could result in removal of your family member from the U.S.
For Immigration purposes, Immediate Relatives Include:
Spouses of U.S. citizens (IR-1)
Unmarried children under 21 years old of U.S. citizens (IR-2)
Orphans adopted abroad by U.S. citizens (IR-3)
Orphan to be adopted in the United States by U.S. citizens (IR-4)
Parents of U.S. citizens who are at least 21 years old.
There are no quota restrictions for immediate relatives to obtain their green card. As a U.S. citizen, you must petition each immediate relative individually. For example, if a U.S. citizen man marries a woman from another country who has 3 children, he must submit a petition for his wife and one petition for each of his stepchildren. Most immediate relatives may obtain their green card within 1 year.
Family Preference Immigration Visas
If you are a U.S. citizen, you may apply for additional family members under the family preference visa category. If you are a permanent resident (green card holder), you may petition only under the family preference category. The government sets a limit on the number of visas available in each category. Due to this fact, some Family Preference cases take much longer.
Family Preference Categories
First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
Second Preference: Spouses of legal permanent residents, and the unmarried sons and daughters (Regardless of age) of legal permanent residents and their children.
Third Preference: Married sons and daughters of U.S. citizens, their spouses and their minor children.
Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their minor children.
How To Get A K-1 Visa For A Fiancee Of A Us Citizen
The K-1 nonimmigrant visa is used by fiancés of U.S. citizens. It is a nonimmigrant visa and allows the fiancée to enter the United States to get married. The K-1 visa is available for male-female and for same-sex marriages.
In order to obtain a K1 visa, there are a few basic requirements:
You and your fiancé must intend to marry within 90 days of your fiancé entering the U.S. on K-1 visa.
You and your fiancée are legally able to marry
Your marriage must be valid, meaning both you and your fiancé have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.
In most of the cases, you need to show that you have met your fiancee in person within two years of filing the petition
If your fiancé marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States.
Conditional Permanent Residence for Spouses, I-751 Petitions
If you are a U.S. citizen and you and your spouse have been married two years or less, he/she will be granted conditional permanent residence status for two years. Conditional green card holders will be required to file an I-751, Petition to Remove Conditions on Residence, before the green card expires to obtain a permanent green card that is valid for 10 years.
If the conditional permanent resident does not file on time, USCIS may automatically terminate her/his status and issue a Notice to Appear (NTA).
Under certain circumstances, a conditional resident can apply to waive the joint filing requirement. Generally, as long as the marriage was entered into in good faith and not to circumvent US immigration laws, a conditional resident can file to remove conditions without their spouse if:
Deportation or removal of the conditional resident would result in extreme hardship
The US citizen or permanent resident spouse or stepparent has since died
The marriage ended in divorce or annulment
The conditional resident was battered or subjected to extreme cruelty by the US citizen or permanent resident spouse or stepparent
Get Legal Help from an experienced family immigration lawyer in Orlando
At Apostol Law Firm, we understand how important it is to bring your loved ones to the United States as quickly and efficiently as possible. As an immigrant, managing attorney Florina Apostol went through the process herself and worked hard through the immigration process to reunite with her family. Therefore, we know firsthand how important our legal services are to our clients, and work relentlessly to reunite families as quickly as possible.
It is a great honor to have helped many families reunite with their loved ones to the United States. It will be a great honor to help you too! We have the knowledge and experience to make your American Dream Come True!
