New York Family Immigration Services Lawyer

Family Immigration Attorney, Houston

The most common way immigrants come to the U.S. legally is by being sponsored for permanent residency by a family member already in the country. 

If you are a U.S. citizen, you are eligible to sponsor immediate relatives, including your: 

  • Spouse (IR-1)
  • Unmarried children under 21 (IR-2)
  • Parents (IR-5)

There is no wait time for immediate relatives

Immediate relatives are granted priority status which means immigrant visas are instantly available to them. Once their initial petition is approved by the US Citizenship and Immigration Services, they can immediately file an application for an immigrant visa. The approval process takes six months to a year. 

If you are a lawful permanent resident (green card holder), you can sponsor family members considered to be “preference relatives” including: 

  • Spouse 
  • Unmarried sons or daughter over the age of 21; married children of any age
  • Siblings 

Visas are limited for preference relatives

Applicants for family-based green cards who fall outside of the immediate family category have to wait until a visa number becomes available before applying. There are only a certain number of visas available for each preference category each year. 

  • First preference: Unmarried, adult sons and daughters of U.S. citizens (adult means 21 or older.)
  • Second Preference (2A): Spouses of Green Card holders, unmarried children (under 21) of permanent residents
  • Second Preference (2B): Unmarried adult sons and daughters of permanent residents
  • Third Preference: Married sons and daughters (any age) of U.S. citizens
  • Fourth Preference: Brothers and sisters of adult U.S. citizens

Marriage-Based Visas 

    • K3 Spouse Visa: If you have a foreign national spouse that you wish to bring to the U.S., one option is for them to apply for a K-3 visa. A K3 visa allows your spouse to come to the U.S. while the visa is pending. Upon entry, he/she can apply to adjust their status to a lawful permanent residence. The K3 must be filed and issued by a US consulate in the country where the marriage took place.
    • K1 Fiancé(e) visa: If you are a U.S. citizen engaged to a non-citizen who is living abroad, there are options available to help them obtain permanent residence here in the U.S. Apply for a Fiancé visa (K-1)  — this allows your fiancé to enter the U.S. for 90 days, during which time you must get married.