The goal of my family immigration practice is to bring families together through effective representation in permanent residency matters. We work to obtain green cards based on marriage to a United States citizen or permanent resident, or, securing green cards for parents, brothers, sisters, sons and daughters. We can also work on securing a visa for your fiancé utilizing the K-1 visa.
If any family green card holder is the subject to the removal of the conditions of residency, we can help.
Call our office at 813-679-5780 to schedule a consultation with attorney Shawn Mesa.
Family Immigration and Family Visas in Florida
When most people think of Florida, they think of beaches, sunshine, and retirees. But what many people don’t know is that Florida is also a great place for families. There are many different types of visas available to families looking to immigrate to Florida or anywhere in the US, and each has its own benefits.
The family immigration visa is the most popular type of visa for families looking to immigrate to Florida. This type of visa allows families to live and work in the US and Florida indefinitely. To qualify for a family-based visa, families must have a close relative who is a citizen or legal resident of Florida.
For those beneficiaries outside the US, obtaining an immigrant visa through a US embassy or consulate is most common. The process involves two major steps. The first step is the petitioner or sponsor filing a petition for their relative with United States Citizenship and Immigration Services (USCIS). If that petition is approved, then for step 2, the process will be transferred to the US Department of State, which operates the US embassies and consulates. The US embassy will then accept an immigrant visa application and interview the applicant to make a decision.
For beneficiaries who are eligible to process for permanent residency inside the US, the process still has two main steps. As mentioned above, the first step involves a petitioner or sponsor filing a petition for their relative. The second step is similar to Step 2 in the US embassy process, but the application for permanent residency will be decided by USCIS at an interview.
Sometimes a petitioner can file the required documents from Step 1 and Step 2 at the same time if an immigrant visa is immediately available for an applicant. If an “immediate relative” legally entered the US at his or her last entry, then the documents for steps 1 and 2 can be filed at the same time. An “immediate relative” is a person related to a US citizen in the following ways: as a spouse; unmarried child under the age of 21; stepchild if the stepparent relationship began before the child turned 18, and the stepchild is still under 21; and as parents of US citizens when the citizen is 21 years of age or older.
All other eligible family relationships require that Step 1 be completed before beginning Step 2. US citizens may petition for their children who are 21 years of age or older, and they may petition for siblings, brothers and sisters. Permanent residents may petition for their spouse, minor unmarried child who is under 21, and unmarried child who is 21 or older. The US government has a quota that limits the number of visas available to these categories of family members each year. This means that a Step 1 petition can be filed at any time, but Step 2 cannot begin until Step 1 is approved by USCIS and a visa becomes available under the quota system.
Cousins, aunts, uncles, grandparents, and other types of relatives of a petitioner not mentioned above are not eligible for a family immigration visa.
The process of obtaining a family immigration visa can be complicated and confusing. To prepare for filing a petition, the first thing to do is to decide whether you want to speak with a qualified immigration lawyer to know if your relative is eligible. The next step is to gather all of the required documents. These documents could include birth certificates, marriage certificates, divorce certificates, and proof of your relationship to the relative, who is a citizen or legal permanent resident. The petitioner for your case will also need to provide financial documents that show that they can financially provide for you, if needed, to keep you from receiving public welfare benefits. There will be other required documents, but that will depend on whether you are in Step 1 or 2 of the process, or if you are able to file both steps together for an immediate relative.
Once all of the required documents are gathered, they will need to be submitted to USCIS. The USCIS will then review the petition and make a decision to end Step 1. If approved, then Step 2 will happen with USCIS or a US embassy. If USCIS approves Step 2, then it is called an “adjustment of status” to permanent residency. If a US embassy approves Step 2, then the relative will receive an immigrant visa in the passport. Once the relative enters the US with an immigrant visa, he or she is automatically a permanent resident at that moment. Either way, a permanent resident will receive a green card to prove residency.
Being a new permanent resident means the relative can begin the process of establishing life in Florida or anywhere in the US because permanent residents can legally live and work in the US and return to the US after temporary foreign travel. Permanent residency is not really permanent if the green card holder does not follow the rules of residency, so green card holders should consult with a qualified lawyer to know their rights and obligations.
Fiancé(e) Visas
US citizens can petition for a fiancé(e) of any gender, and the fiancé(e)’s minor children, if the couple satisfies the legal requirements, such as:
- You and your fiancé(e) met each other in person at least once within the 2-year period before you file your petition. Some exceptions may apply.
- You and your fiancé(e) are both legally free to marry (this means you both are legally able to marry in the United States and any previous marriages have been legally terminated by divorce, death, or annulment).
- You and your fiancé(e) intend to marry one another within 90 days of your fiancé(e)’s admission to the United States on a K-1 nonimmigrant visa.
The petition is the first step and the route to permanent residency takes three steps. The second step involves an approved fiancé petition being forwarded to the appropriate US embassy or consulate. The visa applicant then files an application for a K-1 visa. If the US embassy approves the visa, the visa holder will enter the US and then have 90 days to marry the US citizen before being able to begin step 3, which is an application for permanent residency. If approved, then a green card is issued.
Sometimes it is more beneficial for a US citizen to marry their fiancé(e) outside the US and apply for a spousal immigrant visa. Sometimes the K-1 visa is the better route. Talking with a qualified immigration lawyer is the best way to find out which method is best for you.
If you are looking to bring your family to Florida, we can help you through the family visa application processes. Our experienced immigration law firm can help you determine which family visa category is right for your family and gather all of the required documents. Contact Shawn today!
