Family Base Immigrant Visa Attorney in Englewood, New Jersey
- A fiancé of a U.S. citizen must obtain a visa to enter the United States from a U.S. Consulate abroad, after obtaining preliminary written approval from the U.S. Citizenship and Immigration Service located within the U.S. Qualifying children of the fiancé can also obtain derivative visas to enter the United States as part of this process.
After the fiancé successfully enters the U.S., the couple must marry within a specified time, typically ninety (90) days, and the foreign spouse must adjust status to that of a permanent resident with the USCIS (formerly INS) within a time set by law, or all immigration benefits may be lost and the foreign fiancé or spouse will have to leave the United States. Special rules also apply to permanent residency for the children of the new spouse who entered on derivative fiancé visas. Jadoo & Zalenski, LLC has extensive experience with all aspects of the fiancé immigration process, including for dependent children.
- If the foreign spouse lives outside the U.S., either permanent residency or a special variant of a fiancé visa can be requested from a U.S. Consulate in an appropriate country. If the spouse is inside the U.S., then he or she may be able to adjust status to that of a permanent resident within the United States. In certain cases, even if currently within the U.S. the spouse may be best advised to travel abroad to obtain permanent residency from a U.S. consulate in an appropriate foreign country. Carefully considered strategic considerations should dictate which type of immigration benefit to request and where. Jadoo & Zalenski, LLC has extensive legal acumen to guide the applicants through this complicated process and obtain the most favorable benefits possible.
Other categories of qualifying relatives of U.S. citizens
- Unmarried child under 21 years old;
- Unmarried son or daughter over 21;
- Married son or daughter (any age);
- Brother or sister, if the citizen is at least 21 years old; or
- Parent, if the citizen is at least 21 years old
Permanent Resident Sponsors of Family Members
Lawful Permanent Residents can also apply for a limited class of qualifying family members, but in addition to the rules applicable to immediate relatives of U.S. citizens, the foreign family member must wait until a visa is available in the appropriate category of visa preferences, before any immigration benefit can be obtained. This approval may take months and sometimes years to obtain. If naturalization of the permanent resident occurs during the pendency of the application for the qualifying family member, then visa availability can be accelerated. Jadoo & Zalenski, LLC has extensive experience with all aspects of these processes. Qualifying categories for relatives of Permanent Resident include:
- Husband or wife;
- Unmarried son or daughter (any age)
Affidavit of Support Requirement
As part of the application process for a relative, the sponsoring family member has to agree to be financially responsible for the economic welfare of the relative he or she is sponsoring and prove that he or she has sufficient assets and/or income to make this undertaking, through a document called an affidavit of support. If the foreign relative goes on public assistance, then the sponsoring relative agrees to reimburse the Government. In certain cases, even if the U.S. citizen or permanent resident family member lacks sufficient income or assets to qualify for this undertaking, another person can become a joint sponsor and assume all or part of the obligation. The rules applicable to affidavits of support are complicated. Jadoo & Zalenski, LLC has the necessary experience to guide the family through the entire immigration and naturalization process.
Contact Jadoo & Zalenski Law Offices if you need help with a visa for a family member.
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