Family-Based Immigration
Family Based Immigration may appear to be simple agency practice, but it is full of traps and complications. If you have never heard of C.S.P.A., age-out, following to join, 245(i) grand-father eligibility, cross chargeability, derivative beneficiaries, permanent bar, inadmissibility, waivers due to extreme hardships, public charge ineligibilities, family unity, victims of a family violence, TPS, criminal and overstayed inadmissibility etc., you have no idea how family based immigration practices can be so complicated and involved.
Statistically about 70%-80% of our family-based immigration cases involved one or more complicated issues listed above. Therefore, in order to competently submit a family based application, you must know your eligibility and reliefs available before you open up a can of worms!
Who is eligible for Family-Based Immigration?
According to USCIS and Immigration and Nationality Act, I.N.A. Family-Based Immigration separated with:
1. Immediate Relatives (no Quota Limitation), Section 201 Cases:
- The spouse of a U.S. citizen;
- The unmarried child under 21 years of age of a U.S. citizen; or
- The parents of a U.S. citizen.
2. Quota preference, or Section 203 cases:
- First preference (F1) – unmarried sons and daughters (21 years of age and older) of U.S. citizens;
- Second preference (F2A) – spouses and children (unmarried and under 21 years of age) of lawful permanent residents;
- Second preference (F2B) – unmarried sons and daughters (21 years of age and older) of lawful permanent residents;
- Third preference (F3) – married sons and daughters of U.S. citizens; and
- Fourth preference (F4) – brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).
These quotas were published by the U.S. government, the U.S. Department of State, visa bulletin, applied globally, based upon the beneficiary’s country of origin, not their country of citizenship. The quota changes from month to month, by each country. For more detailed, please view the Visa Bulletin.
Fiancé(e) Visas of U.S. Citizen (non-immigration visas)
Fiancé(e) Visas are sub-classified into 4 types:
- K1 – Unmarried fiancé(e)
- K2 – Unmarried child (under 21-year-old) of K1 visa holder
- K3 – Married spouse of a U.S. citizen living abroad
- K4 – Unmarried child (under 21-year-old) of K3 visa holder
K fiancé(e) visa cannot be changed after entering into the United States and the visa holder must marry the petitioner within 90 days or depart the U.S. Once married, you may obtain Lawful Permanent Resident status (Green Card) by petition for “adjustment of status”. Once entered into the U.S. (admitted), you may also apply for a work permit and travel document, should you desire.
Successful Cases
My name is Maria Isabel Huerta Mendez, I entered the United States illegally in 1998.
Over time my daughter became a citizen and thanks to her I was able to apply for permanent residence.
Thanks to lawyer Yuen I managed to have my residence and I am happy. Thanks to Attorney Yuen and I highly recommend Attorney Yuen’s office.