Family Visa Petitions in The Woodlands
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If you are the immediate family member of someone who wants to obtain lawful status in the U.S., you must first file a family visa petition in The Woodlands on their behalf. Once approved, your family member will obtain a visa, which they may use to become a lawful permanent resident; however, depending on the relationship, some visas may be obtained immediately, while others will have to wait. Also, depending on the circumstances of their case, some family members will be eligible to adjust their status and become lawful permanent residents in the U.S., while others may have to obtain their visas in their home country through a consular process.
A family-based immigration attorney at Rhodes Immigration Law Office, PLLC can help guide you through this process and determine the best path for your family member.
If you are residing in the U.S. lawfully or undocumented, this process allows you to become a lawful permanent resident in the U.S. and does not require any travel to your home country. To be eligible to become a lawful permanent resident in the U.S., you must have an available visa from a petition filed by an immediate family member or employer in The Woodlands. In most cases, the petition can be sent with the application to become a lawful permanent resident. Also, while the application is pending, you have the right to apply for an employment authorization card. Unfortunately, not everyone is eligible for this process, and even if you are eligible, you may be required to pay an additional penalty or apply for a hardship waiver if you fall under a ground of inadmissibility.
This process allows you to apply for admission to the U.S. as a Lawful Permanent Resident. It requires that the applicant apply for their visa at a U.S. consulate from their home country. Under the present immigration laws, most people will not be eligible to become a Lawful Permanent Resident in the U.S., and they must go through a consular process. If you reside abroad or if you entered the U.S. undocumented and wish to become a Lawful Permanent Resident, you will likely have to go through this process. You may also be required to apply for a hardship waiver if you are inadmissible to the U.S. or a provisional hardship waiver if you are eligible.
The Fiancé or K1 visa allows for fiancés of U.S. citizens to enter the U.S. from their home country for the limited purpose of marriage and adjustment of status. If approved, the fiancé will be given 90 days after his entry to the U.S. to complete the marriage with the petitioning U.S. Citizen and apply to become a lawful permanent resident. Unmarried minor children of the fiancé may also enter and do not require a separate K visa petition (K2 Visa).
If you are already the spouse of a U.S. citizen, but you reside outside the U.S., you may be eligible to request a K3 visa. In order to request a K3 visa, you must already have a family visa petition filed on your behalf by your U.S. citizen spouse, and the visa petition must still be pending. The K4 visa is for the minor children of the spouse of a U.S. citizen. It does not require a separate K visa petition, nor does it require that a separate family visa be filed on their behalf. It should be noted that waivers may be required depending on why the spouse of the U.S. citizen is residing in their home country.