Goldblum & Hess

Some individuals are eligible to apply for an Immigrant Visa (green card), based on their relationship to a qualifying U.S. Citizen or Lawful Permanent Resident family member. Qualifying family members may include spouses, fiancé(es), children, parents or siblings. Eligibility for a family-based “green card” depends, among other things, on proof that the claimed relationship is real and bona fide.

Marriage to a U.S. Citizen

Goldblum & Hess processes many meritorious marriage-based immigration cases each year. Qualifying Foreign Nationals who are currently in the United States pursuant to a lawful admission can often apply simultaneously for classification as an Immediate Relative and for Permanent Resident Status. Importantly, such marriage must be a marriage entered into for the purpose of truly building a life together as a couple. This relatively quick process culminates with a “marriage interview” at a local USCIS office.

Qualifying Foreign National spouses who live abroad, on the other hand, must go through a similar, but lengthier process, known as “Consular Processing”. This process consists of first, being classified as an Immediate Relative by proving the bona fide nature of the marriage relationship and second, by processing the Immigrant Visa Application at a U.S. Consulate abroad. This type of case requires the Foreign National to attend an Immigrant Visa interview at a U.S. Consulate overseas.

Marriage-based immigration cases have a number of requirements which must be followed in order to successfully obtain a “green card". Goldblum & Hess takes pride in submitting only high-quality, thorough and bona fide marriage-based cases, so that any unnecessary delays (or expense) might be avoided.

Removal of Conditions

Foreign National spouses of U.S. Citizens who have been married for less than two years at the time their green card is issued are granted conditional Permanent Resident Status. Within 90 days before the expiration of their “green card”, they are required to file a “Petition to Remove Conditions” on their residence, in order to prove the continuing bona fide nature of their relationship. Such Petition, once approved, results in the granting of unconditional Permanent Residence.

Fiancé Visas

The fiancé visa differs slightly from the other processes described above, because it begins with a Nonimmigrant Visa Application. Once the couple has received approval from USCIS in the United States, the Foreign National will be required to submit a Fiancé(e) (K-1) Visa packet to the U.S. Consulate abroad and attend a consular interview. Then, the Foreign National may enter the U.S. in K-1 status, but must marry the petitioning U.S. Citizen fiancé(e) within 90 days. Once married, the couple will file for Lawful Permanent Resident Status. This multi-step process can prove daunting for even the most ambitious and eager couples. However, with the help of Goldblum & Hess, fiancés are able to be reunited with their prospective spouses in the United States.

Parents of U.S. Citizens

Parents of U.S. Citizens are considered “Immediate Relatives” for Immigration purposes, and are, therefore, able to obtain Lawful Permanent Residence without waiting a long time for a visa to become available. As with marriage-based cases, if the qualifying parent is within the U.S. pursuant to a lawful admission, he or she can simultaneously apply for classification as an “Immediate Relative” and for Lawful Permanent Resident Status. Typically, no interview is required. If, however, the parent resides abroad, the process takes place in two steps, culminating with an Immigrant Visa interview at the appropriate U.S. Consulate abroad.

Children of U.S. Citizens

Children of U.S. Citizens fall into different “preference” categories, depending on their age and their marital status. Children who are unmarried and under 21 are considered “Immediate Relatives”. In other words, they are immediately eligible for a “green card”. If the minor child is approaching 21 years of age, special effort should be made to ensure that Immediate Relative classification is not lost due to the child “aging out”.

Unmarried sons or daughters of U.S. Citizens who are 21 or older fall into a category known as “1st Preference”. This is because the Department of State may only issue a limited number of visas each month, based on preference categories and, sometimes, based upon the Foreign National’s country of citizenship. Married sons or daughters of U.S. Citizens who are 21 or older are called “3rd Preference”. The “line” in this category is usually longer than it is for unmarried sons or daughters (over 21).

Children & Spouses of Lawful Permanent Residents

Children and spouses of Lawful Permanent Residents belong to the “2nd Preference” category. Spouses and unmarried children under 21 are known as “2A”, while unmarried sons and daughters 21 or older are known as “2B”. Note: Lawful Permanent Residents cannot sponsor their married sons or daughters who are over 21. As stated above, if your child is approaching his or her 21st birthday, you should take action immediately, in order to attempt to ensure that he or she does not “age out”.

Siblings of U.S. Citizens

Siblings of U.S. Citizens belong to the “4th Preference” category. This category, unfortunately, has one of the longest wait times. However, it is advisable to file a 4th Preference Petition as early as possible, in order to secure one’s place “in line”.