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There are several pathways to obtaining permanent residency or green card in the United States. Green card through familial relationship is considered one of the most common path.
Green Card – Family (Adjustment of Status/Consular Process)
Green card can be applied by eligible individuals either within the US, in a process referred to as Adjustment of Status, or outside the US at Consulate abroad, namely in Consular Process. Two family-based categories exist for obtaining green card:
1. Immediate Relative category
2. Preference category.
1. Immediate Relative category
2. Preference category.
This category applies to immediate relatives of US Citizens namely, spouse (IR-1), unmarried child under 21 (IR-2), orphan adopted outside the US (IR-3), orphan adopted within the US (IR-4) & parents of children over 21 years (IR-5). There is no annual limit on the number of visas that may be issued for this category.
This category applies to certain relatives of US Citizens and Permanent Residents. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000 and Section 203(a) of the INA prescribes preference classes for allotment of family-sponsored visas into the following categories:
- Unmarried sons and daughters of US Citizens (F1)
- Spouses and Children of Permanent Residents (F2A)
- Unmarried Sons and Daughters of Permanent Residents (F2B)
- Married Sons and Daughters of US Citizens (F3)
- Siblings of US Citizens (F4)
K-1 Fiancé/ K-2
The K-1 visa is a temporary visa for a fiancé of a US Citizen. The foreign national fiancé should apply for this visa at the US Consulate with an intent to get married to the US Citizen fiancé within 90 days of entry to the United States, after which they are able to adjust status to become a permanent resident, as the spouse of the US Citizen. The dependents of K-1 fiancé can apply for the K-2 visa along with the K-1 applicant.
This pathway to permanent residency is a complex application process and we understand that it can become a daunting experience given that it involves interacting with various government agencies and immigration officers. We assure you answers to your questions and guidance throughout the process, by preparing for you, the required forms and evidence in support of your application.
This pathway to permanent residency is a complex application process and we understand that it can become a daunting experience given that it involves interacting with various government agencies and immigration officers. We assure you answers to your questions and guidance throughout the process, by preparing for you, the required forms and evidence in support of your application.
K-3 / K-4 Spouse
The K-3 is a temporary visa that is applied by the spouse of a US Citizen at the US Consulate where the couple were married, and the foreign national spouse resides. This visa allows the foreign national spouse to unite with their US Citizen spouse and then adjust status to a permanent resident after they arrive on their K-3 visa to the US. The K-4 is appliable to the dependents of the K-3 spouses and can be applied for together with the K-3 spouse.
I-751 Petition
Green cards are typically valid for 10 years unless you were married to a US Citizen for under two years at the time of obtaining the green card, in which case, you will receive a conditional permanent resident card valid for 2 years. To remove the conditions, you should either apply jointly with your US Citizen spouse or file a request that the joint filing requirement be waived due to death, divorce or if you have been subject to extreme cruelty by the US Citizen spouse.
Be it joint filing with your US Citizen spouse or individual filing requesting a waiver, our firm has successfully assisted our clients in their removal of conditions on residence application. We are here to help you and ensure you are not inundated with the high volume of documentation that is common with this application process.
Be it joint filing with your US Citizen spouse or individual filing requesting a waiver, our firm has successfully assisted our clients in their removal of conditions on residence application. We are here to help you and ensure you are not inundated with the high volume of documentation that is common with this application process.
SB-1 Returning Resident
An SB-1 visa is available for permanent residents who have remained outside the United States for over a year without a re-entry permit (travel document authorized for travel outside the United States for over a year) and potentially may have abandoned their permanent residency. In order to be eligible for this visa, a permanent resident should demonstrate that they had no intent to abandon their permanent residency and that their extended stay outside the United States was due to circumstances outside their control. Examples include, medical situations, global pandemic etc. Each consulate has its unique procedure for issuance of this visa, but SB-1 usually requires two separate interviews.
We have successfully assisted permanent residents in filing SB-1 applications at the US Consulate. We also counsel individuals in understanding their rights and obligations as permanent residents.
We have successfully assisted permanent residents in filing SB-1 applications at the US Consulate. We also counsel individuals in understanding their rights and obligations as permanent residents.
Re-entry Permit
Re-entry permit is a travel document that allows a permanent resident or a conditional permanent resident to travel outside the United States for up to two years without abandoning their permanent resident status. Considering the lengthy processing time for this benefit, we will walk you through the nuances involved in this application, to help you to not only make the most effective travel plan, but also advise you on your legal obligations as a permanent resident.
We understand the meaning of “family unity” in its true sense and strive to provide you the right guidance, to ensure you can obtain your permanent residency through the fastest and most efficient route, while keeping in mind your legal obligations as a foreign national. We want you to make informed choices when making life-changing decisions.
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