Family immigration requires a US citizen or permanent resident to sponsor a foreign national relative and prove, that he or she can support the immigrant, by showing they have adequate income or assets, to support this immigration
Our team at ACE ALLIANCE is extremely quailified in filing a family immigration petition for you. Our team will make the process seamless for you and your family, by keeping up to speed on changes to US immigration policy.
ACE ALLIANCE also provide helps in obtaining the immigration visas mentioned below:
- International Adoption Visa
- Visas for family of green card holders
- Acquiring citizenship through naturalization process in the US
- The K visa
- The treaty trader & investor visas
The process for this is dependent on the laws of the countries where the adoptive parents and the child live in, the location where the adoption was legalized .In the US both the federal and state laws apply for international adoption. The Hague processes of both countries have be followed ,if the child’s home country is a partner with the Hague Adoption Convention.
FAMILY OF GREEN CARD HOLDERS
As a permanent resident/green card holder, an individual can petition for his or her family members to immigrate to the United States as permanent residents. The family members of the individual can file for this petition that are mentioned below:
- The Spouse which could be the individual’s husband or wife
- The individual’s unmarried children under the age of 21
- The individual’s unmarried son or daughter of any age
CITIZENSHIP THROUGH NATURALIZATION
Naturalization is a process by which U.S. citizenship is granted to a foreign national, if he or she meets all the requirements of the Congress, as per the Immigration and Nationality Act (INA). They must also satisfy one of the following requirements:
- The individual must be a permanent resident of the US for at least 5 years
- The individual must be a permanent resident for 3 years or more. He or she must satisfy all requirements to file as a spouse of a U.S. citizen
- The individual has qualifying service in the U.S. armed forces
- If the individual is a U.S. citizen, his or her child, if born outside the U.S., and is currently residing outside the U.S.
FIANCE: K1 & K2 VISAS
The fiancé(e) K-1 non-immigrant visa is for a foreign national that is engaged to a United States (U.S.) citizen. The K-1 visa allows the foreign national fiancé(e) to enter the United States to marry his or her U.S. citizen petition sponsor within 90 days of their arrival. A K-1 fiancés can bring his or her minor dependents to the United States on a non-immigrant K-2 visa. The dependents’ eligibility is basis the K-1 parent.
Spouses Abroad: K3 & K4 Visas
The spouse of a U.S. citizen who resides outside the U.S. is eligible for a non-immigrant K-3 visa. After a K-3 visa holder enters the United States, he or she can apply for change of status to a green card. Similarly, the children of a foreign spouse can enter the U.S. by applying for the K-4, after which they can apply for a green card. The individual who falls under this category must apply for his or her visa in the country of their marriage. If the individual is living in the United States, the foreign national spouse must apply in the country they are residing in currently.
TREATY TRADER & INVESTOR VISAS
The citizens of countries with whom the United States has signed treaties of commerce and navigation, are eligible for treaty Trader (E-1) and Treaty Investor (E-2) visas.
An individual is eligible for this visa to enter the United States if the following requirements are met:
- If the applicant is engaged in substantial trade between the United States and the treaty country. This could include trade in services/technology/other qualifying activities etc
- The applicant has invested a substantial amount of capital in the operations of an enterprise
CANCELLATION OF REMOVAL
Cancellation of removal is a form of relief that saves an individual from deportation or removal. This means that an individual can only apply for cancellation of removal, if he or she has an ongoing case in deportation/or removal proceedings in Immigration Court before an Immigration Judge.
TEMPORARY PROTECTED STATUS
The Secretary of Homeland Security may designate a foreign country for temporary protected status, due to prevailing conditions in the country, that temporarily prevent the country’s citizens from returning safely. This can also be issued in circumstances, where a country is unable to handle the return of its citizens in an adequate manner.
The Nicaraguan Adjustment and Central American Relief Act or NACARA is a law that was passed in 1997. This law provides various forms of immigration benefits and relief from deportation to Nicaraguans/Cubans/Salvadorans/Guatemalans/citizens of former Soviet bloc countries and their dependents who had arrived in the US as asylum seekers.
CONVENTION AGAINST TORTURE
This Convention requires the states to take effective measures for the prevention of torture in any territory under their jurisdiction. It also forbids states to send people to any country, where they will be tortured.
Voluntary departure is a process where an alien chooses to return to his or her native country. In exchange for this good behaviour, the U.S. Department of Homeland Security does not put a removal order on that person. This kind of voluntary departure requires both the consent of the alien and the U.S. Department of Homeland Security officers in charge of the alien. This process has been termed a privilege rather than a right.
A deferred inspection is used when an immediate decision regarding the immigration status of an inbound traveller cannot be made at the port of entry due to the lack of documentation. The port of entry can schedule the traveller, to report to a Deferred Inspection Site, at a future date to show the relevant documentation and information.
A J-1 visa is a category of non-immigrant U.S. Visa that permits an individual to visit the United States to exchange skills/knowledge/experience. This visa is issued to professors/exchange students/research scholars who participate in programs, that facilitate cultural exchange. This visa is primarily used to receive business or medical training in the U.S.
A F visa is a type of non-immigrant student visa that allows a foreigner to pursue education which could be academic studies, language training programs etc in the United States. A F-1 visa is only issued by U.S. embassies and consulates outside the United States. The extension of stay and change of status in a student visa is possible within the United States.
Under the federal Violence Against Women Act (VAWA), an individual may be eligible to become a lawful permanent resident/Green card holder, if the individual has been the victim of battery or extreme cruelty committed by the following:
- A U.S. citizen spouse or former spouse of the said individual
- A U.S. citizen parent of the individual
- A U.S. citizen son or daughter of the individual
- A lawful permanent resident spouse or former spouse of the individual
- An LPR parent of the individual
The U.S. immigration law permits foreign nationals, who are victims of certain crimes and granted U non-immigrant status (U visa) to become lawful permanent residents and get a Green Card. For an individual to qualify for a Green Card as a crime victim, they must have U non-immigrant status and satisfy certain eligibility requirements. The U-1 non-immigrant status is for victims of crimes, who have undergone substantial physical or mental abuse, and are helpful to the investigation/prosecution of the said criminal activity.
The M-1 visa is a category of student visa which is reserved for vocational and technical schools. For a student to get an M-1 visa for travel to the United States, he or she must present a signed Form I-20 at a United States embassy or consulate in their home country.
The P visa is a category of temporary employment visa of the United States, which is given to alien artists/entertainers/athletes/their respective spouses and children. A P visa holder is admitted basis the duration of a specific competition, event or performance.
The T Non-immigrant Status (T visa) is a for those individuals who are or have been victims of human trafficking. This status protects victims of human trafficking and allows them to remain in the United States, to assist an ongoing investigation or prosecution of human trafficking.
Section 203(c) of the Immigration and Nationality Act (INA) provides for a category of immigrants who are known as “diversity immigrants. These individuals are usually from countries with historically low rates of immigration to the United States. A limited number of visas are available each fiscal year under this category.
FAQS ON FAMILY IMMIGRATION
IF AN INDIVIDUAL IS A PERMANENT RESIDENT/GREEN CARD HOLDER OF THE US, WHO CAN THEY BRING WITH THEM TO THE US?
If an individual is a permanent resident/ green card holder, in the US, then he or she can petition the following family members for immigration:
- The husband or wife of the applicant
- All unmarried children of the applicant who are less than 21 years in age
WHAT ARE THE LEGAL REQUIREMENTS TO BE ELIGIBLE FOR NATURALIZATION IN THE US?
For an individual to be eligible for naturalization as per the Immigration and Nationality Act, one of the below mentioned conditions must be fulfilled:
- The individual must be a permanent resident for a minimum of 5 years
- The individual must be a permanent resident for at least 3 years. The individual can file as a spouse of an American citizen
- The individual has qualifying service as a part of the U.S. armed forces
- If the individual is an American citizen’s child, who was born outside the US and stays there
WHO IS ELIGIBLE FOR THE TRADER (E-1) AND TREATY INVESTOR (E-2) VISAS?
- If an individual wish to enter the US to engage in trade with the US
- If an individual is part of a country which is a treaty country to the US
- If the trade deals with services, technology or other such qualifying activities
- If an individual wish to enter the US to help in building and growing his or her operations. This is provided the individual’s company has invested significant capital in the US
Once you get in touch with us at ACE ALLIANCE with your request to start your family immigration process to the US, we will start the process. After our team receives all the details, our immigration lawyers will start the process within 1-2 days. Our team will help you every step of your family immigration application process till you receive your US visa.