An Immigration Guide For Permanent Residents; Petitioning For Parents, Spouses & Children

In this article, you will learn…

• What forms you will need to prepare for an immigration petition for your spouse,
• Who is eligible for the follow-to-join process, and
• What the requirements are for a K-1 visa petition.

I am a Permanent Resident. Can I File an Immigration Petition on Behalf of My Parents?

Green card holders or permanent residents may not petition to bring parents to live permanently in the United States. To petition for your parents, a mother or father, to live in the United States as green card holders, you must be a US citizen and at least 21 years old.

I am a US Citizen. What Documents Must I Prepare and Be Ready to Show for an Immigration Petition for My Spouse?

As a US Citizen, the documents you will want to prepare for an immigration petition for your spouse will depend on whether your alien spouse is physically and legally present within the United States.

If your spouse is legally present, you will need an immigrant petition, Form I-130, and Adjustment of Status package, which includes…

• Form I-485,
• Form I-765, and
• Form I-131.

If your spouse is living abroad, you would need the immigrant petition Form I-130. Once this is approved, we will apply for a visa at the closest US consulate or embassy abroad in your spouse’s home country.

I am a Lawful Permanent Resident and a Step Parent of My Spouse’s Child. What Documents Must I Prepare for The Immigration Petition for Our Child?

There is a process called ‘follow-to-join’ whereby your child can obtain status as a permanent resident. This benefit is available to spouses and children of permanent residents who obtained their lawful permanent resident status through a family-based preference petition and employment-based petition such as…

• Diversity Visa, which is also known as the lottery,
• K Visa, or
• B Visa.

If you obtain permanent residence based on an immediate relative petition, your spouse and children are not eligible for follow-to-join.

The process entails submission of Form I-824, Application for Action on an Approved Application or Petition. It does not require the dependent or child to wait for a visa to become available.

Can I Appeal the Denial of a Petition or Application for a Family-Based Visa? If So, Do I Need an Immigration Attorney to Do So?

There are several reasons your petition may have been denied and your Denial Notice will state your options for either appealing the denial, filing a new case, or filing a new case along with a waiver of inadmissibility. If you were denied for reasons of admissibility, it is advisable at this juncture to consult with an immigration attorney to confirm your viable legal options.

What is the K-1 Visa or The Fiancé Visa? What are the Main Eligibility Requirements for This Type of Visa?

The K-1 Visa, also known as The Fiancé Visa, is for the fiancé of a United States Citizen to be able to travel to the United States and marry their partner within 90 days of arrival.

To obtain a K-1 Visa, one generally must meet the following requirements:

• You are a US citizen,
• You and your fiancé intend to marry one another within 90 days of your fiancé’s admission to the United States on the K1 Visa,
• You and your fiancé are both legally free to marry, and
• You and your fiancé met each other in person at least once within the two-year period before you filed your application.

Being “legally free to marry” means you both are legally able to marry in the United States and any previous marriages have been legally terminated by divorce death or annulment.

You may request the waiver of the in-person meeting requirement if you can show that meeting in person would either…

• Violate strict and long-established customs of your fiancé’s foreign culture,
• Violate your fiancé’s social practice, or
• Result in extreme hardship for you, the US citizen petitioner.

What Is a Conditional Green Card?

A conditional green card is issued to individuals who…

• Obtain the green card based on a marriage that has aged two years or less, or
• Are foreign entrepreneur visa holders.

A conditional permanent resident receives a green card for two years. To remove the conditions on your permanent resident status, you must file a petition within 90 days before your conditional green card expires.

For more information on Filing an Immigration Petition, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling
(201) 500-8164 today.