The Answers You Need from The Modi Law Firm
Some of the most urgent and sensitive matters in the immigration practice
area involve families. At The Modi Law Firm, we understand that couples
and families who are suddenly faced with these immigration issues need
reliable information to move towards a secure and legal US status. That
is why we've provided answers to some of the most common
family immigration questions below.
Who can sponsor me to become a permanent legal US resident?
In order to gain legal status in the US as a
permanent resident, you must be sponsored by either a US citizen or a permanent legal resident
who is an immediate relative. Whoever your sponsor is, they must sign
an affidavit that obligates them to support you, the beneficiary, until
you become a citizen yourself or have worked in the US for 10 years.
There are, however, some restrictions. For example, permanent legal residents
are not eligible to sponsor their parents or siblings for immigration
into the US. For more information on who can sponsor you, or your eligibility
as a sponsor, speak with a knowledgeable Houston immigration lawyer.
If my child is a US citizen, can I obtain legal US status?
There are certain circumstances when this is possible. If your child is
over 21 and you originally arrived in the US with a
visa, they can then sponsor a residency petition for you. If you came into
the country without a visa, you may also be eligible for a waiver, depending
on your 245(i) status.
If your child is under 21 years old, you may be able to obtain legal status
if you have lived in the US for 10 years or more and can demonstrate that
your child will undergo pronounced hardship if you are deported or otherwise
removed. This can be done by filing a cancellation of
removal or deportation with U.S. Citizenship and Immigration Services (USCIS).
What is the fiancé visa process?
If a US citizen sponsor and citizen from another country want to get married
here in the US, they must obtain a
K-1 fiancé visa. This can be obtained by the US citizen's filing for one with the
USCIS. Once it is approved, the immigrating fiancé must then visit
the US consulate in their own country. They will be interviewed about
the petition in order to determine the legitimacy of the proposed marriage.
If this sounds like a lengthy process, it can be. The good news is that
it can be possible to obtain a K-3 nonimmigrant visa. This will allow
the immigrating fiancé (and any of their children) to live and
work in the US while they are waiting for the K-1 visa to be processed
If I visit my fiancé in the US and get married, can I change my status?
It depends. There are many examples of immigrants who visit the US on tourist
or exchange visas who later become romantically involved with a US citizen
and then get married. The Immigration and Nationality Act allows for this
kind of change in legal status.
However, if you are planning to marry your finance in the US and enter
the country falsely under another status, you do pose a risk of complications
with USCIS. Some immigrants will do this in order to bypass the lengthy
fiancé visa process, but being untruthful about your intentions
as a visitor to the country only invites suspicion from USCIS and further
potential legal issues.
Our family is ready to proceed. What is our next step?
Successfully filing for legal status with USCIS and coordinating with your
family members can be complex and every circumstance requires a different
procedure. For example, the steps a sponsor and their beneficiary should
take to obtain legal status are different depending on whether the beneficiary
is already in the US or is currently outside the country.
That is why it is always advised that these couples and families seek the
counsel of an experienced immigration attorney. At The Modi Law Firm,
we understand the challenges and uncertainties families face when navigating
these immigration issues and how easily they can be denied the status
they deserve. Attorney Modi has guided countless client couples and families
through these matters and consistently allowed them to secure legal and
promising futures here in the US.
Need more answers? Our firm is ready to hear your family's story.
Contact us today for a free case evaluation. Se habla Español.