Detzky, Hunter & DeFillippo, LLC has decades of experience guiding clients through family immigration matters. Our firm understands how significant family immigration issues can be. We are prepared to help families navigate through the complex process of immigration. When families are trying to immigrate to the United States, it is essential that they have the guidance of an experienced legal team that can ensure all the necessary forms are filed and evidence is submitted to keep the family together.
Some of the many aspects of family immigration that Detzky, Hunter & DeFillippo, LLC has experience handling includes, but is not limited to the following:
- Adjustment of status
- Consular processing
- Fiance visas
- Green Cards
- I-601 waivers
- 3 and 10-year bars
- 1-751 petitions
If your family is facing immigration matters, it is important to have a legal team on your side. Contact Detzky, Hunter & DeFillippo, LLC today to schedule a consultation so we can discuss your situation.
One of the most common family immigration matters that arises is when a citizen of the United States wishes to bring their non-U.S. citizen fiance into the country. Helping one’s future spouse come to the United States can be exciting, as the couple will finally be able to start their new lives together. Individuals who wish to do this must file a K-1 visa on behalf of the foreign national fiance. This process is complex. If a K-1 visa is granted, the two parties are legally required to get married within 90 days of the spouse’s arrival in the United States. If the parties fail to marry within 90 days, the foreign party will need to leave the United States.
Unfortunately, there are a lot of fraudulent marriages that take place for immigration purposes. The USCIS requires the couple to prove the validity of their relationship. It is important for the couple to collect evidence of their relationship, such as correspondences, financial support, photographs, and anything else that may show the relationship is legitimate. In order to be eligible for a K-1 visa, the petitioner must also prove that they have met their fiance in person at least once within the two years prior to filing for the visa. There are some exceptions to this rule. Speak with an attorney at Detzky, Hunter & DeFillippo, LLC to discuss your situation.
Petitioning for a Family Member
There are often situations in which an individual comes to the United States and is forced to leave their family behind in hopes that they will be able to bring their family over in the future. The only individuals who are permitted to sponsor family members are U.S. citizens, permanent residents, or refugees that have been admitted within the last two years. Individuals who wish to sponsor a family member must file Form I-130, which is the Petition for an Alien Relative. If the petition is accepted and the USCIS can see that there is a legitimate familial relationship between the sponsor and the other party, the family member may be able to receive a green card.
The USCIS has established preference categories that determine when visas will become available for each group. The preference categories are as follows:
- First preference is for unmarried adult children of U.S. citizens
- Second preference is for spouses and unmarried children (adults and minors) of permanent residents
- Third preference is for married children of U.S. citizens
- Fourth preference is for siblings of adult U.S. citizens
Removing Conditions for Recently Married Permanent Residents
When an individual comes to the United States on a fiance visa, they often have conditions on their residence. They are usually subject to a two-year conditional basis. Within the two-year period, the individual who obtained their status through marriage has to have their conditions removed. If they fail to do so before the conditional period is over, their status as a permanent resident automatically expires and they are subject to deportation. Therefore, it is essential that a Form I-751 is filed 90 days or less before the conditional residence expires. If you need assistance removing conditions, it is a good idea to consult with an experienced immigration attorney at Detzky, Hunter & DeFillippo, LLC.
Contact a Family Immigration Attorney in Monmouth County
Families are often heavily impacted by immigration matters. Our firm is here to guide clients through each step of whichever process applies to their situation. Detzky, Hunter & DeFillippo, LLC has decades of experience helping clients navigate the confusing, document-heavy process of family immigration. Whether you are trying to reunite with a child or bring your fiance over to start your lives together, it is important to have strong legal guidance. Contact Detzky, Hunter & DeFillippo, LLC today to discuss your situation.