Khan Nayyar & Associates, LLC

Call Us 630-LAWYERS | 630-529-9377

Se Habla Español

Aurora immigration attorney visa denialIf you are a United States citizen or lawful permanent resident (LPR), there are ways that you can bring your spouse, fiancé, or other family members into the U.S. to live with you if they are a citizen of another country. Unfortunately, not all who apply for visas receive them. While there is not a limit on the number of visas issued to spouses of U.S. citizens, only a certain number of other types of visas are issued each year to allow people to enter, live, and work in the United States. In addition to restrictions on the number of visas issued, certain situations can disqualify your family member from obtaining a visa.

Health-Related Situations

The United States has specific requirements for people wishing to enter the country. Health-related issues usually revolve around sustaining the health of the public. Those applying for visas must have been vaccinated against:

  • Mumps;
  • Measles;
  • Rubella;
  • Polio;
  • Tetanus;
  • Diphtheria;
  • Pertussis;
  • Influenza type B; and 
  • Hepatitis B.

The U.S. also does not allow those who have a mental disorder and associated behavior that poses a threat to the property, safety, or welfare of the person or others, or those who are determined to be drug abusers or addicts.

...

Carol Stream immigration visa lawyerAn estimated 1.13 million people obtained lawful permanent resident (LPR) status in the United States in 2017, according to the Department of Homeland Security. While employer exploitation can happen to anyone, immigrants tend to be the target of exploitation or abuse, threatening the lawful immigration status of many workers.

Abusive Behaviors of Employers

Certain behaviors exhibited by employers can violate laws related to wages and hours, protections provided by equal employment laws, or workers’ rights to participate in protected collective activity, but sometimes employer abuse can be considered a criminal offense. These behaviors include things such as:

  • Trafficking
  • Rape
  • Unlawful criminal restraint
  • False imprisonment
  • Blackmail
  • Involuntary Servitude
  • Witness tampering
  • Obstruction of justice
  • Extortion
  • Domestic Violence
  • Kidnapping
  • Being held hostage
  • Manslaughter
  • Murder

In situations which these behaviors occur, workers may possibly be eligible to receive a U visa.

...

Oak Brook immigration attorney fiance visaWhen a United States citizen plans to marry someone who is a citizen of a foreign country, they may be able to obtain a nonimmigrant visa that will allow their fiancé to come to the U.S. to get married, after which they may apply for a Green Card. However, the process of bringing a fiancé to the United States is complex, and it involves multiple government agencies. To complete the process of fiancé immigration, the following steps must be followed:

  1. File a petition for fiancé - To begin the process, a U.S. citizen must file Form I-129F (Petition for Alien Fiancé(e)) with U.S. Citizenship and Immigration Services (USCIS). If USCIS approves this petition, they will recognize the relationship between the citizen and their fiancé and send the approved petition to the National Visa Center (NVC).
  2. Apply for a fiancé visa - After the Department of State (DOS) receives an approved Form I-129F, the fiancé can apply for a K-1 nonimmigrant visa at the U.S Embassy or consulate in the country where they currently live. 
  3. Attend a visa interview - The fiancé will be interviewed by a DOS consular officer, and they will be required to provide certain documentation, including proof of required medical examinations and vaccinations and an affidavit of financial support. If the fiancé qualifies, a visa will be issued.
  4. Enter the U.S. - After a visa is issued, it will be valid for up to six months. The fiancé will travel to the United States, and they will be inspected by U.S. Customs and Border Protection (CBP), who will decide whether to admit them to the U.S. 
  5. Get married - After the foreign fiancé enters the United States, they must marry their U.S. citizen fiancé within 90 days. 
  6. Apply to adjust status - After getting married, the immigrant spouse may apply to become a lawful permanent resident of the United States by filing Form I-485 (Application to Register Permanent Residence or Adjust Status). Both spouses may be required to provide documentation and attend an interview.
  7. Remove conditions on residence - Spouses who have been married for less than two years when applying to adjust their status will receive a conditional Green Card that will be valid for two years. Within 90 days of the expiration of this Green Card, they must apply for permanent residence by filing Form I-751 (Petition to Remove Conditions on Residence).

Contact a DuPage County Immigration Lawyer

Meeting the requirements for fiancé immigration can be a complicated process, and the assistance of an experienced immigration attorney is often required in order to ensure that the proper forms are filed and the correct steps are followed. At Khan Nayyar & Associates, LLC, we can provide you with the legal help you need as you work to bring your loved one to the U.S. to get married. Contact our Oak Brook immigration attorneys today by calling 630-LAWYERS.

Sources:

...

Carol Stream green card attorney family preferenceWhen citizens of the United States have relatives who live overseas, they are likely to want to bring their loved ones to live with them. This is a primary concern for parents, since they will want their children to live in a safe community and take advantage of the excellent educational opportunities that are available in the United States. However, it is important to understand the legal procedures that must be followed when helping a family member immigrate to the U.S.

Obtaining an Immigrant Visa

While there are a limited number of visas available for most categories of people who wish to immigrate to the United States and become a lawful permanent resident, immigrant visas for immediate relatives of U.S. citizens are unlimited. Immediate relatives include the children of citizens, as long as those children are under 21 years old and are not married.

To obtain an immigrant visa for an immediate family member, a citizen can file Form I-130 (Petition for Alien Relative). 

...

DuPage County spouse visa attorneyWhen a U.S. citizen or lawful permanent resident (Green Card holder) who resides in the United States is legally married to a citizen of a foreign country, their spouse may be eligible to receive an immigrant visa allowing them to come to the United States and become a lawful permanent resident. The process of applying for a spouse visa is complicated, and couples should be sure to understand the requirements that they must meet when doing so.

Required Documentation for a Spouse Visa

The first step spouses should follow to obtain an immigrant spouse visa is to file Form I-130 (Petition for Alien Relative). Along with this form, they should submit the following documents:

  • Copies of the couple’s marriage certificate and any documents showing that previous marriages have been terminated, such as divorce decrees, annulment documents, or death certificates.
  • Two passport-style photos for each spouse.
  • Proof of citizenship or lawful permanent residence. U.S. citizens can provide a copy of their valid passport, birth certificate, Consular Report of Birth Abroad, naturalization certificate, or certificate of citizenship. Lawful permanent residents can provide a copy of their Green Card or a foreign passport which shows temporary evidence of permanent residence.
  • Form I-864 (Affidavit of Support), which demonstrates that the immigrant spouse will have adequate financial support while living in the United States. 
  • Form DS-260 (Immigrant Visa and Alien Registration Application).
  • Forms showing that the immigrant spouse has completed a medical examination with an authorized doctor and received their required vaccinations.

After filing Form I-130, a spouse may be eligible for a nonimmigrant visa which will allow them to live and work in the United States while their immigrant visa application is pending. U.S. citizens can apply for a K-3 nonimmigrant visa for their spouse by filing Form I-129F (Petition for Alien Fiancé(e)). 

...
American Immigration Lawyers Association Chicago Bar Association National Employment Lawyers Association Illinois State Bar Association
Back to Top