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Family-Based avenues

Visa Bulletin

families together

Family petitions, waivers, fiancé visas, adjustment of status and consular processing are some of the ways KLF brings families together through immigration law. 

Contact KLF

Welcome

"I represent family members who have family in the United States as well as men and women who exit abuse and want to self-petition under the Violence Against Women Act.  Help through VAWA addresses domestic violence, human trafficking, and workplace exploitation."


"I want to help you regardless of your location.  I am based in Maryland but have traveled and am willing to travel to various cities including Texas, Florida, Oklahoma, and Pennsylvania to represent clients in immigration offices and in removal hearings."

Avoiding Quota Limits: A Visa Has to First Become Available

  Who can petition for whom and at what speed depends upon the status of the petitioner & his or her relationship to the beneficiary.  Immediate relatives avoid quota limits & have many advantages.  In other cases, a visa must become available before the beneficiary can adjust status to legal permanent residency.      

Consular Processing Now Resuming

Effective August 28, 2020,  consular operations  are resuming.  Applicants for consular processing should check their local U.S. Embassy for updates on what services that post is currently offering. 

Preference categories for visa availability

Unlimited Visas are Available for Immediate Relatives of U.S. Citizens

Immediate relatives  are not subject to limits on the number of visas that can be issued each year.  More information about immediate relatives is given on this page in the box titled "U.S. Citizens Filing for Immediate Relatives."

Visas are Limited in Number for Certain (Non-Immediate) Relatives

Certain relatives  are subject to limits on the number of visas that can be issued each year.  The filing date establishes the priority date for a given petition.   

Visas Processing Occurs Only When a Visa Becomes Available

For all beneficiaries who are not immediate relatives of U.S. citizens, a visa has to become available under the number system before adjustment of status or consular processing can proceed.  The family visa bulletin shows the processing times for each preference category.   Consult the current family visa bulletin using your priority date and your applicable preference category to determine estimated time for processing. 

F1: First Preference

  • Unmarried sons or daughters (over age 21) of U.S. citizens  
  • (Note:  In immigration law, the term 'child' is reserved for children under age 21. Once a child reaches 21, he or she is then referred to solely as a son or daughter. )

F2: Second Preference

  • (F2A)   Spouses and children (under age 21) of legal permanent residents 
  • (F2B)   Unmarried sons and daughters (over age 21) of legal permanent residents 

F3: Third Preference

  • Married sons and daughters of U.S. citizens 

F4: Fourth Preference

  • Brothers and Sisters of U.S. citizens     

WHO IS an immediate relative?

U.S. Citizens Filing for Immediate Relatives

U.S. Citizens Filing for Immediate Relatives

U.S. Citizens Filing for Immediate Relatives

  • Immediate relatives are spouses, parents, and unmarried children (under 21 and not married) of U.S. Citizens. 
  • Immediate Relatives avoid quotas and preference categories. 
  • An immediate relative does not have to wait under a preference category for a visa to become available. 
  • It includes a Widow / Widower under special circumstances.
  • Immediate Relatives may, if inside the U.S., immediately apply for adjustment of status to legal permanent residency simultaneously with the submission of a relative petition.   
  • Immediate Relatives who are outside the United States can consular process for issuance of legal permanent residency status once the relative petition is approved. 

U.S. Citizens Filing for Other Relatives

U.S. Citizens Filing for Immediate Relatives

U.S. Citizens Filing for Immediate Relatives

  • Certain relatives as well as fiancés are not considered immediate relatives but petitions can be filed for them.
  • Those who are not considered immediate relatives are subject to the numerical limits for visa availability according to the applicable preference category.
  • Any son or daughter either over 21 or married as well as brothers and sisters of U.S. citizens are not considered immediate relatives. 

Fiancé(e)s

  • Fiancé(e)s are not immediate relatives but a U.S. citizen can petition for his or her fiancé(e) under the K1 process.   With the resumption of consular visa services, K1 cases are being given high priority.  The petition is typically valid for 4 months.  However, consular officers can revalidate petitions for additional 4-month increments.  In most cases, it will not be necessary to submit a new petition. See more about K-1 below. 

Which is Best? Comparing the K1 Fiancé Visas to a Family Petition with Consular Processing

Which is Best? Comparing the K1 Fiancé Visas to a Family Petition with Consular Processing

Which is Best? Comparing the K1 Fiancé Visas to a Family Petition with Consular Processing

 Speed of K1 Fiancé Visas compared to a family petition and consular processing in times of COVID-19:  

  • Neither the K1 nor consular processing  on an I-130 family petition is subject to the proclamation suspending visas.  That said, K1  cases are taking much longer than they did previously. Thus, the K1 fiancé route is not necessarily the "fast process" that has made it so attractive previously. 
  • K1 still remains the faster than consular processing and allows the applicant to enter the U.S. sooner to join his or der fiancé(e).  
  • However, the fiancé filing fees are higher and the fiancé(e) does not enter with a legal permanent residency green card in hand. A K1 fiancé(e) cannot travel, work or live here without a looming 90-day deadline, etc.
  • It ultimately depends whether people want to take care of the school, work, and life in their own country while the I-130 petition is processing or enter the U.S. as quickly as possible even though it will raise more hoops to later jump through. 

Legal Permanent Residents Filing for Any Relative

Which is Best? Comparing the K1 Fiancé Visas to a Family Petition with Consular Processing

Which is Best? Comparing the K1 Fiancé Visas to a Family Petition with Consular Processing

  • Legal Permanent Residents do not have immediate relatives as defined for immigration purposes.
  • A Legal Permanent Resident can petition for his or her spouse, children under 21 (F2A category), unmarried sons or daughters over 21 (F2B), and married sons and daughters (F3).
  • LPRs cannot petition for siblings.
  • Beneficiaries of these petitions must wait, even after the petition is approved, for a visa to become available. 
  • Visas for relatives of LPRs are limited and allocated according to the 2A and 2B preferences described on this page. 


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