Our team of experienced attorneys can help you with your immigration case. We provide legal representation to individual family members seeking legal advice regarding their immigration status. We also provide Arabic, Spanish, Vietnamese, and English assistance for those who speak these languages. You do not have to handle every aspect of your family immigration matter on your own.

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The topics discussed below are some of the most important family immigration issues that affect prospective clients.

Adjustment of Status

You may have questions regarding the adjustment of status in immigration. Many prospective clients are interested in applying for adjustment of status. However, it is difficult to understand and adhere to all of the requirements of filing for adjustment of status without the assistance of a family immigration attorney.

U.S. immigration law permits you to alter your immigration status from temporary to lawful permanent resident status. Specific provisions of the Immigration and Nationality Act will be relevant to your application.

Typically, you begin the adjustment of status application process by completing and filing a Form I-485. Immigration adjustment of status is essential to protecting your legal rights. United States Citizenship and Immigration Services (USCIS) may initiate removal proceedings if an immigrant does not file for a change in immigration status and is remaining in the country illegally.

Not every person is eligible for an adjustment of status. Some individuals may prefer adjustment of status to consular processing because of the following:

  • More alternatives are available if an application is denied by USCIS
  • Applicants who submit employment-based applications may seek work mobility benefits
  • Applicants have the right to travel while the application is processing
  • Applicants have the opportunity to obtain employment authorization
  • Applicants can avoid travel time and expenses

Applicants must have legally entered the United States, and applicants must be physically present in the United States. Applicants who satisfy these requirements must perform the following tasks when they apply for adjustment of status:

  • The applicant must submit an immigrant petition and green card application. Oftentimes the petition is submitted by a family member or employer.
  • The applicant must confirm visa availability for their category with USCIS. Only a limited number of visas may be available, and an applicant may not file Form I-485 until a visa is available.
  • The applicant files the Form I-485.
  • The applicant will receive an email about a biometrics appointment. The applicant’s identity will be verified by signature, fingerprints, and photograph.
  • Some applicants will be required to attend an interview.

It is necessary to speak to an immigration lawyer to ensure that you satisfy all the requirements for an adjustment of status application.

Consular Processing

Prospective clients often also need to know about consular processing. Sometimes, an individual will want to know about applying for a green card via consular processing. Consular processing timelines may vary depending on the facts and circumstances of each individual applicant’s situation.

Essentially, there are two primary methods for applying for lawful permanent resident status: consular processing and adjustment of status. Typically, consular processing applies to those applicants who reside outside of the United States.

The National Visa Center will send your notice after your visa number becomes available. Next, you will submit an application to come to the United States as a permanent resident. The appropriate consular office will process the application, schedule an interview, and determine the applicant’s eligibility for consular processing.

The following steps are common during the consular process:

  • The applicant determines their eligibility to immigrate
  • The applicant files the immigrant petition
  • The applicant waits for a decision regarding their petition
  • The applicant waits for notification from the National Visa Center
  • The applicant attends their appointment
  • The applicant obtains a visa packet and take it to the Customs and Border Protection officer at the port of entry

Individuals who participate in the consular process must leave the United States, typically because these applicants entered the United States illegally without passing through an immigration checkpoint. The applicant is not allowed to adjust their status within the United States, and they must leave the United States to apply for a green card through consular processing.

Fiancé Petitions

One topic that concerns prospective clients is whether they can obtain a fiancé visa petition. Many individuals who marry U.S. citizens may be able to submit a fiancé visa petition by filing an I-129F form. However, the I-129F form is complicated, and petitioners typically need to obtain legal representation to ensure their applications are complete and accurate.

Some individuals may need to submit a K-1 visa petition depending on the facts and circumstances of their case. If you are interested in filing a petition for an alien fiancé, then you should contact an immigration attorney today.

The couple must obtain a marriage within 90 days from the date the foreign fiancé entered the United States. To begin the process for a fiancé petition, the United States citizen must file form I-129F with USCIS. The applicant must prove that the citizen has a bona fide intention to wed their fiancé within 90 days of the fiancé’s entry into the country.

The applicant must also establish that no legal issues will prevent the marriage from taking place. The applicant and the fiancé must have met in person within two years of the filing of the petition, and the U.S. citizen applicant must provide a copy of their criminal record.

A fiancé visa petition may be denied if the marriage would not be considered legal or if the fiancé is otherwise inadmissible.

The process of obtaining a fiancé visa can take months. Multiple delays may arise if the relevant documents are not filed in the proper manner. It is possible that a single mistake can cause a delay that lasts for months. An experienced immigration attorney can help you with every aspect of the K-1 visa process.

Once the fiancé has a petition for alien finance approved, then they may obtain a K-1 visa and come into the United States to marry their U.S. citizen spouse. After residing in the United States, the alien fiancé must marry the K-1 petitioner within ninety days. After this, the non-citizen fiancé may file for an adjustment of status to seek a green card.

During the interview process, the alien fiancé will need to submit the following documents:

  • Passport style photographs
  • Evidence of the relationship with their partner
  • Medical examination records
  • Affidavit of Support from the United States citizen fiancé
  • Law enforcement certificates from the countries where the applicant has resided since the age of sixteen
  • Death certificates and divorce certificates for any prior marriages
  • A U.S. passport featuring a validity date at least six months beyond the intended period of residence in the United States
  • A complete Form DS-160

Sometimes applicants may need to submit additional documents. This is not an exhaustive list of all the documents which may be relevant to a fiancé petition.

Contact Le & Le for Family Immigration

You may not know how to begin your immigration journey after arriving in the United States. Our Dallas immigration attorneys can provide you with the legal guidance you need to enforce your legal rights and seek U.S. citizenship. Contact us today to learn more about the legal options available to you. We are here to help you with every aspect of your family immigration case.