K1 VISA Lawyer Charlotte | Family Immigration - Frear Law

We offer solutions that keep families together.

FAMILY IMMIGRATION

Family reunification is one of the primary goals of US Immigration Law. Family based immigration enables relatives of US Citizens and Lawful Permanent Residents to immigrate to the United States to join their family and build the lives of their dreams. We proudly offer the following services to help families achieve their goals:

Filing the I-130 is the first step in the process of securing a green card for your family member. The I-130 and the supporting documentation are used to establish the immigration status of the petitioner and show the relationship between the petitioner and the family member who intends to immigrate to the United States. At this stage, the US government is not screening for potential inadmissibility or eligibility for adjustment of status; the screening process for those issues will occur later in the process.

Beneficiaries of a family based immigration petition that are already in the United States in a valid status may be eligible to adjust their status to that of a lawful permanent resident without needing to leave the United States. We can help to evaluate the beneficiary/family member’s eligiblity for this benefit and ensure that all of the proper documentation is submitted to USCIS. Additionally, we can help prepare for the interview process with USCIS.

 

There are many grounds of inadmissibility that will keep beneficiaries of a family based petition from being able to enter the United States. Among the several dozen grounds of inadmissibility, the most commonly seen ground of inadmissibility is for unlawful presence. The key to a successful waiver application is to show that the petitioning family member will suffer extreme hardship if their family member is unable to immigrate to the United States. This can oftentimes be demonstrated through well documented, thorough and organized evidence. We can help guide you though this process to ensure that your waiver and application is presented in a clear and persuasive manner.

Family member beneficiaries who are not eligible or elect not to adjust status in the United States will apply for their family based immigrant visa at a US consulate abroad. When a visa is available, the National Visa Center(NVC) will inform the beneficiary that he or she may begin the consular processing stage. We can help the family member beneficiary’s process go smoothly by ensuring the submission of all of the required documentation and by helping with interview preparation.

When a US Citizen is engaged to a foreign national, a K-1 visa can be issued that allows the foreign national fiancé to enter the country as a non-immigrant. In order to qualify for the K-1 visa, the following must be proven: 1) The petitioner is a US Citizen 2) The petitioner intends to marry within 90 days of the foreign national fiancé entering the country 3) The couple is free to marry and all previous marriages have been legally dissolved 4) The couple has met at least once within the two years prior to filing unless one of two narrow exceptions apply.