Blog Post

QUESTION 1: WHY IS FAMILY-BASED IMMIGRATION IS IMPORTANT?

Family-based immigration is important because the United States believes in the reunification of qualified family members (aunts, uncles, cousins, etc., do not qualify.) of U.S. citizens and permanent resident (Green Card) holders. Every year (in fact, statutorily), there are more family-based immigrant visas than other categories of immigrant visas.

QUESTION 2: AS A PERMANENT RESIDENT, CAN YOU PETITION FOR YOUR RELATIVES?

Yes, as a green card holder, also known as a permanent resident, you can only help the following relatives become U.S. permanent residents: children and spouse.

QUESTION 2(a): AS A PERMANENT RESIDENT, AND AFTER THE PETITION HAS BEEN APPROVED, HOW LONG WILL IT TAKE MY RELATIVES TO IMMIGRATE?

It depends.

There are two different preferences, pursuant to INA § 203 and INA § 216 (8 USC 1186a):

For those relatives of permanents residents, specifically spouses of green card holders and unmarried children (under 21), they fall under the second preference (F2A). As at the time of writing this post, this preference is current, meaning that all qualified applicants are authorized. There is no waiting period/backlog. Others are subject to priority dates (i.e., when visas are available).

QUESTION 3: AS A U.S. CITIZEN, CAN YOU PETITION FOR YOUR RELATIVES?

Yes, as a U.S. citizen, you can help the following relatives become U.S. permanent residents: children, spouse, parents, and siblings.

QUESTION 3(a): AS A U.S. CITIZEN, AND AFTER THE INITIAL PETITION HAS BEEN APPROVED, HOW LONG WILL IT TAKE MY RELATIVE TO IMMIGRATE?

It depends.

Pursuant to the INA § 203(a), immediate relatives (spouses, unmarried children under 21 years of age, and parents) of U.S. citizens are given special consideration. For these relatives, there is no waiting list. Others are subject to priority dates (i.e., when visas are available).

QUESTION 4: FOR IMMIGRATION PURPOSES, WHAT IS A VALID MARRIAGE?

For a marriage to be considered valid for immigration purposes, it must first be determined to be valid under the laws of the state or country where the marriage was performed. Also, same-sex and transgender marriages are no longer treated differently under immigration law as a result of the U.S. v. Windsor Supreme Court decision. This decision extends to K-1 petitions, too.

QUESTION 5: FOR IMMIGRATION PURPOSES, WHAT IS A BONA FIDE MARRIAGE?

When a non-citizen marries a U.S. citizen or a permanent resident (Green Card) holder, and the U.S. citizen or permanent resident files a Form I-130, Petition for Alien Relative, for the non-citizen, a USCIS officer or consular officer considers certain factors (cohabitation, length of relationship, commingling of finances, etc.) to determine whether a bona fide marriage exists. Relationships entered into for purposes of evading immigration laws of the United States are not valid for visa adjudication purposes. See 9 FAM 102.8-1(A).

QUESTION 6: DOES THE DEATH OF A PETITIONING SPOUSE (I.E., U.S. CITIZEN OR GREEN CARD HOLDER) END THE PETITION?

No! If the petitioner dies, and there are different scenarios, the principal or derivative beneficiaries of a pending Form I-130 (and other qualified categories not listed in this brief response) will be protected (For other categories, see §204(l) of the INA. §204(l)).

QUESTION 7: WHAT IF THE PRINCIPAL OR DERIVATIVE BENEFICIARIES ARE RESIDING ABROAD WHEN THE PETITIONER DIES?

In that case, there is another mechanism: Humanitarian Reinstatement of an approved Form-130. However, derivative beneficiaries are not independently eligible for humanitarian reinstatement, but they can shelter under the principal beneficiary’s approval.

QUESTION 8: TELL US ABOUT CONDITIONAL RESIDENCY FOR SPOUSES OF U.S. CITIZENS

After a U.S. citizen petitions for his/her non-citizen spouse (beneficiary), and having satisfied the legal requirements, a conditional permanent residence (CPR) is issued to the beneficiary. CPR is valid for two years

QUESTION 9: SINCE THE CPR IS VALID FOR TWO YEARS, WHAT IS NEXT?

Within 90 days of the second anniversary grant of CPR status, the couple, if still married, must jointly file a petition to remove the condition on the CPR. To support the petition, the couple must show that a valid marriage still exists. Once the conditional status has been removed, and permanent residency that may be extended indefinitely.

QUESTION 10: IS IT POSSIBLE TO WAIVE THE JOINT FILING REQUIREMENT?

Yes, if you can show an extreme hardship if removed from the United States and that the qualifying marriage was entered into in good faith.

QUESTION 11: WHAT IF I WAS PHYSICALLY OR PSYCHOLOGICALLY OR EMOTIONALLY ABUSED?

For those who were battered or subject to extreme cruelty, you can seek relief under the Violence Against Women Act (VAWA) self-petitioner. See 8 CFR § 216.5(e)(3)(i).

QUESTION 12: TELL US ABOUT K-1 VISAS

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a U.S citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States: and the U.S. citizen and fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the United States as a K-1 nonimmigrant visa holder.

Based on this post, The Law Office offers the following immigration solutions:

1.    Family-Based Immigration

2.    K-1/Fiancé Visa Petitions

3.    VAWA I-360 Petition for Green Card

4.    Marriage-Based Immigration

5.    Citizenship & Naturalization

In-person appointments are available for those who live in the Detroit Metropolitan Area. Others can schedule a virtual appointment to speak to Attorney Akin (follow this link to schedule an initial consultation):

Akintunde F. Adeyemo, Esq.

Attorney, Counselor & Solicitor

734-318-7053 (Call, Text, Including WhatsApp)

Website: www.akinalaw.com

Email address: info@akinalaw.com

P.O. Box 1140

Taylor, Michigan 48180

United States of America

BECAUSE IMMIGRATION LAW IS FEDERAL, I REPRESENT CLIENTS IN ALL 50 STATES AND IN EVERY COUNTRY AROUND THE WORLD (U.S. EMBASSIES AND CONSULATE OFFICES) IN U.S. IMMIGRATION MATTERS.

The information in this article is for general information purposes only. Nothing in this post should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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