Marriage to a U.S. Citizen / Immediate Relatives of a U.S. Citizen
Colorado Family Visa Attorney
Filing Immigration Paperwork for an Immediate Relative of a U.S. Citizen
Spouses, parents and children (including most stepchildren) of U.S. citizens are considered “immediate relatives.” U.S. citizens may petition for permanent resident status for their immediate relatives. If the immediate relative entered the country legally, after being inspected by an immigration officer, they may be able to apply for permanent residence in the U.S.
At Lisa E. Battan, P.C., we handle a wide range of immigration law matters, including marriage to a U.S. citizen. For experienced immigration assistance, contact a Colorado family visa attorney.
If the immediate relative entered the country without inspection by an immigration officer, they may have to leave the U.S. and apply for an immigrant visa at a U.S. consulate in their country of nationality. If the relative has been “unlawfully present” in the U.S. for more than six months, the relative may need a waiver of the time the relative was in the U.S. Waivers can be difficult to obtain.
Before making any plans, please consult an immigration attorney. You need to carefully plan before filing any paperwork with the USCIS. The immigration attorney must carefully assess your immigration history, your relationship, your financial standing and other conditions before providing you any legal advice about how to proceed.
The usual reasons a person may have difficulty qualifying for permanent residence are: past criminal behavior; prior immigration violations including overstays or removals; or serious health problems. But, there may be other problems to consider.
Applying for Permanent Residence in the United States
If you file for permanent residence in the U.S., while the applications are pending with USCIS, your relative may apply for authorization to work, and for permission to leave the U.S. and reenter, while the permanent residence applications are pending.
The U.S. citizen will also sign a contract with USCIS stating that he or she will reimburse the government for any means tested federal public assistance the relative may take. To support this contract, called an affidavit of support, you must show that the U.S. citizen makes at least 125% of the federal government’s poverty guidelines for the number of person’s in the household. If you do not qualify, you may be able to use a joint sponsor.
After the initial processing of the applications, USCIS may personally interview you both regarding the bona fides of your relationship and the foreign national’s eligibility for permanent residence.
At the time of your personal interview, spouses will need to show the USCIS substantial evidence that your marriage is genuine and not entered into just for an immigration benefit.
If USCIS approves the permanent residence application, and you have been married less than two years at the time of approval, USCIS will award the foreign national Conditional Permanent Residence (commonly referred to as a conditional green card.) The CPR will allow the foreign national to live and work in the U.S. CPR is valid for two years. Prior to the expiration of the two years, you must file another application with USCIS to remove the conditions. In support of that application, you will again submit proof of bona fide marriage. When that application is approved, the foreign national will have Lawful Permanent Residence valid for as long as he/she maintains his/her status. If you have been married more than two years at the time of the interview, the foreign national will receive Lawful Permanent Residence.
Consular Processing
If the foreign national immediate relative is outside of the U.S., or entered the U.S. without being inspected by an immigration officer, the foreign national may be able to apply for an Immigrant Visa at a U.S. consulate in their home country. The foreign national must still show that they qualify for permanent residence. Also, the U.S. citizen must provide an adequate Affidavit of Support. Some consulates may allow all paperwork to be filed at the consulate. Other consulates may require that you begin the process in the U.S. and then conclude the process at the consulate. All consulates require that the foreign national appear for a personal interview before being issued an Immigrant Visa.
If you want more information or assistance with these processes, contact our Colorado immigration lawyer.
