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At Vivian N. Szawarc we offer you legal guidance for a family visa

US immigration law offers a way to unite families in the United States. If you are a US citizen or legal resident of the US, you can ask the government to allow certain family members, such as your spouse, siblings, parents, and children, to join you in the United States.

  • Required documents The specific document you will request depends on your citizenship status and the nature of the relationship between you and the family member for whom you are applying.
  • Green card (permanent residence) a spouse can apply for a green card (permanent residence) or a K-3/K-4 nonimmigrant visa.
  • Fiancés residing outside of the United States, there is a special fiancé(e) visa.
  • I-130 Family Petition Filing Form I-130, Petition for Alien Relative is the first step in helping an eligible family member apply to immigrate to the United States and obtain a permanent resident card.

Immediate relatives

The term “immediate relatives” has a very specific meaning under US immigration law.

Refers to the spouse and unmarried children under the age of 21 of a legal citizen of the United States. If the citizen is over the age of 21, their parents are also considered immediate relatives.

The definition of “immediate relatives” is important because the United States government allows a US citizen to sponsor their immediate relatives to obtain immigrant visas to enter and remain in the United States permanently. Unlike other types of family visas, immediate relative visas are not limited to a certain number per year.

Permanence in the United States

I-130 Family Petition Filing Form I-130, Petition for Alien Relative is the first step in helping an eligible family member apply to immigrate to the United States and obtain a permanent resident card.

Permanent stay If your family member is interested in staying in the US permanently, it is also possible to start the process to become a US citizen through naturalization.

Attorney Vivian Szawarc is licensed to practice immigration law in all states and territories of the United States, the United States District Court for the Central District of California, and the 9th Circuit Court of Appeals.

PRACTICE AREAS

  • Immigration laws
  • Adjustment of status without leaving the country
  • Removal proceedings
  • Waivers
  • Crime Victim Visas
  • SIJS – youth visas
  • TPS / NACARA
  • Asylum
  • Family petitions
  • Appeals
  • ICE detainees and bonds

Obtaining an immediate relative visa

  • The sponsoring US citizen must file a completed Petition for Alien Relative (Form I-130) on behalf of each relative who needs a visa.
  • The relationship between the alien and the sponsoring citizen must be documented. Such documentation may include marriage and birth records.
  • If the relative is a spouse, the sponsor must show that the marriage is bona fide. This means that the marriage was not just part of the effort to enter the United States.
  • If the marriage began less than two years ago, the foreign spouse is only eligible for conditional permanent residence for two years. An additional filing will be required to lift the conditions if the marriage is shown to be bona fide.
  • The sponsoring US citizen will generally need to submit an affidavit of support to show that the family applicant will not require public assistance if the application is approved.

Manage family petitions with the help of an
experienced immigration attorney

¡Be part of Vivian Szawarc, we have more than 30 years fighting for immigration rights!

Our goal is to reunite your family as soon as possible so they can remain in this country.

Whether you arrived years ago or yesterday — or legally or illegally — we can help you navigate the immigration laws of the United States and help obtain or extend legal status in California.

2023 The Law Offices of Vivian N. Szawarc

1624 Franklin St # 402
Oakland, CA  94612
Phone: 866-410-6666