Silver Spring Family Immigration Attorneys

Below are how preference categories are grouped:

• First Preference - unmarried, adult children (age 21 or older) of U.S. citizens
• Second Preference (2A) - spouses of green card holders, unmarried children (under 21) of permanent residents
• Second Preference (2B) - unmarried, adult children (age 21 or older) of permanent residents
• Third Preference - married children of U.S. citizens
• Fourth Preference - siblings of adult U.S. citizens

About Adjustment of Status

In certain circumstances, petitions can be made with the foreign national within the United States through a process called Adjustment of Status. Adjustment of status is for immigrants who are legally in the U.S. but want to change their status without having to leave the country.

To be eligible for adjustment of status, you must meet the following requirements:

• You are physically present in the United States
• You have an approved visa petition
• Your entry into the U.S. wasn’t illegal
• There can’t be a change in circumstances, such as the death of the petitioning party

While the adjustment of status application is processing, you will be granted a valid status to legally stay in the United States. You can also apply for your employment authorization document while you wait for the decision.

What is Consular Processing?

Alternatively, for those unable to process in the United States or for those abroad, they can immigrate to the United States through a process called Consular Processing. This process requires individuals to go through a U.S. embassy or foreign consulate to apply for a green card. In order to obtain a family-based green card through consular processing, the person petitioning for the person seeking a green card must be a U.S. citizen or possess a valid green card.

How to File a Petition for Your Spouse

If you are a U.S. citizen or have your green card as a lawful permanent resident, you may file an immigrant visa petition to bring your spouse over to the United States.

Below are the steps for how your spouse can become a legal immigrant in the U.S.:

1. The U.S. citizen or lawful permanent resident spouse must file an immigrant visa petition (Form I-130) and pay the filing fee.
   
   If you are a U.S. citizen, your petition will not be placed on a waiting list -- immediate relatives of citizens are given special consideration. Your spouse will be allowed to apply for an immigrant visa when USCIS approves the petition.
2. If you are a lawful permanent resident, then your spouse put on a waiting list and they will receive an immigrant visa number. If your spouse is not in the U.S. legally, they may need to leave the U.S. to stop from accruing unlawful presence. Accruing unlawful presence could affect their eligibility for an immigrant visa number. Check the State Department Visa Bulletin to check on the wait time for your spouse’s immigrant visa number. Unfortunately, due to the high volume of applications, wait time can be over 2 years.
3. If your spouse is within the U.S. legally when the petition is approved and when an immigrant visa number is available, they may adjust their status to a “lawful permanent resident” visa Form I-485. If your spouse is not in the U.S. when their petition is approved and when the immigrant visa number is available, they will be informed to go to their local U.S. consulate to complete the process to obtain an immigrant visa.

Fiancé Visas

U.S. citizens can also apply for a fiancé through a K-1 visa. This requires a combination of both consular processing and adjustment of status. Timing is key for this process, as the couple must marry within 90 days of entering the country. Our family immigration lawyers are here to walk you through the application process and make sure your best interests are protected, so please don’t hesitate to get in touch with us to get answers to all of your questions about the K-1 visa.