Fiancé Petitions
Fiancé petitions are available to individuals who wish to marry someone from another country. Through this process, an individual’s fiancé may enter the United States on a special fiancé visa so that the two may get married. Upon marriage within an allotted amount of time, the new spouse may apply for lawful permanent resident (a green card.)
Family-Based Green Card
Permanent Residency, or a “green card” may be obtained through several different immigration petitions. You may obtain permanent residency after one year as an asylee, or after three years in U Nonimmigrant status, for example. Another common way of obtaining permanent residency is through family-based applications.
Family Based Applications
If you have a United States citizen or lawful permanent resident family member, you may be eligible for certain immigration benefits. This area of law is very complicated and it is important to consult with a family immigration attorney to discuss the options and risks. Alexandra can help you or your Contra Costa County or Bay Area family members with this complicated process.
Hardship Waivers
I-601A Hardship Waivers are available to certain immigrants who have been unlawfully present in the United States for 180 days or more and who have a permanent resident or United States citizen spouse or parent. Normally, these immigrants would have to leave the United States and remain outside of the country for three or ten years or more in order to become a permanent resident. The I-601A Hardship Waivers allow the immigrant to remain in the United States while applying for permanent residency. Once the I-601A Hardship Waiver is approved, the immigrant will go to their home country for a brief interview at the United States embassy or consulate.
In order to qualify for an I-601A Hardship Waiver, you must demonstrate that your lawful permanent resident spouse or parent would suffer “extreme hardship” if you were to be unable to remain in the United States. Extreme Hardship is not defined by law but USCIS and case law have developed guidelines for what typically does and does not constitute extreme hardship. Call us today to see if your family circumstances might be enough to demonstrate extreme hardship to your family.
Conditional Residency
Immigrants who obtain residency through a spouse with whom they have been married to for only two years or less will obtain what is called “conditional residency”. This means that the immigrant will be a conditional resident for two years, and two years after obtaining conditional residency, they must apply to remove those conditions with an I-751 application.
The immigrant must demonstrate that they are still married and living with their spouse. It is very important not to miss this two year requirement because it can result in a denial of your I-751 and you may have to start the process over from the beginning or you may be denied immigrant benefits in the future. If you are no longer living with your spouse because of abuse or termination of marriage, you may still be eligible to remove the conditions from your residency. Call us today to see if you qualify.