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Family Visas
Family-based immigration to the United States offers various pathways for family reunification and residency. Vinland Immigration is here to support. Below is a concise overview of key visa types and processes for families. If you still have questions, or would like us to support you with your visa application, please contact us.
Common Family Visas & Green Cards
Adjustment of Status
This process allows individuals already in the U.S. on a temporary visa (such as a K-1 fiancé(e) visa) to apply for lawful permanent resident status (a Green Card) without needing to return to their home country to complete visa processing. This is common among family members of U.S. citizens or permanent residents after a change in marital status or other qualifying events.
What is the Adjustment of Status process?
Adjustment of Status (AOS) is a legal procedure that allows an eligible individual who is already in the United States to change their immigration status to that of a lawful permanent resident (green card holder) without having to return to their home country for visa processing. This process is applicable to individuals who meet eligibility requirements based on family relationships, employment, or other qualifying categories.
Who can apply for an Adjustment of Status?
Eligibility for Adjustment of Status is generally available to individuals who have a valid immigrant visa petition approved, such as an I-130 or I-140 petition, and are currently in the United States. Applicants must have lawfully entered the U.S. and maintained lawful status, among other requirements. Certain categories, like asylees or refugees, may also adjust status under different eligibility criteria.
Can I work with the Adjustment of Status application?
Yes, applicants undergoing the Adjustment of Status process can apply for an Employment Authorization Document (EAD) by filing Form I-765. This document allows them to work legally in the U.S. while their application is pending. The EAD typically needs to be renewed annually until the green card is granted.
What are the benefits of Adjustment of Status application?
The primary benefit of adjusting status is the ability to legally reside and work in the U.S. as a permanent resident. This status provides stability and a pathway to citizenship, along with the benefits of residing in the U.S. such as access to education, social services, and the ability to travel in and out of the country more freely.
Do you need a petitioner for the Adjustment of Status application, and if so, who can be the petitioner?
Yes, most Adjustment of Status applications require a petitioner, who is often the same individual or entity that sponsored the initial immigrant petition. For family-based adjustments, this would be a U.S. citizen or lawful permanent resident family member. For employment-based adjustments, this would be the U.S. employer.
How can I apply for Adjustment of Status application?
To apply for Adjustment of Status, the applicant must file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This can be filed concurrently with an immigrant petition (like an I-130 or I-140) if eligible, or after such a petition is approved and a visa number is available. Applicants must include all required documents and evidence to demonstrate their eligibility.
How many of the Adjustment of Status applications are issued per year?
While there is no cap on the number of Adjustment of Status applications USCIS can approve annually, the number of green cards issued each year is limited by category and country-specific caps, particularly in family-sponsored and employment-based immigration categories, as outlined in the annual numerical limits set by Congress.
How much does Adjustment of Status cost?
The cost for filing an Adjustment of Status application includes the filing fee for Form I-485, which is currently $1,140 for most applicants, and a biometric services fee of $85. Additional costs may be incurred for medical examinations, translation of documents, and legal fees if the applicant chooses to hire an attorney to assist with the process. Applicants should consult the latest fee schedule on the USCIS website or discuss with an immigration lawyer to understand all associated costs.
B-2 for Nannies or Domestic Workers
While the B-2 visa is typically for tourists, it can also be used by nannies or personal employees accompanying their U.S. citizen employers abroad or foreign nationals traveling to the U.S. for temporary work with a U.S. citizen employer under specific conditions.
What is B-2 for Nannies and Domestic Workers?
The B-2 visa extension for Nannies and Domestic Workers is a specific use of the standard B-2 Tourist visa that allows nannies, housekeepers, and similar domestic workers to legally accompany their employers during visits to the United States. This extension recognizes the need for employers traveling for tourism, business, or medical treatment to maintain continuity in domestic assistance.
Who can apply for B-2 for Nannies and Domestic Workers?
Eligible applicants for this visa include nannies and domestic workers who are employed full-time by individuals who either reside abroad permanently or are in the U.S. on a non-immigrant visa, such as B-1, E, F, H, I, J, L, M, O, P, or Q visas. The employer must substantiate the need for the domestic worker’s services during their stay in the U.S.
How long is B-2 for Nannies and Domestic Workers valid for?
The B-2 visa for nannies and domestic workers is generally issued for up to six months, aligning with the typical validity period of a visitor visa. Extensions can be granted, corresponding with the employer’s authorized stay in the U.S., ensuring that the domestic worker can remain legally employed throughout the duration of the employer’s visit.
Can I work with B-2 for Nannies and Domestic Workers?
Yes, domestic workers on this visa can legally perform work in the U.S., but strictly for the foreign employer with whom they entered the country. They are not permitted to work for any other employer while in the U.S. under the B-2 visa status.
What are the benefits of B-2 for Nannies and Domestic Workers?
The primary benefit of this visa extension is that it allows nannies and domestic workers to continue their employment with their employers while temporarily in the U.S., providing stability for both the employer’s family and the worker. This arrangement also facilitates travel for employers who rely on assistance due to child care needs, medical reasons, or household tasks.
Do you need a petitioner for B-2 for Nannies and Domestic Workers, and if so, who can be the petitioner?
While there is no formal petition process with USCIS, the employer must sponsor the visa by providing a letter of employment that details the nature of the trip, the duration, the purpose of accompanying the employer to the U.S., and proof of the employer’s visa status or residency if applicable.
How can I apply for B-2 for Nannies and Domestic Workers?
Domestic workers should apply for the B-2 visa at a U.S. Embassy or Consulate in their home country. The application involves submitting the DS-160 form online, paying the visa fee, and attending a visa interview. Applicants must provide documentation including the employer’s letter of employment, evidence of their long-term employment, and details of the employer’s travel and status in the U.S.
How many B-2 for Nannies and Domestic Workers visas are issued per year?
There is no specific cap on the number of B-2 visas issued for nannies and domestic workers. Approval depends on the merits of each individual application and the demonstrated need for the worker to accompany their employer to the U.S.
How much does B-2 for Nannies and Domestic Workers cost?
The application fee for the B-2 visa is $160. This fee does not include additional costs that may arise from securing necessary documentation, travel to the embassy or consulate for the visa interview, or potential legal consultation fees. Applicants should prepare for these additional expenses when planning their application.
CR-1 Conditional Resident Visa (Green Card)
This visa category allows the foreign spouses of U.S. citizens to immigrate to the U.S. when the marriage is less than two years old. It grants conditional permanent resident status, which is valid for two years. The condition must be removed by applying for a permanent green card.
What is the CR-1 Visa?
The CR-1 (Conditional Resident) visa is designed for the foreign national spouses of U.S. citizens who have been married for less than two years. It facilitates the spouse’s entry into the U.S. as a conditional permanent resident, with the condition being the marriage’s continuation for at least two more years post-entry into the United States.
Who can apply for the CR-1 Visa?
Eligibility for the CR-1 visa is specifically for spouses of U.S. citizens where the marriage is less than two years old at the time of visa application. The U.S. citizen must file a petition on behalf of their spouse, establishing the marital relationship and intent to establish a life together in the U.S.
How long is the CR-1 Visa valid for?
The CR-1 visa grants conditional permanent residency to the spouse for a period of two years. Before the expiration of these two years, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, to convert the conditional status to permanent residency, based on the continuation of their marriage.
Can I work with the CR-1 Visa?
Yes, upon entry to the U.S. and receipt of their conditional green card, CR-1 visa holders are permitted to work anywhere in the United States. They are also eligible to obtain a Social Security number and a state driver’s license.
What are the benefits of the CR-1 Visa?
The CR-1 visa offers significant benefits, including allowing the foreign spouse to reside legally in the U.S. with their American spouse. The visa holder can also work without needing an Employment Authorization Document (EAD) and travel in and out of the U.S. It also initiates the process towards obtaining a 10-year green card after conditions are removed.
Do you need a petitioner for the CR-1 Visa, and if so, who can be the petitioner?
Yes, the U.S. citizen spouse must act as the petitioner for the CR-1 visa. They must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) to prove the legitimacy of the marriage and to initiate the visa application process.
How can I apply for the CR-1 Visa?
The application process begins with the U.S. citizen spouse filing Form I-130. Once approved, the petition is sent to the National Visa Center (NVC) for further processing. The foreign spouse then completes the visa application, submits necessary documents, and attends an interview at a U.S. embassy or consulate in their home country. Upon visa approval, the spouse can travel to the U.S. to join their partner.
How many CR-1 Visas are issued per year?
There is no annual cap on the number of CR-1 visas issued. This category is classified under immediate relative immigrant visas, which are not subject to direct numerical limits, ensuring that all eligible spouses who meet the requirements and successfully process their applications can receive visas.
How much does the CR-1 Visa cost?
The costs associated with the CR-1 visa process include the filing fee for the I-130 petition ($535), visa processing fees at the NVC, medical examination fees, and potentially other miscellaneous costs like translations and document procurement. Applicants should consult the latest information on the USCIS and U.S. Department of State websites for current fee structures and any updates.
I-130 Petition
This form is used by U.S. citizens or lawful permanent residents to sponsor a family member for immigration to the United States. It's the first step in the process for obtaining a family-based green card, applicable to spouses, children, parents, and siblings.
Is the I-130 petition a visa?
The I-130, Petition for Alien Relative, is not a visa; it is a form used by U.S. Citizenship and Immigration Services (USCIS) to establish a recognized family relationship between a U.S. citizen or lawful permanent resident and a foreign relative. The approval of an I-130 petition is a prerequisite step that allows the beneficiary to apply for an immigrant visa through consular processing or adjust status to a lawful permanent resident if they are already in the U.S.
Who can apply for the I-130 petition?
The I-130 petition can be filed by U.S. citizens and lawful permanent residents to establish eligibility for their family members to immigrate to the United States. Eligible family members include spouses, unmarried children under the age of 21, parents (if the petitioner is over 21), and siblings (if the petitioner is over 21). For lawful permanent residents, eligible relatives are generally limited to spouses and unmarried children.
How long is the I-130 petition valid for?
The I-130 petition itself does not have a validity period and does not confer any status on the beneficiary. Its approval signifies that the family relationship has been recognized by USCIS, allowing the beneficiary to move forward with the visa application process. The next steps depend on visa availability and other eligibility criteria.
Can I work with the I-130 petition?
The I-130 petition alone does not provide the beneficiary with the right to work or live in the United States. Work authorization and the ability to reside in the U.S. are granted through subsequent steps in the immigration process, such as obtaining an immigrant visa or adjusting status to that of a lawful permanent resident, which may include obtaining an Employment Authorization Document (EAD).
What are the benefits of the I-130 petition?
Filing an I-130 petition is the first critical step in the family-based immigration process, allowing U.S. citizens and lawful permanent residents to establish the necessary familial relationships for their relatives to eventually join them in the U.S. as permanent residents. This can lead to family reunification and eligibility for the relatives to live, work, and study in the U.S.
Do you need a petitioner for the I-130, and if so, who can be the petitioner?
Yes, a petitioner is required for the I-130 petition. The petitioner must be a U.S. citizen or lawful permanent resident who is directly related to the foreign family member they are sponsoring. The petitioner is responsible for filing the petition with USCIS and providing evidence of the qualifying relationship.
How can I apply for the I-130 petition?
To apply, the petitioner must complete and submit Form I-130, Petition for Alien Relative, to USCIS along with the required supporting documentation, which typically includes proof of citizenship or permanent residence of the petitioner, evidence of the relationship, and applicable fees. Once the petition is approved, the beneficiary may proceed with the immigrant visa application or adjust their status.
How many of I-130 petitions are issued per year?
There is no cap on the number of I-130 petitions that can be approved each year. However, the number of immigrant visas issued as a result of these petitions is subject to annual numerical limits, especially for certain family preference categories, which are detailed monthly in the Visa Bulletin published by the U.S. Department of State.
How much does the I-130 petition cost?
As of the latest update, the filing fee for Form I-130 is $535. This fee does not include any potential legal expenses or costs associated with gathering the necessary documentation or translating documents. It is advisable to check the USCIS website or consult with an immigration attorney for the most current fee information.
IR-1 Immediate Relative Visa (Green Card)
This visa category is for individuals seeking to live permanently in the U.S. It covers family-based immigration, where a U.S. citizen or lawful permanent resident sponsors a relative for immigration, including immediate relatives and family preference categories.
What is the Immediate Relative Visa?
The Immediate Relative (IR) visa category is specifically designed for close relatives of U.S. citizens, including spouses, unmarried children under the age of 21, and parents of U.S. citizens over the age of 21. This category is advantageous because it is not subject to the numerical limits that apply to other family-based immigrant visa categories, allowing for relatively quicker processing times.
Who can apply for the Immediate Relative Visa?
Eligible applicants for the Immediate Relative Visa include spouses, unmarried children under the age of 21, and parents of U.S. citizens who are 21 years of age or older. To apply, the U.S. citizen relative must first file Form I-130, Petition for Alien Relative, and it must be approved by U.S. Citizenship and Immigration Services (USCIS) demonstrating the legitimate family relationship.
How long is the Immediate Relative Visa valid for?
The Immediate Relative Visa itself allows for a single entry into the United States to adjust status to that of a lawful permanent resident. For marriage-based green card applicants, the green card is conditional and valid for two years. For other immediate relatives, such as parents or children, the green card is typically valid for ten years and is renewable.
Can I work with the Immediate Relative Visa?
Yes, once in the U.S. and after successfully adjusting status to a lawful permanent resident, holders of an Immediate Relative Visa can work without restrictions. They are eligible to apply for a Social Security number and can engage in any lawful employment.
What are the benefits of the Immediate Relative Visa?
The primary benefit of the Immediate Relative Visa is that it provides a direct path to permanent residency in the United States without the delays associated with visa caps. This status allows beneficiaries to live permanently in the U.S., attend school, work, and apply for U.S. citizenship after meeting eligibility requirements.
Do you need a petitioner for the Immediate Relative Visa, and if so, who can be the petitioner?
Yes, a U.S. citizen relative must serve as the petitioner for the Immediate Relative Visa. The petitioner files Form I-130, Petition for Alien Relative, to establish the qualifying family relationship. This petitioner is often the U.S. citizen spouse, parent, or child (if the child is over 21).
How can I apply for the Immediate Relative Visa?
Following the approval of the I-130 petition, the case is transferred to the National Visa Center (NVC), where further processing is conducted, including the collection of visa application fees and supporting documents. Once complete, the application is forwarded to the U.S. embassy or consulate in the beneficiary’s home country, where they will complete the visa process and attend an interview.
How many of these Immediate Relative Visa are issued per year?
There is no annual cap on the number of Immediate Relative Visas issued, which means that there are no backlogs or waiting periods beyond the processing time of the individual applications.
How much does the Immediate Relative Visa cost?
The total cost includes the filing fee for the I-130 petition, currently $535, and subsequent fees for visa processing and medical examinations. Additionally, there may be costs associated with obtaining necessary documents and translations. It is advisable to check the USCIS and U.S. embassy websites for the most up-to-date fee schedules and additional costs.
K-1 Fiancé(e) Visa
Known as the fiancé(e) visa, the K-1 allows U.S. citizens to bring their foreign fiancé(e)s to the U.S. with the requirement that the marriage takes place within 90 days of entry. After the marriage, the foreign spouse can apply for an adjustment of status to become a permanent resident.
What is the K-1 visa?
The K-1 Fiancé(e) Visa is specifically designed for the foreign fiancé(e)s of U.S. citizens. It permits these individuals to travel to the United States with the specific intent of marrying their U.S. citizen partner within 90 days of their arrival. After the marriage, the foreign national can apply to adjust their status to become a lawful permanent resident of the U.S.
Who can apply for the K-1 visa?
Eligibility for the K-1 visa is limited to foreign nationals who are engaged to marry U.S. citizens and plan to marry within 90 days of entering the United States. Both the U.S. citizen and the foreign fiancé(e) must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The couple must also have met in person at least once within the two years prior to filing the visa application, unless a waiver is granted.
How long is the K-1 visa valid for?
The K-1 visa allows for a single entry and is valid for 6 months from the date of issuance. The foreign fiancé(e) must enter the U.S. and marry the U.S. citizen petitioner within 90 days of arrival. Failure to marry within 90 days can result in the necessity to leave the country.
Can I work with the K-1 visa?
K-1 visa holders may apply for work authorization by filing Form I-765, Application for Employment Authorization, soon after arriving in the U.S. However, this employment authorization is temporary and only valid for a short period as it is expected that the K-1 visa holder will adjust status to a permanent resident shortly after marriage.
What are the benefits of the K-1 visa?
The primary benefit of the K-1 visa is that it allows the foreign fiancé(e) to legally enter the U.S. to marry a U.S. citizen and subsequently apply for permanent residency without having to return to their home country. This facilitates a smoother transition to life in the U.S., allowing couples to start their married life together sooner.
Do you need a petitioner for the K-1 visa and if so, who can be the petitioner?
Yes, the K-1 visa requires a U.S. citizen to act as the petitioner. The petitioner must file Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS), demonstrating the intent to marry and the legitimacy of the relationship.
How can I apply for the K-1 visa?
The process begins with the U.S. citizen petitioner filing Form I-129F with USCIS. After approval, the petition is sent to the National Visa Center (NVC), which then forwards it to the U.S. embassy or consulate nearest to the foreign fiancé(e). The fiancé(e) then applies for the K-1 visa, attends an interview, and upon approval, can travel to the U.S.
How many of these K-1 visas are issued per year?
There is no specific annual cap for K-1 visas; the number issued each year depends solely on the number of applicants who meet the eligibility criteria and successfully complete the application process.
How much does the K-1 visa cost?
The total cost for the K-1 visa process includes several fees: the filing fee for Form I-129F, currently $535, medical examination fees, and various visa processing fees. Applicants should consult the latest USCIS fee schedule and be prepared for additional costs associated with gathering necessary documentation and traveling for the embassy or consulate interview.
