A Firm Who Helps Form & Reunify Families
You may be a US citizen or lawful permanent resident petitioner seeking to accord your relative with lawful resident status. Alternatively, you may be an intending applicant seeking to immigrate or adjust your status while here in the US.
We are here to help you navigate through a complex immigration system. Below are common scenarios that we are often asked which illustrate our careful approach in family-based applications.
Should I pursue a K-1 Fiancé(e) Visa or a Spousal Petition?
A Fiancé(e) visa petition (K-1) can be filed only if the petitioner is a US citizen and prior to entering into a legal marriage. These options require a discussion around anticipated steps in the relationship, timelines, and future intentions.
In other instances, a prospective petitioner is a lawful permanent resident who would like to file for a spouse. This may raise a decision as to whether a petitioner should consider naturalization in the context of processing times under the F2A category of the Department of State Visa Bulletin.
How do I know if my family member is subject to the wait times as posted in the DOS Visa Bulletin?
If you are a US citizen and filing for your spouse, parent, or unmarried child (under 21), you qualify as an Immediate Relative. You will be subject only to standard processing times with each government agency, including USCIS, the NVC, and Consulates / Embassies abroad.
If you are not in an Immediate Relative relationship, then you must determine whether you qualify under the family preference categories as posted in the DOS Visa Bulletin. Each of these are subject to processing times subject to variance based on annual quotas (visa numbers) provided under each category.
USCIS approved my petition and now I have to wait for a visa number to become available for my relative. How can I find out how much longer we need to wait?
While it is not possible to calculate an exact period of time, you may be able to obtain a rough estimate. The Department of State (DOS) publishes an updated Visa Bulletin each month which specifies the approximate processing dates for each Family-Sponsored preference category.
By calculating the difference in time between your Form I-130 Priority Date and the processing date as posted for the respective family-based category in the Visa Bulletin, you may be able to better understand the wait time ahead of you. It is also important to remember that the Visa bulletin can fluctuate significantly on a month-to-month basis.
Let us help you chart your path for you and your family towards capturing the visions you have always hoped for together.
Making the Most of Your Financial Investment in the US
You may be wondering whether you may be able to obtain lawful status for you and your family by investing in the US. Your intentions and amount of personal funds that you are willing to invest will dictate which investor visa is best suited for you.
We are here to help you discuss your investor visa options. Below are common questions that you may have in mind before pursuing investor visa options.
How much do I need to invest in the US to qualify for an investor visa?
The amount of your potential investment will begin to determine which investor visa option is available for you. It will also determine whether you will qualify for lawful resident status or whether you should consider treaty investor options which affords employment authorization in the US.
The EB-5 Immigrant Investor Program requires a minimum investment of $ 900,000 if your investment is directed into a qualifying Targeted Employment Area (TEA) designation. In this instance, you can explore approved EB-5 Investor Regional Centers whose investor programs meet the requirements necessary to allow this minimum investment amount. If successful, the EB-5 designation will provide you and certain qualifying family members lawful permanent resident status in the US.
What if I would like to invest less by operating a business in the US?
You may want to pursue your entrepreneurial dreams in the US. For instance, you may be a talented chef hoping to open a restaurant. One option to consider is the E-2 Treaty Investor Visa which is extended to nationals of a treaty country as designated by the U.S. Department of State.
Your investment amount must qualify as a “substantial amount” per USCIS standards. This amount is determined by the nature of the business venture and whether the venture maintains sufficient growth potential as to add jobs to the US economy.
The Treaty Investor program initially allows a maximum initial stay of 2 years, which can be extended at 2-year increments for an indefinite period of time as long as the business venture remains viable and continues to meet conditions of the program.
Let us help you explore your options as you consider your investment in the US. There are important considerations to keep in mind as you maximize your investment potential.