Family and Marriage Visas
Sokhn Law provides many services to families seeking to be reunited through immigration. Our experience includes all types of Immigrant Visas based on marriage as well as other family petitions.
(Green Cards) Immigrant Visa based on marriage
You can obtain an immigrant visa or more commonly known as a green card based on marriage. Sokhn Law has helped countless couples stay together in the U.S. while applying for a green card for the immigrant spouse, also known as Adjustment of Status (AOS). We have also helped numerous couples reunite by representing the immigrant spouse in applying for a green card while outside of the U.S. (Consular Processing).
If you are a U.S. citizen, your spouse is considered an immediate relative and is immediately eligible for a green card (IR-1) if your petition is approved.
If you are a lawful permanent resident (LPR), and your petition for your spouse is approved, your spouse will be notified by the Department of State when a visa number becomes available. Depending on whether or not your spouse is in the U.S., he or she will then apply for residence through a consular office abroad. You must prove that your marriage is bona fide. The spouse must prove that he or she is admissible as an immigrant, or otherwise, eligible for a waiver of inadmissibility or grandfathered under §245(i) of the LIFE Act.
Sokhn Law understands the complex rules, requirements, and procedures and will help you comply with USCIS policies so that your application is accepted without additional delay. We can advise you regarding what you need to do, as well as help you collect and prepare the application and all of the necessary accompanying documentation. We have successfully represented countless couples through this process.
(Green Cards) Immigrant Visa based on relative petitions
Sokhn Law works to preserve and reunite families, it represents the most important work that we do.
In addition to MARRIAGE VISAs, Sokhn Law helps clients obtain other types of family visas. Because we focus only on Immigration Law, we can provide the best possible advice regarding the proper family visa for your situation. There are two general categories of family visas, one without limits and one with limited availability.
- Immediate Relative (IR) Immigrant Visas: The Immigration and Nationality Act (INA) does not limit the number of visas available each fiscal year for immediate relatives of U.S. citizens. That’s good news for U.S. citizens who want to bring their unmarried children less than 21 years of age to the U.S. These children can apply for an IR-2 visa. Orphans adopted abroad by U.S. citizens and orphans to be adopted in the U.S. by a U.S. citizen are also eligible for immediate relative immigrant visas (IR-3 and IR-4, respectively.) In addition, the parent of a U.S. citizen who is at least 21 years old can obtain an IR-5 visa. Sokhn Law helps families collect and file all the proper documentation for the appropriate type of family visa.
- Family Preference Immigrant Visas: Other specific, more distant family relatives can still obtain a type of visa called the “Family Preference Immigrant Visa”. The INA limits the annual quantities of this visa, and eligibility requirements are strict. Types of family preference visas available include the F1 (Family First Preference), for unmarried sons and daughters of U.S. citizens and their minor children. F2 (Family Second Preference) visas are for the relatives of Lawful Permanent Residents (LPRs), including spouses, minor children and unmarried children over the age of 21. Family Third Preference (F3) visas are available to married sons and daughters of U.S. citizens—and their spouses and minor children. Finally, the F4 (Family Fourth Preference) visa is available to brothers and sisters of U.S. citizens—and their spouses and minor children, as long as that U.S. citizen is over the age of 21.
Sokhn Law will assess your family's circumstances, work authoritatively with the law, and guide you as painlessly as possible through the process to reunite your family or keep all your family members together here. Sokhn Law has have done so for many clients like you. We have successfully helped pave the way for family members from all corners of the globe to join their close relatives already living in the greater San Francisco Bay area.
REMOVAL OF CONDITIONS/I-751
If you are married to a U.S. citizen, but your marriage is less than two years old, you received conditional residence status on the day you were granted on an immigrant visa. Your permanent resident status is conditional until you prove that you did not get married to evade the U.S. immigration laws. You must wait two years from the date of your legal arrival before you can apply for removal of the conditional status.
There is a critical timeline to removal of conditions, and an I-751 form (Petition to Remove the Conditions on Residence) must be filed within the 90 days preceding the expiration date on your permanent residence card. However, you will not receive any reminder from the USCIS to file this petition.
- If you file too early, your application gets sent back.
- Failure to file can result in removal proceedings.
However, if you are divorced, you can file the I-751 form anytime before the expiration of your green card—you don’t need to wait until reach that 90-day pre-expiration timeframe. Sokhn Law has helped many clients file the I-751 on their own after a divorce. Often, clients worry that they cannot prove that they entered into the marriage in good faith, especially when they cannot access documents easily. Our experience enables us to uncover evidence and proof of marriage, and we are diligent and creative in finding the best resolution for our clients.
You need proper legal representation. Sokhn Law helps married couples successfully navigate the completion of the I-751 form and the process of removing conditions.
We also help married couples that may be subject to a marriage interview, if the USCIS suspects a fraudulent marriage. We record and document your interview and properly represent your interests throughout proceedings.
Fiancé(e) Visa (K1 Visa)
Sokhn Law helped countless clients bring their fiancés to the U.S. We understand your worries about being separated from your fiancé(e). You may wonder about how long the process takes, or whether getting a fiancé visa is quicker than obtaining a green card based on marriage. Often, our clients ask if their fiancé(e) will be able to visit or perhaps stay for an extended time. We can help you if you have questions about when you might be able to marry, and we will walk you through all the steps along the way.
Our extensive immigration law experience includes helping clients obtain fiancé(e) visas and legal residency for their fiancé(e)s and spouses, as well as other family members. We will inform you of what you need to do to ensure that your visa application is in order and that you comply with U.S. immigration law.
EXPIRING OR LOST I-551 GREEN CARD
Immigrants come to Sokhn Law looking for a Green Card, known officially as "I-551 Permanent Resident Card." In 1989, the U.S. began issuing Green Cards with a 10-year expiration date. Be aware of your expiration date, because as it approaches, you are required to apply to renew on a USCIS Form I-90 Application to Replace Permanent Resident Card. If you lose your green card, the law also requires you to file an I-90 to replace your I-551 card.
If you need to renew or replace your Green Card, Sokhn Law can help with this standard procedure. In addition to completing an I-90 form, you will be required to be fingerprinted and subjected to a criminal background check.
Note, however, if you have been convicted of a crime in the past, that Green Card renewal application process can be complicated, even dangerous to your immigration status—it may even be cause for your removal from the U.S. You will be fingerprinted and undergo a criminal background check. If the criminal background check finds convictions, you will be required to provide certified conviction records to the USCIS. The USCIS will then review your records to determine whether you need to face an immigration judge for removal proceedings.
You need the services of an immigration lawyer before you start this process, so you can understand completely your renewal opportunities and obstacles.
Call Sokhn Law; we will work with you to find an appropriate solution to your situation.
Disclaimer: The Law Office of Dina M. Sokhn has prepared this website and the contents contained therein solely for informational purposes. The contents of this website are not to be considered legal advice. Neither this website, nor access to or receipt of the information therefrom, is intended to create or constitute a lawyer/client relationship. This website is not intended as a substitute for legal counsel, and no one should act upon any information contained in this website without seeking legal counsel.