Family Immigration Attorneys

The Bhatia Law Firm, P.C. has helped hundreds of people to reunite with their families through visa and green card processes. Our experienced team assists individuals from deciding the best category for their application until the approval of their permanent resident status (green card).

On this page, you will learn more about the difference between green cards through adjustment of status (AOS) and consular processing, removal of conditions after receiving a green card, and waivers.

Adjustment of status (Green Card)

Adjustment of status (AOS) is the process individuals use to obtain a green card while being lawfully present in the United States, thereby the process of “converting” their current status to that of a permanent resident. Individuals may be eligible through family members or other categories (see also Business Immigration). 

Immediate Relative of U.S. Citizens

Immediate relatives of U.S. citizens are the spouses, unmarried children under 21 years of age, or the parents of a U.S. citizen. There is no numerical cap of applicants, which means this category does not need to wait for a visa to become available to be able to apply for the green card through consular processing or adjustment of status. 

Other Family Members of U.S. Citizens or Lawful Permanent Residents

Family members not considered “immediate” relatives may still be eligible for a green card. This group includes unmarried sons and daughters of U.S. citizens and their children, siblings of U.S. citizens, and spouses and children of lawful permanent residents. There is an annual cap, and to apply for an immigrant visa, there must be a visa immediately available at the time of filing and at the time of approval of the application. The visa bulletin is posted monthly on the Department of State’s website. 

Consular Processing

Consular processing applies to individuals outside the United States or those who are ineligible to adjust their status. Individuals residing abroad must have an approved immigrant petition filed on their behalf by a family member. Once an immigrant visa number becomes available (if restricted), applicants must submit their application and documentation to the U.S. Department of State consulate in their country, attend a consular interview, and receive the visa approval to immigrate to the United States. 

K-1 Fiancé Visas

For foreign nationals engaged to U.S. citizens, the K-1 visa is a great option. After visa processing and approval in the U.S. Consulate or Embassy, the fiancé can enter the United States, marry within 90 days of admission, and then apply for lawful permanent resident status in the United States (get a Green Card).

Person admitted to the U.S. as the child of a fiancé of a U.S. citizen (K-2 nonimmigrant)

 Children of a fiancé have the opportunity to be granted a K-2 visa from the parent fiancé petition. In order to be eligible for this visa, the applicant must be under the age of 21 and be an unmarried child of the K-1 applicant.

After the K-1 visa holder parent gets married to a U.S. citizen within 90 days, the K-2 visa holder can also apply for an adjustment of status (AOS). Filing the application before the K-2 visa holder turns 21 is necessary to safeguard their eligibility for permanent residence.

Removal of Conditions

Conditional permanent resident status is usually granted when the application is based on marriage and the person has been married less than 2 years on the day the green card was approved. The Conditional Green Card is valid for only two years and is aimed by the U.S. immigration laws to ensure the legitimacy of marriage. 

Thus, the applicant must apply to remove those conditions by filling out USCIS form I-751 within 90 days preceding the green card's expiration. Failing to meet this deadline can result in the loss of permanent resident status and potential deportation. Children of a conditional resident spouse must also go through this process if they immigrate within two years of the parent’s marriage to a U.S. citizen or LPR.

Waivers

A U.S. citizen or permanent resident legal spouse, child, or parents that would suffer extreme hardship is the basis for waivers for certain grounds of inadmissibility, such as unlawful presence in the U.S., prior misrepresentation or fraud, certain criminal convictions, health related, or other immigration violations. 

The applicant must submit evidence establishing a family relationship and proof that the qualifying relative would experience extreme hardship if the admission were denied. 

When evaluating an extreme hardship, immigration authorities consider the overall situation, not just the typically expected hardship from family separation. Factors are considered cumulatively and include the applicant's connection with the qualified relative, particularly if they care for children, elderly, or disabled relatives, financial hardship, medical and emotional effects, and many other factors. 

Our experienced attorneys submit complete and comprehensive waiver applications by thoroughly documenting extreme hardship factors and narrowing down each factor that could impact the family members if the applicant is denied a waiver and admission. 

Why Choose The Bhatia Law Firm, P.C.?

The Bhatia Law Firm, P.C., provides clear guidance throughout the process of all family immigration cases. Our attorneys are passionate, responsive problem-solvers and advocates to protect immigration rights and unite families.

From our office in Arlington, Virginia, we can represent and assist clients in the D.C. metropolitan area and provide virtual consultations throughout the United States. 

Contact our office at (703) 215-3036 to schedule your initial consultation with our knowledgeable legal team.