Family Immigration

Mr. Levine helps his clients get permanent residence (a green card) through a family member who is a U.S. citizen or permanent resident, or through one of the special categories described below. In addition, the fiancé(e) of a U.S. citizen may be eligible to get a nonimmigrant visa (K-1 visa) to come to the U.S. to get married and then to apply for permanent residence.

Find more information about the various family and marriage-based programs below:

Family Petitions
A person may be able to get a green card as an immediate relative or as a family member in a preference category if their U.S. citizen relative files a Form I-130, Petition for Alien Relative. An immediate relative of a U.S. citizen includes:

  • The child (unmarried and under 21 years old) of a U.S. citizen
  • The spouse (husband or wife) of a U.S. citizen
  • The parent of a U.S. citizen (if the U.S. citizen is 21 years or older)

A family member of a U.S. citizen in a preference category includes:

  • An unmarried son or daughter (21 years or older) of a U.S. citizen
  • A married son or daughter (any age) of a U.S. citizen
  • A sibling (brother or sister) of a U.S. citizen

A person may be able to get a green card as a family member in a preference category if their family member files a Form I-130. A family member of a permanent resident in a preference category includes:

  • The spouse (husband or wife) of a permanent resident
  • The child (unmarried and under 21 years old) of permanent resident
  • The unmarried son or daughter (21 years or older) of a permanent resident
Adjustment of Status & Consular Processing
There are two distinct paths through which a person can get a green card. Many family members who are already in the United States may qualify for adjustment of status to permanent residence in the United States, which means they are able to complete their immigrant processing without having to return to their home country. Those relatives outside the United States or those who are not eligible to adjust status in the United States may be eligible for consular processing through a U.S. embassy or consulate abroad that has jurisdiction over their foreign place of residence.
Fiancé(e) (K-1) and K-3 visas
U.S. citizens wishing to bring a foreign national fiancé(e) living abroad to the United States to marry can file a Form I-129F, Petition for Alien Fiancé(e). After the USCIS approves the petition and a U.S. embassy or consulate has issued the fiancé(e) visa (K-1 nonimmigrant visa), the U.S. citizen’s fiancé(e) may enter the United States for 90 days so that the marriage ceremony can take place. Following the marriage, the foreign national may apply for permanent residence and remain in the United States while USCIS processes the application for adjustment of status. Immigration law also allows a U.S. citizen to bring a spouse and his or her spouse’s unmarried, minor children to the United States as nonimmigrants (a K-3 nonimmigrant visa for a spouse and K-4 nonimmigrant visa for minor children) while they are waiting for the processing for permanent residence to be completed. It also allows them to obtain employment authorization while they are waiting.
Special Family Categories
A person may also be eligible to get a green card if he or she:

  • Is a battered child or spouse of a U.S. citizen
  • Obtained V nonimmigrant status as the spouse or child of a permanent resident
  • Is a widow or widower of a U.S. citizen
  • Is born to a foreign diplomat in the United States