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K Visa Attorney
Family Immigration Attorney Explains the K Visa Category
The United States government offers dozens of different types of visas for individuals who hope to travel to and remain in this country, whether temporarily or permanently. The K category includes the K-1, K-2, K-3 and K-4 visas. The K-1 and K-3 visas are for the primary applicant, while the K-2 and K-4 visas are for the eligible children of the applicant. This category of visa makes it possible for the fiancé(e ) or spouse of a United States citizen to travel to this country in order to establish permanent residency and possibly to pursue naturalization and citizenship.
K-1 Visas for Fiancé(e)s of U.S. Citizens
The K-1 visa makes it possible for the foreign-citizen fiancé(e) of a U.S. citizen to enter this country for the purpose of marrying within 90 days of entry. After the K-1 visa holder has married his or her spouse, the next step is to apply for adjustment of status in order to obtain a green card and become a lawful permanent resident. To meet the qualifications of a fiancé(e), you may be required to provide proof that you and your future spouse have met in person at least once within the past two years, as well as other documentation to establish that you have a genuine relationship with the other party.
K-3 Visa for the Spouse of a U.S. Citizen
With a K-3 visa, a foreign national is permitted to enter the United States for the purpose of reuniting with his or her spouse who has already been naturalized as a U.S. citizen. This visa is intended for people who are petitioning for an immigrant visa but who face long wait times before being able to achieve lawful permanent resident status.
An application for a K visa requires considerable documentation, including medical examinations, police certificates, evidence of the relationship between the parties and evidence of the fact that the immigrant will be financially supported upon his or her arrival in the U.S. A Virginia immigration attorney from Fayad Law, P.C. can assist you with every aspect of your application, as well as representing you with the immigration authorities and seeking to resolve any complications as they arise.
Contact our office now to discuss the situation and to let us get started on your case! With offices in Fairfax and Richmond, as well as Washington, DC, we are easily accessible and ready to help you.
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FAQs - FREQUENTLY ASKED QUESTIONS
There are dozens of different types of visas available under the provisions of the Immigration and Nationality Act (INA), but they can all be placed in one of two categories: immigrant and nonimmigrant visas. The former is for individuals who are hoping to establish permanent residency with a green card and perhaps even to pursue the path to naturalization and citizenship. The latter is for those who are only planning a temporary visit to the United States, such as for the purpose of conducting business or attending school.
The INA sets limits on the number of people who will be permitted to immigrate to the United States each year using certain types of visas, while other visas are unlimited. Family immigration visas for the immediate relatives of U.S. citizens are available on an unlimited basis, while there are annual quotas set for the relatives of lawful permanent residents and extended family of citizens, with a maximum quota of 480,000. The number of employment immigration visas is limited to 140,000 per year.
Pathways to citizenship include service in the United States military and adoption, but a large percentage of all people who become citizens do so through the process of naturalization. The basic qualifications for naturalization include:
- Living in the U.S. as a permanent resident for 5 years (or 3 years for a spouse of a U.S. citizen)
- Being at least 18 years of age
- Living within the state where you will apply for citizenship for at least 3 months prior to the application date
- Being physically present in this country for at least half of the past 5 years
- Maintaining continuous residence in this country from the date you submit your application for naturalization
- Being able to read, write and speak English
- Have a basic understanding of U.S. government and civics
It is also necessary to supply evidence that you are a person of good moral character and are attached to the principles of the U.S. Constitution. We can assist you with proving these factors, as well as preparing your petition and helping you get ready for the tests.
In June of 2012, the Obama Administration directed the Department of Homeland Security (DHS) to begin applying a policy that is referred to as Deferred Action for Childhood Arrivals (DACA). Under deferred action, DHS is exercising discretion in its execution of the laws concerning deportation and removal of immigrants who are illegally present in the United States. Deferred action is not a change to the existing law, but is instead a change in the way that the law is being applied. You may qualify for relief under DACA if you were younger than 31 years of age on June 15, 2012, came to the U.S. before your 16th birthday, have continuously resided in this country since June 15, 2007 and are either currently in school or have already graduated from high school or earned your general education development (GED) certificate, among other criteria. With deferred action, you may be able to avoid being deported, though it does not grant any change of immigration status.
In its review of immigrant visa petitions, the U.S. Citizenship & Immigration Services (USCIS) weighs factors related to the ties that the prospective immigrant has in the United States and the reasons why he or she wants or needs to come to live in this country. For example, a family immigration petition will not be approved unless the foreign national has immediate relatives such as a spouse, mother or father, child or sibling already living here as a citizen or green card holder. An employment immigration petition is more likely to receive approval if the applicant has a job offer in this country and is coming to fill a position that cannot reasonably be filled from the local labor market. A foreign national who is fleeing persecution in his or her home country may be granted an immigrant visa as a refugee or asylee.
There are many strategies for challenging a removal action. If the proposed deportation is based on a criminal conviction, it may be possible to appeal the conviction in order to have it overturned. Another option is to petition for cancellation of removal, a type of immigration relief which is available to people who are of good moral character and whose deportation would subject a family member who is a citizen or permanent resident to extreme hardship. The key to success in stopping deportation is to take immediate action by hiring a Virginia immigration attorney from our firm as soon as possible. Contact us now at Fayad Law, P.C. for a confidential consultation and to let us get started on your case!
Fayad Law, P.C. maintains offices in Richmond and Fairfax, Virginia. We work with individuals, families, and businesses across the world, providing them with assistance in resolving the legal issues involved with helping their loved ones and employees to immigrate to the United States. We work directly with foreign nationals living abroad, guiding them through the process of obtaining immigrant and nonimmigrant visas for entry to the U.S.