Services in this area include K1 Fiance Visas, Immigrant Petitions for Relatives, Marriages entered while in Removal Proceedings and/or Marriage Fraud Defense
- K-1 Visas – A K-1 visa is available to the fiancé of a US Citizen who seeks to enter the USA to enter into a valid marriage with the visa petitioner. If a K-1 visa is granted the recipient must marry the US Citizen within 90 days of entering the United States. The alien’s children will be allowed to accompany the alien through K-2 visas. The fiancé is also given work authorization upon approval of the K-1 visa. In order to obtain a K-1 visa, a US Citizen must show proof of a true intention to marry within 90 days of the fiance’s entry, there are no legal impediments to marriage, and that the petitioner and fiancé have met in person within two years of filing a petition.
- Adjustment of Status- Noncitizens that are present in the United States may seek a change to permanent resident status if they have legally entered the United States or are the beneficiary of a visa petition filed prior to 2001 under Section 245(i) of the Immigration and Nationality Act. Recent case law has opened the door to many persons who have been “waived through” at the border, whether they entered using their own documents or someone else’s documents. We specialize in helping our clients prove their entries so that they may adjust their status in the US rather than leave and consular process abroad.
- Consular Processing – Consular Processing is the process by which people immigrate from outside the US at a Consulate post or Embassy abroad. This is applicable to persons that are living outside of the US or don’t qualify to adjust their status in the US because they previously entered the US illegally and are not the beneficiary of a 245(i) visa petition. We have helped countless people re-immigrate legally through the consulate abroad in conjunction with waivers (perdones) of inadmissibility for previous immigration violations.
- We have vast experience handling cases where USCIS or ICE have deemed a marriage to be fraudulent. If a noncitizen in removal proceedings and a US citizen wed, the US noncitizen cannot adjust his/her status to permanent resident or have a visa petition for permanent status as a spouse approved unless the couple can show by “clear and convincing evidence….that the marriage was entered into in good faith.” With our background prosecuting marriage fraud cases, we have an edge defending individuals placed into removal proceedings for marriage fraud.