According to U.S. immigration law, an immigrant visa is a type of visa document allowing a foreign national to enter into the U.S., and eventually apply for lawful permanent residency. Lawful permanent residents are usually given the same rights as natural-born citizens, such as the right to work in the country and the right to pursue citizenship.
Generally speaking, a person who is seeking an immigrant visa must first find another person or organization who will petition them to relocate to the U.S. This is why immigrant visas are most commonly categorized according to the applicant’s relationship to their petitioner.
An example of this would be the following types of immigrant visa categories:
- Family-Based: Examples of the petitioners may include immediate relatives, close family members, fiancés, and other people who are willing to help the applicant receive their visa. Family based visas will be further discussed below;
- Employment-Based: Employers may act as a petitioner in order to petition a worker to relocate permanently to the U.S. It is important to note that for some employment-based immigration visas, work certification may be required. This means that the employer must verify that the person is filling a legitimate employment need; and
- Special Immigrants: An example of special immigrants in a visa context would be religious workers, or applicants who are from selected countries.
Additionally, immigrant visas are characterized by the applicant’s general intent to relocate permanently to the United States. This is in contrast to other types of non-immigrant visas, in which the applicant only intends to stay for a short amount of time, such as student visas or temporary work visas.
As such, an applicant for nonimmigrant status must prove that they do not intend to stay or live permanently in the United States. Additionally, there are other factors that may exclude an applicant from receiving a non-immigrant visa, such as a criminal felony record.
What Is A Family Green Card?
Also known as a permanent resident card, the green card is a document that allows you to reside and work legally within the United States. It is granted to a foreign national after an application has been made to the U.S. Citizenship and Immigration Services. Similar to a visa, it generally requires sponsorship by a U.S. citizen or permanent resident.
You are likely eligible to apply for and receive a green card if you fit into one of several categories, including the family relationship category. Generally speaking, the closer the familial connection with a U.S. citizen or lawful permanent resident, the stronger the likelihood that you will be able to obtain your green card.
There are several subcategories included under the family classification, such as:
- The immediate relative of a U.S. citizen;
- Other family members of U.S. citizens and permanent residents;
- The fiance of a U.S. citizen or their child;
- The widower or widow of a U.S. citizen to whom you were married at the time your spouse died; and
- Violence Against Women Act (“VAWA”) victim. This includes an abused spouse or minor child of a U.S. citizen or lawful permanent resident, or the abused parent of a U.S. citizen.
It is imperative to note that in this category, the VAWA individual can self-petition directly for a green card. This is in contrast to the other family category individuals, which require a sponsor at some point in the two-step process to apply for permanent residency.
According to U.S. immigration law, immediate relatives are identified as the following:
- The spouse of a U.S. citizen;
- Unmarried children, who are under 21 years of age, of a U.S. citizen; or
- The parent of a U.S. citizen who is 21 years of age or older).
If you are a widow or widower, there is a separate process that can allow you to file for a green card. If you are applying for a family based green card but are currently outside of the United States, there is yet another separate process that you will need to follow in your home country.
The family green card category is also known as the family preference category, which means that family members are ranked in order of the priority that visas will be issued. First priority goes to the unmarried minor children of U.S. citizens, while second priority category is further subdivided into two categories:
- The first is for the spouses and unmarried minor children of lawful permanent residents; and
- The second is for the adult unmarried children of lawful permanent residents.
Third priority goes to the married children of U.S. citizens, and fourth priority goes to the siblings of U.S. citizens who are 21 years of age and older.
What Is A K-2 Visa?
K visas are a specific type of family visa, and are for those who are about to be married to a U.S. citizen; or, for those who are already married to a U.S. citizen.
The K-1 visa must be obtained by anyone who is about to be married to a U.S. citizen; meaning, the fiancé of a U.S Citizen. The K-2 visa must then be obtained by the unmarried dependent children of someone who is on a K-1 fiancé visa.
The status of the K-2 visa holder is entirely dependent upon the status of the principal K-1 visa holder. What this means is that if the principal K-1 visa holder fails to get married within 90 days of entering the country, the principal visa holder must return to their home country, as do their dependents that are here on K-2 visas. The other dependent K visa would be the K-4 visa, which is intended for the children of those who are already married to a U.S. Citizen.
In order to qualify for a K-2 visa, you must be:
- Under 21;
- Unmarried; and
- The child of a K-1 visa holder.
If you have a K-2 visa, you may live in the U.S. with your family while your K-1 parent waits to get married. However, while you are in the United States on a K-2 visa, you may not change to any other non-immigrant status.
How Do I Apply For A Green Card Under The Family Category?
There are a number of different forms that you must complete in order to petition for a green card, largely depending on which subcategory under the family category applies to you. Additionally, you will be required to submit the applicable fee with your application.
If you are already in the U.S. on a valid visa, you can apply here in the states. Otherwise, you must visit the U.S. consulate or embassy located in your home country in order to complete the application.
If a sponsor is required, ensure that the sponsor is aware of the proper form and has all of the information and documentation required to complete the application on your behalf. It is imperative that you complete each step accurately and thoroughly, in order to prevent your application being delayed and/or denied.
To reiterate, the application for a green card generally involves a two-step process in the U.S. Your sponsor files a form for petition on your behalf with the USCIS, and then the USCIS will decide whether to approve the immigrant petition.
If the petition is approved and there is a visa available, you will then file an application in order to register or adjust your status to permanent residence. After, a biometric appointment is scheduled and you will receive an in-person interview. A decision is then made on your application.
Do I Need A Lawyer For A K-2 Visa?
If you need help with a visa application, especially a K-2 visa, you should contact an immigration attorney. A lawyer can help you throughout the application process, and will also be able to represent you in court, as needed, should any legal issues arise.
