At Anna Korneeva Law we handle various
immigration cases
- Marriage to a U.S. Citizen
- Sponsorship of family members
- Fiancées
- Becoming a naturalized U.S. citizen
- Violence Against Women’s Act
- Consular processing
- Widows
we will do it together
Chances are you are interested in moving to the United States with at least one family member, or you are a US citizen bringing someone into the country. Many people do, whether it’s a spouse, a child or children, or even a parent or sibling. Each family member must complete the immigration application process, even if they are travelling with you. At The Law Firm of Anna Korneeva, our family immigration lawyer can help you and your family pursue lawful immigration pathways.
When you’re ready, schedule a consultation with our family immigration law firm to discuss how we can help you and your family move into the United States. We are ready to help and can answer all your questions.
The relationship between you, the primary immigrant, and your family member determines the preference category of your case.
A limited number of each type of immigrant visa is available. They are processed in the order in which the petitions are correctly filed and subsequently accepted by USCIS. That is, the petition is fully completed, signed, and accompanied by the correct filing fee. The Department of State issues a monthly visa bulletin indicating which petitions are eligible to receive visas.
Whether you’re a U.S. citizen, a green card holder, a permanent resident, or other type of immigrant, a family immigration attorney can explain your options and help you find the best immigration pathway for your family members.
Whether you’ve already married a foreign national or have met one you want to marry, you can bring them into the US. The way it happens depends on whether that person is a spouse or fiancé/fiancée.
If you and your spouse are already married, as a US citizen, you’ll need to file a Lawful Permanent Resident (LPR) Form I-130, Petition for Alien Relative, to bring your spouse into the US. Because the spouse of a US citizen is considered an “immediate relative,” this visa is always available.
The spouse will be considered a “permanent resident” from day one with a green card and the ability to work and travel. However, if you and your spouse have been married less than two years, they will receive Conditional Permanent Residence (CR1). Both parties need documentation to show that the marriage is valid, such as photos, shared leases, joint bank statements, etc. Depending on the spouse’s location, the petition approval and consular interview can take anywhere from 10 to 24 months.
If you’re a US citizen who is planning to marry a foreign national but haven’t yet, you’ll need a K-1, or Fiancé Visa, to bring your intended spouse into the US. For starters, you will need to show that you have met this individual at least once in person within two years of your application. You’ll also need to document your relationship and genuine intent to marry with proof such as travel itineraries, communication logs, photographs, and affidavits.
K-1 visas usually take longer than a spouse visa. A solid case strategy for a K-1 visa can bring a couple together quickly in the US with a nonimmigrant visa. However, the couple must marry within 90 days of admission to apply for and receive a green card. After arriving in the US, the couple must follow strict guidelines for getting married and the subsequent legal process. Once married, the foreign national spouse can apply for an adjustment of status to begin the process of becoming a lawful permanent resident.
For both types of visas, immigration officials examine all documents closely to prevent “sham” or fraudulent marriages.
Bringing family members to the US by a US citizen or permanent resident starts with Form I-130, Petition for Alien Relative. The sponsor’s status, the family member’s age, relationship, and marital status will determine how and when they are brought to the U.S.
With any petition for family immigration, the petitioner must show both proof of all required immigration statuses and the qualifying family relationship. This includes birth certificates for both the petitioner and a family member, showing the biological relationship.
Children born to unmarried parents can immigrate through their mother. However, immigration through the father requires proof of the relationship, or legal legitimization before the child’s 21st birthday.
These children are treated the same as biological children for immigration. The child must be legally adopted before he or she turns 16, and the parents must reside with the child for 2 years before he or she turns 21.
This option is only available to US citizens. This specialized, non-Hague intercountry adoption pathway is to bring orphaned children into the US. Prospective adoptive parents must show USCIS that they are both eligible and suitable to adopt the orphan. The child must also meet the definition of “orphan,” including a lack of parental care due to the abandonment, disappearance, or death of both parents.
Once adoptive parents have identified an orphan to classify as an “immediate relative,” they must use Form I-600A for advance processing and Form I-600 to complete the process.
The USCIS has additional information on its website about bringing children and other relatives into the US as permanent residents.
A brother, sister, and other extended family members fall into categories with longer wait times.
U.S. citizens can sponsor their brothers and sisters for permanent residency, but lawful permanent residents with green cards cannot. This is due to the family preference system that limits eligibility based on the petitioner’s status. This relationship is under the Fourth Preference (F4) category.
The brother or sister can be married or unmarried, as long as the US citizen sponsor is over 21.
Because it is not a direct relationship as a spouse or child is, a US citizen cannot sponsor their in-laws. Only their own children can once they are over 21 and become US citizens.
Once a child turns 21, they legally become a “son” or a “daughter.” Their marital status is a determining factor in their immigration status, as “married” and “unmarried” are distinct immigration categories.
U.S. citizens retain the right to sponsor both married and unmarried sons and daughters. Changes in marital status change the category but do not terminate the petition.
Lawful permanent residents (LPRs) can successfully petition unmarried sons and daughters. However, if their marital status changes to “married,” they lose all eligibility under an LPR sponsor. Because there is no category for married children of LPRs, the petition is automatically revoked.
Timing is also an issue with sons and daughters:
If an individual marries during the waiting period, their status changes:
The family immigration process requires a specific legal sequence to transition a foreign national from an applicant to a lawful permanent resident. The timeline begins when a sponsoring U.S. citizen or lawful permanent resident files Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This establishes the legal basis for the next step in the process: the applicant’s priority date upon receipt of the form.
For someone already in the United States, the primary method to claim immigrant status is through adjustment of status. This is done by filing Form I-485, Application to Register Permanent Residence or Adjust Status. To use this pathway, the individual must have entered the country legally, with inspection, and remained in lawful nonimmigrant status.
An exception is the immediate relatives of US citizens who have overstayed a tourist or student visa. While they are usually forgiven, they can adjust their status while still in the country, provided that their initial entry was legal.
If the sponsor is a U.S. citizen and the beneficiary is an immediate relative residing in the U.S., they can file both the I-130 petition and the I-485 adjustment application at the same time.
Filing an adjustment of status application allows an individual to stay in the US while USCIS reviews their case and application. This includes a background check, a biometric screening (fingerprints, photos), and an in-person interview at a local USCIS field office.
If the application is successful and approved by the officer, the individual’s status is automatically changed to lawful permanent residency.
Permanent residence status is a lifelong legal status granted by the US Government to a foreign national. It signifies that the individual is no longer a visitor or guest, is now a lawful member of the community, and has authorization to live in the country indefinitely.
The physical green card, known as a Permanent Resident Card (Form I-551), will be issued shortly thereafter. The green card serves as the tangible, government-backed proof that the holder has successfully attained lawful permanent residency. This card is the official identification and proof of permanent residency, including the right to live, work, and travel within the United States.
Successfully obtaining a green card and securing permanent residency brings benefits, such as:
To maintain permanent residency status, an individual must comply with federal laws or risk losing their status. This includes:
Maintaining permanent residency status for five years, or three years if married to a US citizen, makes one eligible for naturalization and citizenship. Once a person acquires U.S. citizenship, they can begin sponsoring family members for their own permanent residence journey.
Navigating complex immigration laws requires strategic planning and precise timing. Securing the guidance of an experienced Cincinnati family immigration lawyer ensures your petitions are filed correctly, avoiding costly delays or administrative denials.
Immigration procedures involve strict deadlines and heavily scrutinized documentation. Working with a dedicated family immigration attorney provides essential protections for your family’s future:
Every family’s immigration journey is unique, and a single mistake can derail your timeline for years. Don’t let that happen to you. Get the help you need to ensure that your family’s immigration is done correctly.
Contact The Law Firm of Anna Korneeva today to schedule an initial consultation with a skilled family immigration attorney. This proactive step gives you a clear, actionable roadmap toward securing a green card and permanent residency for your loved ones. Call us at 513-995-1724 or contact us online to schedule your first consultation with your family. The Law Firm of Anna Korneeva is licensed to serve clients in Ohio and Kentucky.
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