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Family Immigration

YOU BELONG
TOGETHER

We believe that you deserve to live the life you want to live, with the people you love most. At Hawks Villafranca Law we make that happen by helping U.S. citizens and Lawful Permanent Residents apply for green cards for their family members.

A green card gives you lawful permanent residence in the United States, which includes the right to work legally and travel through the United States as well as internationally. After several years as a lawful permanent resident and green card holder, you can apply for U.S. citizenship and further secure your future and the future of your family in the United States.

We advise our clients every day on how they can get green cards for their family and we would love to meet with you to discuss the options for your family.  Call us today for a full case evaluation with Attorney Kalani.

family visas and green cards
frequently asked quesTIons

I’m a U.S. citizen. Can I get a visa or green card for my family members?

U.S. citizens who are at least 21 years old can ask for a green card for their spouse, children, parents, and siblings. Your family member must prove they are eligible for a green card, and their immigration history, criminal history, or other factors will have an impact on their eligibility.

 

I’m A U.S. Lawful Permanent Resident. Can I get a visa or green card for my family members?

Residents can get green cards for their spouse and for their children of any age who are not married.  Your family member must prove they are eligible for a green card, and their immigration history, criminal history, or other factors will have an impact on their eligibility.

How do I know if my family member is eligible for a green card?

A knowledgeable, trusted immigration attorney can help you figure this out. Immigration will look at MANY pieces of information to determine if someone is eligible for a green card. Some of the most common questions are about immigration history, criminal history, and work history in the United States, but many other factors are also included. The U.S. immigration system is very complex and answering a simple question the wrong way could harm your future in the United States.  It is important to work with a knowledgeable, trusted immigration attorney who can properly guide you through your green card application process.

 

How long will it take to get my green card if I am the family member of a U.S. citizen or resident?

Wait time varies greatly depending on if your relative is a citizen or resident and how you are related to that person. Spouses and children of U.S. citizens don’t have to wait in line and can apply immediately for a green card. For everyone else, check here for the current wait times.. Note that these wait times change and your case could take longer or go faster than the current cases.

This chart can be very confusing and hard to navigate on your own. We would love to help guide you through the process. Call us now to schedule a full case evaluation, including a discussion of your eligibility and potential timeline for your case.

I’m engaged to a U.S. citizen. How can I get my green card?

Congratulations! As the fiance of a U.S. citizen you are eligible for a K visa. Your U.S. citizen fiance will apply for your visa. Your children who are under 21 and unmarried can also apply for a visa to come with you.  After your application is approved you will be given a visa for travel to the United States. Once inside the United States you will have 90 days to marry your U.S. citizen fiance. You may then apply for your green card as the spouse of a U.S. citizen.

I’m married to a U.S. citizen. Can I apply for my  green card without having to wait?

Yes! As the spouse of a U.S. citizen you don’t have to wait to apply for your green card. Your application may be submitted immediately, and you will only have to wait for the time it takes USCIS to process the application which can be anywhere from 6 months to 2 years depending on the facts of your case and USCIS workload.

My parent is a U.S. citizen. Can I get my green card without having to wait?

You may already be a U.S. citizen! If you have a U.S. citizen parent it’s possible that you are a U.S. citizen already. Call us today for a full case evaluation and we can determine if you are already a citizen and if so, guide you through the steps to getting your U.S. passport.

If you aren’t already a citizen, and need to apply for your green card, you can do so immediately without having to wait. You will only have to wait for the time it takes USCIS to process the application which can be anywhere from 6 months to 2 years depending on the facts of your case and USCIS workload.

Do I have to leave the United States to get my green card?

Maybe. This is a very important question and the answer depends on your immigration history, work history, and other information specific to you. Some common reasons people must leave to get their green card include illegal entry to the United States, working without a valid work permit, or living in the United States without a valid visa. But not all of these reasons apply to everyone and they may not apply to you.

Only a knowledgeable, trusted immigration attorney can properly answer this question, after a detailed evaluation of your specific case. At Hawks Villafranca Law we answer this question every day for our clients. Call us now for a full case evaluation to learn more about your options.

What happens if I have to leave the United States or if I already live in another country

If you will be applying for your visa outside the United States, Attorney Kalani will help you understand the risks involved and will fully prepare you for success before you leave. You will need to spend several weeks in your home country, which will give you enough time to complete a medical examination, attend your visa interview, and pick up your approved visa for travel to the United States.

The U.S. Department of State website provides more information about what to expect when applying for your immigrant visa outside the United States.

What is a waiver and do I need one?

A waiver is a way to ask for forgiveness from immigration before getting your green card. There are many reasons that someone might need to apply for a waiver, including having lived in the United States without permission, having certain types of criminal history, or having said anything untrue to an immigration official or on an immigration form.

There are many other reasons you might need a waiver and only a knowledgeable, trusted immigration attorney can advise you on what kind of waiver you might need after a care review of your particular case. Call us today to schedule your comprehensive case evaluation and discuss your options for getting a waiver from immigration.

What is the ten year penalty?

The ten-year penalty is a type of punishment given to people who leave the United States after living in the United States for a year or more without permission. If you have lived in the United States for more than a year and have to leave the country for any reason, including to go back to your home country and apply for your green card, you will receive the ten-year penalty once you leave the United States. The good news is that you can apply for a waiver of the ten year penalty BEFORE you leave the United States so that you can wait to leave until after your waiver is granted.

The waiver application for a ten-year penalty is very detailed and it is important that you work with a knowledgeable, trusted immigration attorney who can guide you through this complex process. Call us today for a full case evaluation with Attorney Kalani, who will help you understand your options and any risks that may be involved with your particular case.

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