Law Office of Irwin M. Avelino

U.S. Citizen Petitions His Foreign Wife Who Is Already In the United States and Her Children Who are Abroad

Indian FamilyBecause the laws and procedures in obtaining permanent residency for your family members are so complex, I think it may be very helpful to you if I illustrate the process by way of real-life examples.

Disclaimer. The following is intended only to give you a general idea of the topic.  It is NOT intended to be legal advice. Everyone’s goals and situations are unique. Please consult an attorney to determine which method is best for your specific goals.

Christian, a U.S. citizen, recently married his wife Amy.  While courting Amy, Christian learned that Amy had entered the United States several years ago on a tourist visa and was now out of status.  He also learned that she has children back in her home country.

Attorney Avelino explained to them that although overstaying your tourist visa is never encouraged and illegal, the immigration laws will still allow Amy to adjust her status to a lawful permanent resident based on her marriage to a U.S. citizen as an Immediate Relative as long as she is otherwise admissible.  Since Amy’s children were under the age of eighteen when they got married, Christian can also file petitions for them as their Step-Father.

With the help of Attorney Avelino, they file the family petition and application to adjust status for Amy.  At the same time, they also file family petitions for Amy’s children in their home country.

In a couple months, the couple is scheduled to appear at the adjustment interview at their local USCIS office.  Attorney Avelino prepares them for the interview and they pass the interview without any problems and the officer informs them he is approving their case.

Shortly after the interview, USCIS informs the couple that the immigrant petitions filed for Amy’s kids have also been approved and the approved petitions are being forwarded to the National Visa Center (NVC) for further processing.  With the help of Attorney Avelino, the couple submits all of the required documentation to the NVC and the NVC schedules the children for an interview at the U.S. Embassy closest to where her children live in their home country.

With the help of Attorney Avelino, Amy’s children prepare all the necessary documents they will need to bring to the interview.  They pay the visa application fees and get their medical examinations .  After consulting with Attorney Avelino and their parents on what they can expect at the interview, they go to the interview feeling confident and are approved for their immigrant visas.  Shortly afterwards, their passports with the immigrant visa stamp are delivered to them by courier.

Once all the departure requirements are completed, the children are ready to depart their home country to be reunited with their family in the United States.

Other Real Life Examples for Family Based Petitions