IMMIGRATION LAW
Family and Citizenship
Family-based immigration and citizenship allow U.S. citizens and lawful permanent residents to reunite with loved ones by sponsoring them for visas or green cards. This process strengthens families and provides a pathway to stability and opportunity in the United States. At McGuire Law, family immigration is our expertise—we are passionate about bringing families together and guiding people from all over the world toward achieving the American dream through permanent residency and, ultimately, U.S. citizenship.
Deportation Defense
Consular Processing
Business Immigration
Vulnerable Populations
Family & Citizenship
Family and Citizenship
Family-based immigration is a cornerstone of the U.S. immigration system, designed to reunite families by allowing U.S. citizens and lawful permanent residents (green card holders) to sponsor certain relatives for immigration. This category of immigration is divided into two main groups: immediate relatives and family preference categories. Immediate relatives include spouses, unmarried minor children, and parents of U.S. citizens, and they are not subject to annual numerical limits. The family preference categories, however, are subject to annual caps and include adult children and siblings of U.S. citizens, as well as spouses and unmarried children of green card holders. Because of these limits, applicants in preference categories often face long waiting periods, especially those from countries with high demand like Mexico, India, and the Philippines.
Family-based immigration has long been a topic of political debate in the U.S., with some policymakers advocating for a shift toward a more merit-based system that emphasizes skills and education. Proponents of family-based immigration argue that strong family support systems help immigrants integrate more successfully into American society and contribute to economic stability. Critics, however, often label it as “chain migration” and argue that it can lead to unchecked population growth and strain public resources. Despite these debates, family ties continue to serve as a fundamental pathway for immigration to the United States, reflecting the country’s historical commitment to keeping families together.
The Immigration Process
For many people, the immigration process is a complicated and confusing ordeal. There are a lot of different rules and regulations that can make the process seem overwhelming. This is especially true for those who are trying to immigrate to the United States from another country. These complications can include:
- Sponsoring a family member for residency can be a complicated and bureaucratic process.
- Filling out the correct forms, gathering the correct documents, and ensuring that everything is in order can be overwhelming and confusing.
- There are many different steps in the immigration process, and if something is done incorrectly or left out, it can delay or even halt the process.
- Inadmissibility grounds prohibit a foreign national from applying for status in a family-based category. Many times, determining whether inadmissibility grounds apply takes careful legal analysis.
- Applications based on marriage to a United States citizen are subject to scrutiny because of the existence of marriage fraud cases. Couples wanting to legalize the status of their spouse in the United States are required to prove that the relationship is bona fide through documentation and testimony. It can be tricky to determine the type of evidence necessary to meet the burden of proof in these types of cases.
While applicants are not required to hire counsel to assist in any immigration matter, when family unity is at stake, it is prudent to seek the professional assistance of a reputable attorney.
ADJUSTMENT OF STATUS AND CONSULAR PROCESSING
The adjustment of status process is a way for certain individuals already in the United States to apply for lawful permanent resident status, commonly known as a green card, without having to return to their home country. This process is typically used by people who are eligible for a green card through family, employment, or other special categories. To begin, the applicant must have an approved immigrant petition (such as Form I-130, Petition for Alien Relative, or I-140, Petition for Alien Worker) and a visa must be available in their category. They then file Form I-485, Application to Adjust Status to Lawful Permanent Resident, with U.S. Citizenship and Immigration Services (USCIS). After submission, the applicant attends a biometrics appointment and may be required to go to an interview. If the application is approved, the individual becomes a lawful permanent resident and receives a green card, allowing them to live and work permanently in the United States.
Not everyone is eligible for adjustment of status. You must meet certain requirements to qualify. For example, generally you must have entered the country legally with a valid visa, and you must not have overstayed your visa. You must also be able to demonstrate that you are not inadmissible to the United States for any reason. Criminal activity, such as drug offenses or crimes involving moral turpitude, can make a person inadmissible to the United States by showing they pose a threat to public safety. Similarly, immigration violations like unlawful entry, overstaying a visa, or previous deportation can also lead to inadmissibility, preventing a person from obtaining a visa or green card.
Adjustment of status and consular processing are two different pathways for obtaining a green card (lawful permanent residence) in the United States. Adjustment of status is used by individuals who are already physically present in the U.S. and want to apply for a green card without leaving the country. This process is handled by U.S. Citizenship and Immigration Services (USCIS). It typically involves submitting Form I-485, attending a biometrics appointment, and possibly an interview. One key benefit of adjustment of status is that applicants can often remain in the U.S. with work and travel authorization while their case is pending.
Fiance/ee Visa
The fiancé(e) visa, also known as the K-1 visa, allows a U.S. citizen to bring their foreign fiancé(e) to the United States for the purpose of getting married. To qualify, the couple must have met in person within the past two years (with some exceptions) and intend to marry within 90 days of the fiancé(e)’s arrival in the U.S. Once married, the foreign spouse can apply for adjustment of status to become a lawful permanent resident (green card holder). The K-1 visa process involves filing a petition with U.S. Citizenship and Immigration Services (USCIS), undergoing a background check and medical exam, and attending an interview at a U.S. embassy or consulate abroad before the visa is issued.
To be granted a fiancé(e) (K-1) visa, both the U.S. citizen petitioner and the foreign fiancé(e) must provide several important documents throughout the application process. These typically include proof of the petitioner’s U.S. citizenship (such as a passport or birth certificate), a completed Form I-129F, Petition for Alien Fiancé(e), and evidence of the couple’s relationship, like photos, travel records, and communication history. The foreign fiancé(e) will also need a valid passport, a completed visa application form (DS-160), police clearance certificates, a medical exam report from an authorized physician, and proof of the intent to marry within 90 days of arriving in the U.S. Additionally, both parties may be asked to provide sworn statements of their intent to marry and evidence that they have met in person within the past two years, unless a waiver is granted.
Your fiance will then need to complete an interview at the consulate or embassy. During this interview, a consular officer will determine whether your relationship is genuine and whether your fiance is eligible for a visa. If the consular officer approves the visa, your fiance will be issued a K-1 visa. This visa allows them to travel to the United States for the purpose of getting married. The fiance visa process can be complex, but it is possible to obtain a visa if you follow all the necessary steps.
Removal of Conditions on Residency
The Form I-751, Petition to Remove Conditions on Residence, is a critical step for certain individuals who obtained lawful permanent resident (LPR) status through a family-based petition—specifically through marriage to a U.S. citizen or lawful permanent resident. When a noncitizen spouse receives a green card based on a marriage that is less than two years old at the time of approval, they are granted conditional permanent resident status, valid for only two years. To maintain permanent resident status and avoid removal, the couple must jointly file Form I-751 within the 90-day period before the conditional green card expires. This petition is meant to demonstrate that the marriage was entered into in good faith and not solely for immigration benefits. Supporting documentation such as joint financial records, lease agreements, birth certificates of shared children, photos, and affidavits from friends and family is essential to prove the legitimacy of the marriage.
In cases where the couple is no longer married, or the U.S. citizen or LPR spouse is abusive or deceased, the conditional resident may request a waiver of the joint filing requirement. These waivers are available for individuals who entered the marriage in good faith but the marriage ended in divorce or annulment, for those who experienced battery or extreme cruelty, or for those who would suffer extreme hardship if removed. USCIS evaluates the evidence submitted with Form I-751 very closely, and interviews are often required. If the petition is denied, the conditional resident may be placed in removal proceedings, where they may renew the I-751 request before an immigration judge. Thus, filing Form I-751 correctly and on time, with adequate supporting documentation, is vital to preserving the path to full permanent residency through a family-based immigration process.
Citizenship/Naturalization
Naturalization is the legal process through which a foreign national becomes a citizen of the United States. It is an important step for lawful permanent residents (green card holders) who meet certain eligibility criteria and wish to fully integrate into American society. The process involves several stages and culminates in taking the Oath of Allegiance to the United States.
To apply for naturalization, an individual must meet specific requirements outlined by U.S. Citizenship and Immigration Services (USCIS). The basic eligibility criteria include being at least 18 years old, having lawful permanent resident status for at least five years (or three years if married to a U.S. citizen), demonstrating continuous residence and physical presence in the U.S., showing good moral character, and having basic knowledge of U.S. history and government (civics), as well as proficiency in English.
The application process begins with filing Form N-400, Application for Naturalization. This form can be submitted online or by mail. Along with the form, applicants must provide supporting documents and pay the applicable fee. Once the application is received, USCIS schedules a biometrics appointment for fingerprinting and background checks. Following this, the applicant is interviewed by a USCIS officer, during which they are tested on their English skills and knowledge of civics and U.S. history. If the interview is successful, the applicant is scheduled for a naturalization ceremony, where they take the Oath of Allegiance and officially become a U.S. citizen.
Becoming a U.S. citizen through naturalization offers numerous benefits. One of the most significant is the right to vote in federal, state, and local elections, allowing individuals to have a voice in the democratic process. Citizens can also apply for federal jobs, many of which require U.S. citizenship, and are eligible to run for elected office. In addition, U.S. citizens can obtain a U.S. passport, which grants the ability to travel freely and receive assistance from U.S. embassies and consulates abroad.
Family reunification is another key benefit. Citizens can petition for a broader range of family members, including parents, siblings, and married children, often with shorter waiting times compared to permanent residents. Furthermore, children under 18 may automatically become citizens when a parent naturalizes, depending on specific conditions.
Family & Citizenship
Family and Citizenship
Family-based immigration is a cornerstone of the U.S. immigration system, designed to reunite families by allowing U.S. citizens and lawful permanent residents (green card holders) to sponsor certain relatives for immigration. This category of immigration is divided into two main groups: immediate relatives and family preference categories. Immediate relatives include spouses, unmarried minor children, and parents of U.S. citizens, and they are not subject to annual numerical limits. The family preference categories, however, are subject to annual caps and include adult children and siblings of U.S. citizens, as well as spouses and unmarried children of green card holders. Because of these limits, applicants in preference categories often face long waiting periods, especially those from countries with high demand like Mexico, India, and the Philippines.
Family-based immigration has long been a topic of political debate in the U.S., with some policymakers advocating for a shift toward a more merit-based system that emphasizes skills and education. Proponents of family-based immigration argue that strong family support systems help immigrants integrate more successfully into American society and contribute to economic stability. Critics, however, often label it as “chain migration” and argue that it can lead to unchecked population growth and strain public resources. Despite these debates, family ties continue to serve as a fundamental pathway for immigration to the United States, reflecting the country’s historical commitment to keeping families together.
The Immigration Process
For many people, the immigration process is a complicated and confusing ordeal. There are a lot of different rules and regulations that can make the process seem overwhelming. This is especially true for those who are trying to immigrate to the United States from another country. These complications can include:
- Sponsoring a family member for residency can be a complicated and bureaucratic process.
- Filling out the correct forms, gathering the correct documents, and ensuring that everything is in order can be overwhelming and confusing.
- There are many different steps in the immigration process, and if something is done incorrectly or left out, it can delay or even halt the process.
- Inadmissibility grounds prohibit a foreign national from applying for status in a family-based category. Many times, determining whether inadmissibility grounds apply takes careful legal analysis.
- Applications based on marriage to a United States citizen are subject to scrutiny because of the existence of marriage fraud cases. Couples wanting to legalize the status of their spouse in the United States are required to prove that the relationship is bona fide through documentation and testimony. It can be tricky to determine the type of evidence necessary to meet the burden of proof in these types of cases.
While applicants are not required to hire counsel to assist in any immigration matter, when family unity is at stake, it is prudent to seek the professional assistance of a reputable attorney.
Adjustment of Status and Consular Processing
The adjustment of status process is a way for certain individuals already in the United States to apply for lawful permanent resident status, commonly known as a green card, without having to return to their home country. This process is typically used by people who are eligible for a green card through family, employment, or other special categories. To begin, the applicant must have an approved immigrant petition (such as Form I-130, Petition for Alien Relative, or I-140, Petition for Alien Worker) and a visa must be available in their category. They then file Form I-485, Application to Adjust Status to Lawful Permanent Resident, with U.S. Citizenship and Immigration Services (USCIS). After submission, the applicant attends a biometrics appointment and may be required to go to an interview. If the application is approved, the individual becomes a lawful permanent resident and receives a green card, allowing them to live and work permanently in the United States.
Not everyone is eligible for adjustment of status. You must meet certain requirements to qualify. For example, generally you must have entered the country legally with a valid visa, and you must not have overstayed your visa. You must also be able to demonstrate that you are not inadmissible to the United States for any reason. Criminal activity, such as drug offenses or crimes involving moral turpitude, can make a person inadmissible to the United States by showing they pose a threat to public safety. Similarly, immigration violations like unlawful entry, overstaying a visa, or previous deportation can also lead to inadmissibility, preventing a person from obtaining a visa or green card.
Adjustment of status and consular processing are two different pathways for obtaining a green card (lawful permanent residence) in the United States. Adjustment of status is used by individuals who are already physically present in the U.S. and want to apply for a green card without leaving the country. This process is handled by U.S. Citizenship and Immigration Services (USCIS). It typically involves submitting Form I-485, attending a biometrics appointment, and possibly an interview. One key benefit of adjustment of status is that applicants can often remain in the U.S. with work and travel authorization while their case is pending.
Consular processing, on the other hand, is used by individuals who are outside the United States or who choose to complete their green card application through a U.S. embassy or consulate abroad. After their immigrant petition is approved and a visa is available, the applicant attends an interview at the consulate in their home country. If approved, they receive an immigrant visa and can travel to the U.S., where they are officially admitted as a permanent resident. Consular processing may be a good option for you if you are currently outside the United States or require time to finish your affairs in your home country, it involves international travel and can be riskier if complications arise during the interview. The choice between the two processes depends on the applicant’s location, immigration history, and personal circumstances.
In family-based immigration, adjustment of status allows an eligible individual already in the U.S. to apply for permanent residency without leaving the country. Consular processing, on the other hand, requires the applicant to complete the visa process at a U.S. embassy or consulate abroad before entering the United States as a permanent resident.
Fiance/ee Visa
The fiancé(e) visa, also known as the K-1 visa, allows a U.S. citizen to bring their foreign fiancé(e) to the United States for the purpose of getting married. To qualify, the couple must have met in person within the past two years (with some exceptions) and intend to marry within 90 days of the fiancé(e)’s arrival in the U.S. Once married, the foreign spouse can apply for adjustment of status to become a lawful permanent resident (green card holder). The K-1 visa process involves filing a petition with U.S. Citizenship and Immigration Services (USCIS), undergoing a background check and medical exam, and attending an interview at a U.S. embassy or consulate abroad before the visa is issued.
To be granted a fiancé(e) (K-1) visa, both the U.S. citizen petitioner and the foreign fiancé(e) must provide several important documents throughout the application process. These typically include proof of the petitioner’s U.S. citizenship (such as a passport or birth certificate), a completed Form I-129F, Petition for Alien Fiancé(e), and evidence of the couple’s relationship, like photos, travel records, and communication history. The foreign fiancé(e) will also need a valid passport, a completed visa application form (DS-160), police clearance certificates, a medical exam report from an authorized physician, and proof of the intent to marry within 90 days of arriving in the U.S. Additionally, both parties may be asked to provide sworn statements of their intent to marry and evidence that they have met in person within the past two years, unless a waiver is granted.
Your fiance will then need to complete an interview at the consulate or embassy. During this interview, a consular officer will determine whether your relationship is genuine and whether your fiance is eligible for a visa. If the consular officer approves the visa, your fiance will be issued a K-1 visa. This visa allows them to travel to the United States for the purpose of getting married. The fiance visa process can be complex, but it is possible to obtain a visa if you follow all the necessary steps.
Removal of Conditions on Residency
The Form I-751, Petition to Remove Conditions on Residence, is a critical step for certain individuals who obtained lawful permanent resident (LPR) status through a family-based petition—specifically through marriage to a U.S. citizen or lawful permanent resident. When a noncitizen spouse receives a green card based on a marriage that is less than two years old at the time of approval, they are granted conditional permanent resident status, valid for only two years. To maintain permanent resident status and avoid removal, the couple must jointly file Form I-751 within the 90-day period before the conditional green card expires. This petition is meant to demonstrate that the marriage was entered into in good faith and not solely for immigration benefits. Supporting documentation such as joint financial records, lease agreements, birth certificates of shared children, photos, and affidavits from friends and family is essential to prove the legitimacy of the marriage.
In cases where the couple is no longer married, or the U.S. citizen or LPR spouse is abusive or deceased, the conditional resident may request a waiver of the joint filing requirement. These waivers are available for individuals who entered the marriage in good faith but the marriage ended in divorce or annulment, for those who experienced battery or extreme cruelty, or for those who would suffer extreme hardship if removed. USCIS evaluates the evidence submitted with Form I-751 very closely, and interviews are often required. If the petition is denied, the conditional resident may be placed in removal proceedings, where they may renew the I-751 request before an immigration judge. Thus, filing Form I-751 correctly and on time, with adequate supporting documentation, is vital to preserving the path to full permanent residency through a family-based immigration process.
Citizenship/Naturalization
Naturalization is the legal process through which a foreign national becomes a citizen of the United States. It is an important step for lawful permanent residents (green card holders) who meet certain eligibility criteria and wish to fully integrate into American society. The process involves several stages and culminates in taking the Oath of Allegiance to the United States.
To apply for naturalization, an individual must meet specific requirements outlined by U.S. Citizenship and Immigration Services (USCIS). The basic eligibility criteria include being at least 18 years old, having lawful permanent resident status for at least five years (or three years if married to a U.S. citizen), demonstrating continuous residence and physical presence in the U.S., showing good moral character, and having basic knowledge of U.S. history and government (civics), as well as proficiency in English.
The application process begins with filing Form N-400, Application for Naturalization. This form can be submitted online or by mail. Along with the form, applicants must provide supporting documents and pay the applicable fee. Once the application is received, USCIS schedules a biometrics appointment for fingerprinting and background checks. Following this, the applicant is interviewed by a USCIS officer, during which they are tested on their English skills and knowledge of civics and U.S. history. If the interview is successful, the applicant is scheduled for a naturalization ceremony, where they take the Oath of Allegiance and officially become a U.S. citizen.
Becoming a U.S. citizen through naturalization offers numerous benefits. One of the most significant is the right to vote in federal, state, and local elections, allowing individuals to have a voice in the democratic process. Citizens can also apply for federal jobs, many of which require U.S. citizenship, and are eligible to run for elected office. In addition, U.S. citizens can obtain a U.S. passport, which grants the ability to travel freely and receive assistance from U.S. embassies and consulates abroad.
Family reunification is another key benefit. Citizens can petition for a broader range of family members, including parents, siblings, and married children, often with shorter waiting times compared to permanent residents. Furthermore, children under 18 may automatically become citizens when a parent naturalizes, depending on specific conditions.
Naturalization symbolizes a long-term commitment to the United States and its values. It allows individuals to fully participate in civic life and enjoy the full rights and responsibilities of citizenship. While the process requires preparation and dedication, the rewards—legal security, political participation, and expanded opportunities—make it a worthwhile endeavor for eligible immigrants who seek to make the U.S. their permanent home.