Brownsville Family & Marriage Visa Lawyer

Family and marriage visas provide a lawful pathway for families to reunite and build a life together in the United States. These visas allow beneficiaries to live, study, and work in the U.S., eventually paving the path to permanent residency and citizenship.

As part of our immigration law practice, The Law Office of Mauricio Garcia guides families through the often complex process of obtaining these visas. Whether your family member is already residing in the United States or is living abroad, our dedicated attorney is here to support you through every step of the application process.

Reserve your free initial consultation with our Brownsville family and marriage visa attorney at (956) 395-3314 or contact us online to get started. Hablamos español.

Available Visas for Spouses & Fiancé(e)s of U.S. Citizens

When it comes to reuniting families, the U.S. immigration system offers specific visas for spouses and fiancés of U.S. citizens:

• Petition for Alien Relative and Form I-485, Application to Register Permanent Residence or to Adjust Status: These forms are used to apply for family-based visas.  
• K-1 Visa: This is for a U.S. citizen's fiancé(e), allowing them to travel to the U.S. to marry within 90 days of arrival. After the marriage, the spouse can apply for permanent residency (a green card) by adjusting their status in the U.S.

Other Visa Options for Family Members of U.S. Citizens & Residents

Beyond spouses and fiancés, the U.S. immigration system recognizes the importance of reuniting U.S. citizens and lawful permanent residents with other close relatives. 

These family members are eligible for visas under the Family Preference category, which includes several types of visas:

• F1 Visas (First Preference): Reserved for U.S. citizens' unmarried sons and daughters and their minor children if they have any.
• F2A and F2B Visas (Second Preference): F2A visas are for spouses and unmarried children (under 21 years of age) of U.S. permanent residents. F2B visas are designated for unmarried sons and daughters (21 years and older) of permanent residents.
• F3 Visas (Third Preference): These are for married sons and daughters of U.S. citizens and their spouses and minor children.
• F4 Visas (Fourth Preference): Allocated for brothers and sisters of U.S. citizens (the citizen must be over 21 years old) and their spouses and minor children.

These Family Preference visas are subject to annual numerical limits, which can result in longer waiting periods for visa availability. Nonetheless, they provide a critical pathway for more extended family members to immigrate to the United States, fostering family unity and support.

Unfortunately, lawful permanent residents do not have the option to petition for K-1 visas for their fiancé(e)s, a privilege that is reserved for U.S. citizens. However, once a permanent resident becomes a U.S. citizen, they access a broader range of family-based visa options, including those for fiancé(e)s and additional family members under the Family Preference categories.

Consular Processing vs. Adjustment of Status

The family-based immigration process differs for family members already residing in the U.S. who need visas as opposed to those who remain in their home countries abroad. 

For applicants physically present in the U.S., adjusting status involves submitting a request to change their current visa status to that of a lawful permanent resident (green card holder) without the need to leave the country. This process is generally faster and allows the applicant to stay in the U.S. while their application is pending. 

Consular processing is for applicants outside the U.S. or those who cannot adjust their status while in the country. This procedure requires the individual to apply for a visa through a U.S. embassy or consulate in their home country. Unlike adjusting status, consular processing entails wait times abroad and may involve a longer processing period due to additional steps such as interviews at the consulate. 

Family-Based Immigration Application Process

The application process begins with the U.S. citizen or permanent resident sponsor filing a petition on behalf of their family member. Detailed documentation proving the family relationship's legitimacy and the applicant's eligibility is required. Once the petition is approved, those applying from abroad will undergo consular processing, while those within the U.S. may be eligible to adjust their status.