Houston Family-Based Immigration Attorney
Adjustment of Status Based on Marriage to a U.S. Citizen
The U.S. immigration process allows individuals to obtain permanent resident status through a procedure referred to as adjustment of status. Adjustment of status can be based upon marriage to a U.S. citizen. Additionally, there are other options that families in Houston may have available to become united with their loved ones. By working with a Houston family-based immigration lawyer from Serrano Law Firm PLLC, you can increase your chances of a positive outcome.
The compassionate legal team at Serrano Law Firm PLLC understands how deeply personal immigration is, especially when it has to do with your family. Whether you need to sponsor a child, spouse, parent, or fiancé, we can help you bring your loved ones to Texas or keep them with you at home in Houston. We understand just how essential family-based immigration services are for the community of Houston.
Houston’s Family Demographics Reflect Strong Demand for Immigration Services
The city of Houston is built on the legacies of families, and particularly immigrant families. According to data from the 2023 American Community Survey, children under the age of 18 make up roughly 23.2% of the population in Houston, which shows clear signs that Houston is well-rooted in family life.
Houston has an average family size of 3.19 people, which is slightly bigger than the Texas average. Family-based immigration services in Houston are essential to keep families together and to ensure a bright and secure future in the United States.
Furthermore, 42.4% of the adult population in Houston has never been married, indicating a large group of individuals who may need to look for opportunities that allow them to sponsor fiances or spouses through legal immigration processes. From helping children reunite with their parents to assisting newlyweds with securing green cards, Serrano Law Firm PLLC can provide important services to support Houston’s evolving and growing families.
Applying for Adjustment of Status
A foreign national physically present in the United States after being inspected and admitted or inspected and paroled into the United States and married to a U.S. citizen can apply for adjustment of status to become a permanent resident.
If all requirements are met, the family petition and green card application can be filed concurrently. That is, a family petition is filed by the U.S. citizen spouse on behalf of the spouse intending to obtain permanent residency (beneficiary) at the same time that an application to obtain immigrant status (Green Card) is filed.
While the case is pending with United States Citizenship and Immigration Services (USCIS) the beneficiary does not have to depart the U.S.
However, if the beneficiary is eligible and wants to leave the U.S. while the case is pending, an advance parole document must be approved prior to the departure so that the person can return from abroad after travel to continue the adjustment of status process.
Also, the beneficiary can apply for a temporary employment authorization document commonly referred to as a work permit. This permit is valid while the adjustment of status process is pending and can be renewed if necessary. Here at Serrano Law Firm we help clients with family-based immigration cases and family-based immigration visas.
There are several key factors that USCIS will consider in reviewing a case for adjustment of status based on marriage to a U.S. citizen. First, the marriage must be real. USCIS will conduct a thorough review and interview both parties to determine if the marriage is bona fide and not entered into to circumvent the immigration laws.
The marriage must not have been entered into solely for purposes of obtaining an immigration benefit. To establish a bona fide marriage, the U.S. citizen spouse and beneficiary must show that the couple engages in activities and norms customary of a real marriage.
For example, the couple can demonstrate this by providing proof of joint assets and liabilities such as joint tax returns, bank accounts, credit cards, joint properties, lease agreements, joint businesses, joint bills, utilities, insurance and joint parentage. Another factor USCIS will consider is if the beneficiary is admissible.
An applicant for permanent resident status can be inadmissible for so many reasons including criminal history, medical issues, previous immigration violations, committing fraud, or being a public charge. Inadmissibility can be a very complex area of the law and an experienced immigration attorney should be consulted to review prior to filing.
Permanent Residence Based on Marriage to a Permanent Resident
The immigration process also allows U.S. permanent residents to file a family petition on behalf of a foreign national spouse. However, a key distinction from marriage to a U.S. citizen, a beneficiary of a petition filed by a permanent resident must wait for a visa number to be available according to the numerical visa limit.
Each year a designated number of visas are allocated for different family petition categories. Because of the limited number of visas and the high number of petitions the wait time can be lengthy. All the while, the beneficiary must remain outside of the U.S. until granted an immigrant visa or if in the U.S., the person must maintain a lawful non-immigrant status unless an exception applies.
If you are married to a U.S. citizen or planning to get married to a U.S. citizen and seeking to obtain permanent resident status, let us thoroughly analyze your case and answer any questions or concerns. Undoubtedly, this process is complex and now more than ever, any little error can lead to an unpleasant result or even additional immigration consequences. With hundreds of cases in experience, we are the right attorneys you deserve to have on your side. Call the immigration lawyers at Serrano Law Firm for your consultation today.
Why Local Experience Matters in Houston Family Immigration Cases?
Although there are federal laws dictating family immigration processes, their application can vary depending upon your location. Therefore, it’s highly recommended to work with a Houston-based immigration lawyer who understands the local laws and their context. At Serrano Law Firm PLLC, we understand the processes at the Houston USCIS Field Office, their interview procedures, and what documentation USCIS officers typically look for.
Additionally, we have a deep understanding of the linguistic and cultural diversity in the Houston area, which makes our area unique. Having one of the highest rates of foreign-born populations across the country, as well as a rapid growth in the metro area, the immigration needs in Houston are quickly evolving and always highly complex. We have helped our clients navigate the following:
- Green card interview preparation for spouses in mixed immigration status marriages.
- Reuniting parents abroad with their children who are already located in the United States.
- Helping fiancées get K-1 visas as well as navigate the adjustment of status upon marriage.
- Addressing unlawful presence or inadmissibility issues by filing provisional waivers.
We can also help Houstonians with future planning for their younger family members. Whether that means removing conditions from marriage-based green cards, applying for reentry permits, or assisting children with becoming lawful permanent residents as they move into adulthood. By working with our local and compassionate team, you can benefit not only from efficiency and excellence but also peace of mind.
FAQs
Q: What Does Family-Based Immigration Mean?
A: A foreign national must meet certain requirements in order to be eligible to apply for an immigration visa they must be sponsored by a close relative who is at least 21 years old, a citizen of the United States, or a lawful permanent resident of the United States (that is, a green-card holder). As a general rule, the family-based immigration process typically starts with a sponsor filing Form I-130 for the establishment of the qualifying family relationship.
Q: What Does the Priority Date Mean for US Immigration?
A: The date your relative or employer properly filed the immigrant visa petition on your behalf with USCIS is typically considered your priority date. The immigrant visa petition is usually Form I-130 or Form I-140. The priority date determines your visa position when it comes to categories that are subject to annual caps.
Except for immediate relatives of U.S. citizens, family-based immigration applicants may need to wait for their priority date to become current before things can move forward.
Q: Can I Sponsor Someone for a Green Card Through Family-Based Immigration in Houston?
A: Whether you can sponsor someone for a green card through family-based immigration in Houston depends on whether you are a U.S. citizen or a green card holder. U.S. citizens are able to sponsor their spouses, children, parents, and siblings. However, green card holders can sponsor their unmarried children and spouses. All categories come with specific rules for eligibility, processes, and periods of waiting, which is why it’s worth speaking with a knowledgeable immigration attorney about the process.
Q: What Is the Adjustment of Status Process in Houston?
A: The adjustment of status process in Houston allows certain family members who are eligible and already located in the United States to apply for a green card without having to leave the country first. If you are located in Houston, an adjustment of status interview could take place at the Houston USCIS Field Office.
By working with an experienced attorney, you can ensure your documentation is accurately filled out and submitted.
Q: Can I Bring My Fiancé to the U.S. From Another Country While Living in Houston?
A: Yes, you can bring your fiancé from another country to the US while living in Houston by applying for a K-1 fiancé visa. This allows your partner to enter the United States so that you can get married to them within a 90-day period. After getting married, you can go through the adjustment of status process in Houston to apply for a conditional green card for your spouse.
A seasoned local immigration lawyer can help you navigate the process.
Keep Your Family Together – Contact a Houston Immigration Lawyer Today
At Serrano Law Firm PLLC, we understand that family is everything and are ready to ensure that you are kept together with your loved ones. Whether you need to prepare for your marriage-based green card interview, sponsor your fiancé, or address a complicated waiver challenge, a Houston immigration lawyer from our firm can assist you in finding solutions that meet your goals.
Contact us today to schedule a consultation with our team, so that we can apply our understanding of the local landscape and federal immigration law to your case.
ES