At Camino Law, our family immigration lawyers in North Carolina understands family-based immigration law and how it can impact families and communities. We help our clients and their family members meet deadlines and file immigration petitions that are completed timely, properly, and sufficiently. We are proactive and identify issues to be addressed immediately to avoid delays.
Contact us to schedule a free immigration consultation today.
Case Types We Handle
Family-Based Immigration Categories
The two family-based immigration categories are immediate relatives and family preference.
The immediate relative category includes any of the following immediate relatives of a U.S. citizen:
- Widows or widowers
- Unmarried children under 21 and adopted children
Immediate relative visas are prioritized. There's no cap or limit to the number of visas issued each year in this category.
The bars to adjustment are also more flexible when it comes to immediate relative visas. This means that factors that otherwise might disqualify an individual from adjusting their status to permanent residence (such as overstaying their visa or engaging in unlawful employment) do not apply.
The family preference category is for extended family members of U.S. citizens, as well as immediate and extended relatives of U.S. permanent residents.
For U.S. citizens, the family preference visa includes:
- Unmarried children aged 21 or over
- Married children
For U.S. permanent residents, the family preference visa includes:
- Unmarried children
K-1 Fiancé Visas
A fiancé(e) visa—or K-1 nonimmigrant visa—allows a U.S. citizen to bring their foreign citizen fiancé to the United States so they can marry. It's a temporary visa, requiring the couple to get married within 90 days of the fiancé entering the United States.
The U.S. citizen is the sponsor of their potential spouse and is the one who files the petition. To apply for a K-1 visa as the sponsor:
- You must be a U.S. citizen, i.e., not a permanent resident or green card holder
- You must intend to get married within 90 days of your fiancé arrival in the United States
- You and your fiancé must be free to marry, i.e., you both must be currently unmarried, cannot be underage, and cannot be related by blood
- You met in person at least once in the two years before filing your petition
- You must demonstrate that you can financially support your fiancé
Immigration authorities must also be satisfied that the marriage is bona fide (genuine). You need to provide supporting documents to show that you and your fiancé intend to set up a shared life together and that you're not marrying for visa purposes alone. Examples of supporting documents include but are not limited to:
- Proof of travel together
- Statements from family and friends
A fiancé visa is a pathway to permanent residency. After your marriage, your spouse can apply for an adjustment of status to obtain a green card.
We also offer help with:
Naturalization: Our attorneys can help eligible clients obtain U.S. citizenship through the naturalization process. We can assist with determining eligibility, preparing the naturalization application, and preparing for the citizenship test and interview.
DACA: We offer legal assistance for individuals who are eligible for Deferred Action for Childhood Arrivals (DACA). Our attorneys can help you with the application process and provide guidance on maintaining your DACA status.
Contact us to schedule a consultation with our immigration team.