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Visas, Green Cards & Waivers - Keeping Families Together

Family-Based Green Card Attorneys in Oakland

Helping You & Your Loved Ones with All Your Immigration Needs

The United States immigration system provides different ways for families to be together. The most common method involves the issuing of a Green Card, which signifies the permanent resident status of a person who is not a U.S. citizen. A Green Card allows a person to obtain a driver’s license, hold a job, and enjoy many other benefits of permanent residence. Getting a Green Card is an important step on the path to citizenship.

A family-based petition is a common method of getting a Green Card. An experienced in Oakland can help you understand how to file a family-based petition for a Green Card for your spouse, parent, child, fiancé, fiancée, sibling, or other loved one.

Help with Family-Based Petitions & Green Cards

At Landerholm Immigration, A.P.C., our attorneys help clients and their families obtain visas and Green Cards by filing family-based petitions.

We can help you if your situation involves:

  • Bringing family over from another country
  • A U.S. citizen who is married to a foreign national and wishes to obtain a Green Card for him or her
  • A U.S. citizen who has turned 21 and wants to file a family-based petition for his or her parents
  • Adjustment of status, which applies to spouses of U.S. citizens and permanent residents
  • Questions about whether you need to return to your home country to process a Green Card
  • I-751 petitions to remove conditions from Green Cards when necessary
  • Waivers for Green Cards when necessary

We also help people obtain fiancé(e) visas, and we handle many other important immigration issues.

About Form I-751 Petition to Remove Conditions on Residence

The I-751 is an application to remove the "conditions" from a person's green card. You must file an I-751 if you received a green card through marriage when you were married less than 2 years. If so, you were likely issued a green card that has a two year expiration date, and you MUST file form I-751 to the United States Citizenship and Immigration Service (USCIS) within the 90 days before it expires.

Why the 2-Year Period?

Congress wanted to put married couples through a testing period to try to catch and reduce the amount of marriage based immigration fraud (couples marrying solely to obtain a green card). So they created a conditional permanent residence, requiring couples to submit evidence of their good faith marriage two years after the granting of their green card.

How to File Form I-751?

When you file the form I-751 during the 90 days before your green card expires, you must base it on one of the following five options:

  1. File it jointly with evidence of good faith marriage.
  2. File it based on a marriage that has terminated but only if it was entered into in good faith.
  3. File it based on abuse (subject to battery or extreme cruelty), but only if the marriage was entered into for good faith.
  4. File it based on extreme hardship.
  5. File it based on the death of your spouse.

Our clients often wonder which of these options is the best. It depends on the facts of your situation, but as a rule of thumb, the first option is usually the best! If you can file it signed jointly with your spouse saying that you married in good faith and that you both are currently married, that is the easiest and the most likely to be approved. Often these get approved without even the need for an additional interview. If that is not a possible option for you though, it will be critical for you to seek the help of an attorney who can explain the best way to proceed.

Reach Out to a Family-Based Immigration Lawyer Today!

If you have are applying for a green card and it involves your fiance, spouse, or loved one, the process may be easier with a knowledgeable immigration lawyer by your side. At Landerholm Immigration, A.P.C. we are backed by years of experience and we are ready to help you. Contact us today to begin a free initial consultation!

Call Landerholm Immigration, A.P.C. today at (510) 756-4468 or contact us online to set up a free evaluation. We proudly serve throughout the Bay Area!

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