Austin Immigration Attorney

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Law Office of William Jang, PLLC
314 E Highland Mall Blvd #406
AustinTX  78752
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FBI – Family Based Immigration for Immediate Relatives of US Citizens

Basic Requirements:

Spouses of U.S. Citizens qualify as Immediate Relatives of U.S. Citizens and therefore are in the most preferred category for family based immigration.   In order to qualify, the couple must enter into a legally binding marriage according to the family laws in their jurisdiction.

In addition, the marriage must not be a “sham” marriage.  A “sham” marriage is a marriage entered for the sole purpose of obtaining an immigration benefit.   In order to prove that the couple did not enter into a “sham” marriage, the couple must be (or intending to) live together and join their assets and share in their responsibility for liabilities.

Both couple must also be legally eligible to marry each other.  This means that all prior marriages must have ended by death, annulment, or divorce and the couple must not be closely related to each other prior to marriage.

Spouses Married Less Than Two Years

Conditional Permanent Residents – Removal Condition:

Spouses of U.S. Citizens who have been married less than two years at the time their petition is approved will obtain conditional permanent residence, which will expire in two years.  They must apply for Removal of Condition in order to become unconditional permanent residents.   More information is available on Removal of Condition here.

Family Members of the Immigrating Spouse:

There is no derivative status for immediate family members of U.S. Citizens.  Each family member must also have an immediate family member relationship with the U.S. Citizen to be eligible to apply under the Family Based Immediate Category.  However, a child of the spouse of US Citizen also qualify as immediate family members of the U.S. Citizens as a step child as long as the marriage takes place before that child’s 18th birthday.

Fees:

The following is the attorney’s fee that the Law Office of William Jang, PLLC charges for a typical case of this type when filed in the United States at the US Citizenship and Immigration Services (US CIS) (please read the disclaimer on this page) and the filing fee currently charged by US Citizenship and Immigration Service (US CIS):

  • $2,000.00 attorney’s fees
  • $   420.00 US CIS filing fee for the main petition
  • $ 1,070.00 US CIS filing fee for adjustment of status

Experience:

The Law Office of William Jang, PLLC has extensive experience representing spouses of U.S. Citizens obtain permanent residency (green cards).  Please see a sample of approved cases.

What do we need to get started?

Information and Documents needed for FBI-Spouse

Sample Retainer Agreement

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