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Payam Yazdani, Attorney at Law

Immigration Lawyer Columbus Ohio

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Immigration Law
 

 

Generally speaking, immigration law is divided into two categories, one for nonimmigrants and one for immigrants.  Nonimmigrants are those persons who are coming to the United States on a temporary basis. The B visa (temporary visitor visa), F-1 visa (students), and J-1 visa (exchange visitors) are three examples of nonimmigrant visas that are for a temporary period.

 

The immigrant category, on the other hand, is for those foreign persons who wish to remain in the United States on a permanent basis.  As such, the immigrant category is also referred to as obtaining “permanent residence,” and the immigrant category also has the nickname of obtaining a "green card." There are two main categories of qualification: family-based and employment-based

 

 

 

 

 

 

 

 

Bringing a Family Member to the United States
 

 

The first step in bringing the family member to the United States as a legal permanent resident, is to file a Petition for Alien Relative with the United States Citizenship and Immigration Services in the United States.  The Petition for Alien Relative establishes that the family member is related to you.  Once the Petition is approved by USCIS, your family member will be placed on a priority list for a green card.  The priority list is like a waiting list.  You can check the visa bulletin to see how long it will take before a visa is available in your case.

 

 

 

Bringing Your Spouse to the United States
 

 

The first step in bringing your spouse to the United States as a legal permanent resident, is to file a Petition for Alien Relative with the United States Citizenship and Immigration Services in the United States.  The Petition for Alien Relative establishes that the family member is related to you.  Once the Petition is filed, you have two options on how to proceed.

 

1.         Option One: Wait for the approval of the Petition for Alien Relative:  After you file the Petition for Alien Relative on behalf of your spouse, you wait for the approval.  Currently, it is taking approximately six months from the time of filing the Petition to the time of approval.  Once the Petition is approved by USCIS, the Petition is transferred to the National Visa Center, which will take an additional two to three months to process the case, and then the case is transferred to a United States Embassy or Consulate in your home country to schedule an interview for your spouse.  The total amount of time from the time that we file the Petition for Alien Relative to the time that your spouse arrives in the United States will be between ten and twelve months.*

 

2.         Option Two: File for the K3 visa: Once the Petition is filed, USCIS will issue a receipt about two weeks after filing.  Once we receive the receipt from USCIS, we then file for the K3 visa for your spouse.  The K3 visa is a visa which permits your spouse to come to the United States and remain in the United States while the Petition for Alien Relative is pending.  After the Petition is approved, your spouse may then file for his or her permanent residency (green card) in the United States.  Currently, it is taking approximately three months from the time we file for the K3 visa to the time of approval.  After the K3 visa is approved, USCIS will transfer the case to the United States Embassy or Consulate in your home country to schedule an interview for your spouse.  The total amount of time from the time we file the Petition for Alien Relative to the time that you spouse arrives in the United States will be between eight and ten months.*

 

In order to demonstrate to USCIS that the relationship of husband and wife is valid, forms and supporting evidence need to be produced.  Documentation becomes critical to prove that a valid marriage relationship exists. 

 

* please note that only approximate processing times are presented. Actual timeframe can vary and may be different in different cases. USCIS is currently processing petitions for alien relatives faster than usual which may result in the cancellation of a petition for a K3 visa in the event the alien relative petition is approved earlier than the petition for the K3 visa. 

 

 

  Payam Yazdani

 

Payam Yazdani, Esq.

175 South Third Street, Suite 1010

Columbus, Ohio 43201

Phone: (614) 961-4414

Fax:     (614) 961-4415

Payam@YazdaniLawFirm.com.com  

 
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Ohio Immigration Lawyer Payam Yazdani

Past Of Counsel at Columbus Immigration Law Firm Bloomfield & Kempf, LLP

Located in Columbus Ohio and representing clients nationwide including Ohio cities such as Columbus, Cleveland, Cincinnati, Dayton, Akron, Toledo, Canton, Dublin, Powell, Hilliard, Westerville, Lewis Center, Gahanna, Grove City, Reynoldsburg, Whitehall, Bexley, and Upper Arlington, and counties such as Franklin County, Delaware County, Cuyahoga County, Hamilton County, and other neighboring Ohio, Michigan, Indiana, Kentucky, West Virginia, and Pennsylvania counties.    Providing immigration services including filing for greencards or permanent residency, citizenship, asylum, work visas, investment visas, student visas, fianc´┐Ż visas, National Visa Center visa processing, appeals, and court representation in deportation & removal proceedings before the Cleveland Immigration Court. Immigration attorneys at our office in Columbus Ohio are experienced in all areas of immigration law.

Contact our office to consult with an immigration lawyer in Columbus Ohio.

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