Alien Spouse Visa

The Immigration and Nationality Act (INA) allows a child under the age of twenty-one whose alien parent has married a U.S. citizen abroad to obtain a temporary visa to accompany a parent to the United States. Based on the parent's marriage, the child may apply to adjust his or her status to that of a lawful permanent resident.

As a general matter, aliens abroad who have relatives in the United States may be eligible to obtain lawful permanent residence, but because it can take months or even years for the pertinent paperwork to be processed, these aliens may spend significant time separated from their loved ones while they wait in their home countries for the appropriate visa approval.

Congress sought to fix this problem for the immediate family members of U.S. citizens through the creation, of the spousal non-immigrant visas for alien fiancés of U.S. citizens and visas for alien spouses of U.S. citizens. Congress also provided for visas for the minor children of fiancés and spouses, up to age twenty-one.

Attorney for the Alien Spouse Visa in Shenandoah, TX

If you need help filing for a visa so that minor children can enter the United States, based on a parent's marriage, then contact Luis F. Hess to discuss the case. He represents clients in family-based immigration cases throughout Montgomery County, and Harris County, TX, and in surrounding areas.

After the child's admission to the United States, Luis F. Hess can help the spouse or children of spouses who are non-immigrants file an application for adjustment of status concurrently with or at any time after a petition for an alien relative has been filed by the U.S. citizen petitioner.

Call (281) 205-8540 today.


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The Adjustment of Status for Spouses

Once reunited with their families stateside, aliens with a spousal visa may apply for and, subject to the discretion of the Attorney General, attain lawful permanent residence without leaving the United States. This process called “adjustment of status.” To apply for status adjustment under 8 U.S.C. § 1255(a), an alien must follow three steps:

  1. File an application to adjust status;
  2. Demonstrate eligibility under existing law to adjust status; and
  3. Show that a permanent visa is immediately available.

After the application is filed, the Attorney General has the discretion to grant or deny the application. Additionally, 8 U.S.C. § 1255(d) bars the Attorney General from adjusting a nonimmigrant's status solely on the basis of the K-visa. 

For this reason, an alien admitted to the United States as a spouse or child of a spouse under 8 U.S.C. § 1101(a)(15)(K)(iii) may apply for adjustment of status to that of a permanent resident pursuant to 8 U.S.C. § 1255. The applicant may apply at any time following the approval of an alien relative petition filed on the alien's behalf, by the same citizen who petitioned for the alien's parent's visa status.


This article was last updated on Friday, January 26, 2018.

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