Family Immigration

Byrd & Associates: Delivering Successful Family Immigration Solutions

The family immigration attorneys at Byrd & Associates specialize in bringing families together. We represent individuals and their family members as they immigrate to the United States from every country in the world. Whether a U.S. citizen bringing a fiancé, spouse, children or parents to live in the U.S., or a permanent resident petitioning their spouse or children, we successfully, smoothly and efficiently help them all reunite.

Fiancé Visa (K-1)

Are you a U.S. citizen who is planning to marry a foreign national? The K-1 visa attorneys at Byrd & Associates can help you bring your fiancé(e) here with ease. We have successfully filed hundreds of fiancé(e) visas for nearly a decade for foreign nationals from most countries across the world. If you are a U.S. citizen and are planning to marry a foreign national, you have the option of bringing your fiancé(e) to the United States on a temporary non-immigrant visa to marry and then apply to permanently live here. You may also apply to bring your fiancé(e)’s unmarried children who are under 21 years of age to the United States on the same visa petition. Unfortunately, legal permanent residents, or “green card” holders, may not apply for their fiancé(e)’s, but must marry and then sponsor their spouses.
Once your fiancé(e) arrives in the United States, you must marry within 90 days and then apply for permanent residency, commonly called the “green card.”

Spousal Visa (K-3)

Are you a U.S. citizen who wants to bring your husband or wife to the U.S. to live with you permanently? The family immigration attorneys at Byrd & Associates specialize in K-3 visa petitions and can help you reunite with your spouse. We have successfully filed hundreds of K-3 visa petitions. The K-3 Visa is a non-immigrant visa for a spouse of a U.S. citizen to come to the US, while his or her immigrant visa petition is still pending. The K-3 visa must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case and to file for permanent residency, commonly called a “green card.” Children of a K-3 can also enter the U.S. with their parent using a K-4.

Immigrant Visa

After successfully obtaining an approved family petition, or Form I-130, certain relatives of a U.S. citizen or a Permanent Resident can file for an immigrant visa. Consular Immigrant Visa Processing (CP) is a procedure that is available to all intending immigrant relatives, no matter where they are located. Through this procedure, the application is made with the relative’s "home" consulate or embassy. A relative's home district is usually defined the place where the relative last lived for at least six months before coming to the United States and where the relative has the unrestricted right to return and remain for at least six months.

While the relative may be anywhere in the world, including the U.S., when the application is initiated, the applicant must attend the final interview, in person, at the consulate. The Department of States uses it's National Visa Center (NVC) to pre-process consular immigrant visa applications before sending the files overseas. NVC processing normally takes approximately one to three months. Once NVC processing is complete, the NVC forwards the relative’s case to the local embassy for processing and an immigrant visa interview.

A consular officer must issue an immigrant visa to a relative who is otherwise eligible. A consular officer may not refuse to issue a visa to an eligible applicant in the exercise of discretion. If a person is found to be ineligible for an immigrant visa, that decision must be made on the basis of hard factual evidence. The relative must be advised of the specific reason and given an opportunity to refute it. Most denials of consular immigrant visa applications are for incomplete documents. In such cases, when the applicant produces the missing documents, the application is approved.

Waivers before CIS or a local Embassy or Consulate

Your relatives immigration process can sometimes be complicated by certain criminal convictions, prior overstays in the U.S. or because of misrepresentation. The immigration attorneys at Byrd & Associates are expert at preparing waivers of unlawful presence, misrepresentation or certain criminal convictions. Having an experienced attorney prepare these waivers is crucial to successfully obtaining such waivers. Don’t wait. Call our office to see how we can help you can help you prepare and file very involved and important waivers.

Contact Us to Start Your Immigration Application

Navigating the immigrant visa process can be confusing, and we encourage you to contact us for a confidential consultation with a family immigration attorney at Byrd & Associates. Please telephone us in our San Jose office at (408) 995-3268, or in our San Francisco office at (415) 362-2285. You can also contact us conveniently online. We will carefully analyze the facts in your case to help your relatives reunite with you in as smooth and timely a manner as possible. Contact us for your successful solution.

Byrd & Associates handles all aspects of family immigration, including:

Tourist Visa (B-2)
Marriage to a U.S. citizen, including representation at Adjustment of Status interviews
Relative and Spouse Petitions (Green Cards)
Fiancé(e) Visa (K-1)
Student Visa (F-1)
Exchange Visitors (J-1)
Adjustment of Status
Consular processing at the National Visa Center and American embassies and consulates overseas
Citizenship
Naturalization, including representation at Naturalization interviews
Petitions for Foreign Orphans
Diversity Visa Lottery
Legal Immigration Family Equity Act (LIFE Act)
Temporary Protected Status (TPS)
Change or Extension of Status