immigration and non-immigration needs

Marriage to US Citizen

Marriage to US Citizen

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Parents of US Citizens

Parents of US Citizens

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Naturalization and Citizenship

Naturalization and Citizenship

learn more

immigration and non-immigration needs

Hyden Zakheim, LLP

Marriage to a US Citizen

Many US Citizens marry foreign nationals. (If you have not yet married, you may consider the fiancé visa, as this may be the more expeditious way of bringing your future spouse to the US.) If you are married, the process to bring your foreign spouse varies greatly depending on where the marriage took place as well as the status and physical location of the foreign spouse at the time of application. The first thing that the couple will need to demonstrate is the validity of the marriage. According to U.S. immigration law, the “validity” of a marriage is determined by the law of the place where the marriage was performed.

Phone number

(925) 831-0636

some options for immigration

Once you are able to substantiate a valid marriage, some options for immigration are the following:

Marriage within the U.S. and the spouse is currently in the US

If your spouse is in the U.S. and had entered this country legally (was inspected through US customs in any status) you may file Petition for Alien Relative and for Adjustment of Status at the same time.

Marriage outside the US and Spouse is abroad

The process commences with the US Citizen filing a Petition for Alien Relative. The processing will commence with USCIS, be transferred to the NVC (National Visa Center) and then move to Consular Processing abroad. Depending on time lines, you may want to file a K-3 visa so that you foreign spouse may arrive in the US sooner than later.
*** If you are not yet married, please discuss Fiancé Visas with an attorney. This may be a more advantageous process over a marital visa.
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Parents of US Citizens

Parents of US Citizens are considered immediate family and therefore are not subject to any of the limitations and caps on immigration. In other words, a US Citizen may opt to bring his or her immediate family to the US at any time. The Citizen (must be an adult) commences the process by filing a petition to bring his/her foreign national parents to the US. The process differs depending on the location of the parents at the time of petition filing. If the parent is eligible for a “Green Card”, is in the US and had entered the US legally (inspected by an immigration officer at customs) the request for Adjustment of Status can be filed contemporaneously with the Petition for Alien Relative. If the relative is abroad, once the petition is approved, the process continues through the NVC (National Visa Center) and then on the consulate or embassy abroad.

Phone number

(925) 831-0636

Hyden Zakheim, LLP

Naturalization & Citizenship

So, you would like to become a US Citizen? Congratulations! There are several options for immigrants to become naturalized citizens. The following are the two most common categories.

Phone number

(925) 831-0636

Most people will be eligible for naturalization after 60 months of US residency, or, to be more specific, on the 5th anniversary of their “green card” issue date. However, the 60 month residency rule has some strict provisions including:

  • You must have continuous residency without leaving the country for more than 6 months at a time
  • You must have been present in the US for a total of 30 of the 60 months
  • You must have good moral character (this generally deals with any criminal actions against you) and
  • You must pass the English and civics examination (unless you are exempt)

if you have been married to a US Citizen, you may be eligible for naturalization after only three years rather than five. The rules are similar to those above but based on the 36 month requirement:

  • You must have continuous residency without leaving the country for more than 6 months at a time
  • You must have been present in the US for a total of 18 of the 36 months
  • You must have good moral character (this generally deals with any criminal actions against you)
  • You must pass the English and civics examination (unless exempt)