Legalizing an Immediate Family Member’s Stay in Alexandria

When trying to legalize an immediate family member’s stay in Alexandria, it is important to do so with the help of a seasoned immigration attorney. A lawyer who has experience helping families with these cases could leverage their knowledge in a way which you and your family could benefit from. In addition, an attorney could provide you with valuable guidance in regards to what applications you may be required to fill out and what documentation you should have ready to present. For more information, schedule a consultation today.

How to Legalize a Family Member’s Stay After a Visit

Family members looking to legalize their stay upon visiting the U.S. should complete Form I-130. It is possible that immigration fraud would be presumed if the basis of the beneficiary’s entry was something other than adjustment.  If fraud is suspected, the beneficiary may have to submit a waiver for approval of the Form I-485 application.

Upon trying to legalize a stay in the U.S., a person should first consider what their current legal status is and their relationship with the intending immigrant beneficiary. They should then consider the what status the intending immigrant currently has. For example, if the petitioner is a U.S. citizen and the beneficiary is their brother who entered as a tourist, they may not be able to stay and obtain a Green Card. However, if the beneficiary brother changes their status from tourist to student, the beneficiary may be allowed to stay in the U.S. while they wait for their Green Card during the time that they are a student.

Role of the Length of Time a Beneficiary Would Like to Stay in the U.S.

It is always important to consider why the family member wants to remain in the U.S. Do they want to reside here permanently or do they want to just extend their stay and be here for a couple months? If they just want to extend their temporary stay, they could file the Form I-539, which would allow their family member to stay in the U.S. for an additional period of time after the expiration of their current period of stay.

Potential Grounds of Inadmissibility

Some roadblocks that a family may face when legalizing the stay of an immediate relative are entering without inspection, having previous violations of immigration laws, having any prior removal orders, being previously removed, or facing grounds of inadmissibility. Examples of grounds of inadmissibility may include matter concerning:

  • Criminal history
  • Medical history
  • Immigration status
  • Security concerns

Obtaining Permanent Resident Status

The time it takes for an immediate relative to obtain permanent resident status varies based on the family relationship and the field office or service center where the application would be processed. For example, the Washington, D.C. area is currently adjudicating cases that were submitted on January 1, 2017.

The process for legalizing an immediate family member’s stay in Alexandria may depend may also depend on the following factors:

  • Processing time for the service center that receives the Form I-130
  • How quickly USCIS sends the approved I-130 to the National Visa Center
  • How quickly the intending immigrant submits any required documents applications and pays fees
  • How quickly the beneficiary enters the U.S. to receive a Green Card.
  • How long it takes for the scheduling of the interview for that family member at the U.S. Embassy or Consulate

Avoiding a Family Member’s Denial of a Visa

Precautions a person can take to ensure their family’s visa would not be denied ensuring is that the information is accurate for the petitioner and beneficiary. For example, if a person is petitioning for a spouse, they must make sure that the family relationship exists at the time of the filing of the petition and that prior spouses and children are disclosed.

A person should also submit any documentation or evidence that is requested by USCIS and/or the National Visa Center such as a marriage certificate, birth certificate, any medical documentation, any pictures, and any documents they request. If the documents requested are in a foreign language, the petitioner and beneficiary must make sure that it is accompanied by a certified English translation that allows USCIS to continue the application process.

Get in Touch with a Lawyer Today

If you are trying to help a family member extend their stay in the United States, it may be worthwhile to reach out to an attorney for professional legal help. A lawyer could guide you through the application process and advise you on what applications to fill out and what information you should have ready to submit. For more questions on legalizing and immediate family member’s stay in Alexandria, contact an attorney and schedule a consultation today.

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