Applying for Multiple Family-Preference Categories in Alexandria
When trying to obtain a family-preference immigrant visa, your loved one may be in a situation where they may be able to apply under several categories. Although this may seem unimportant, there is actually a tremendous benefit to applying for multiple family-preference categories in Alexandria. However, before doing so, it is wise to first speak with a trusted immigration attorney.
What are the Various Family-Preference Categories?
When a person applies for a family-preference visa, USCIS will classify a prospective immigrant as either a category one, two, three, or four. Category one relatives are the unmarried adult (over 21 years old) child of U.S. citizens. A relative will classify as a category two relative if they are the spouse of a lawful permanent resident otherwise known as a Green Card holder. They will also classify under this category if they are the minor (under 21 years old) unmarried child of lawful permanent residents and unmarried adult (over 21 years old) of permanent residents.
An applicant will be classified under category three if they are the married children of a U.S. citizen. This does not include the married children of permanent residents. The married children of a permanent resident are not eligible to immigrate. Lastly, an applicant will be classified under category four if they are the siblings of U.S. citizens who are over the age of 21.
Why Should Someone Apply for Multiple Family-Preference Categories
There is no reason not to have multiple I-130s pending at the same time. For instance, if the intending immigrant has a U.S. citizen sibling and that U.S. citizen sibling submitted an I-130 on their behalf, this application may remain pending for a very long time (over 10 years). If suddenly that same prospective immigrant marries a permanent resident, then they can have their permanent resident spouse submit an I-130 on their behalf without affecting the U.S. sibling’s I-130. The I-130 submitted by the lawful permanent resident spouse will be processed faster than the I-130 filed by the sibling because it is given preferential treatment. However, should the marriage fail before the immigrant visa is approved, the sibling petition remains pending uninterrupted.
Are There Any Downsides to Applying for Multiple Categories?
There are no downsides to having an I-130 filed on one’s behalf unless one seeks a non-immigrant visa. Non-immigrant visas require that one not possess immigrant intent and the I-130 may be interpreted negatively. For example, if someone were 21 years or older and had a permanent resident parent applying for them, and they were also submitting an application for a student visa, which is a visa that requires not to have immigrant intent, the filing of Form I-130 may make the consular officer suspicious about the actual intent of the person.
However, if the applicant is able to demonstrate to the consular officer that at this particular time, the person does not possess the intent to immigrate, and that the I-130 is just down the line should the opportunity to immigrate to the United States present itself in the future, then the consular officer can approve that student visa.
What Should Someone Do When they are Eligible for a Higher Preference Category?
If someone is eligible to apply for a higher preference category, then it is advisable to have an I-130 filed on their behalf to make the process go faster. It is important to keep in mind that one I-130 has nothing to do with the other. For example, if an I-130 was filed based upon marriage to a permanent resident, and there was an I-130 filed years ago by a sibling, there is no need to withdraw the I-130 by the sibling because one will not impact the other I-130.
When to Contact an Attorney
If you suspect you may be in a position to apply for multiple family-preference categories in Alexandria, you should take advantage of this opportunity as it can only improve your chances of obtaining legal status. However, it is recommended to get in touch with an immigration attorney before making any decisions regarding a family-preference application.