Who Qualifies as an Immediate Relative in Alexandria?
Those who may qualify as an immediate relative include the spouse of a U.S. citizen, the unmarried child under the age of 21 years old of a U.S. citizen (including adopted children), and the parents of U.S. citizens (when the U.S. citizen is at least 21 years old). However, the application process for obtaining an immediate relative visa could prove to be challenging. For more information about who qualifies as an immediate relative in Alexandria, schedule a consultation with a knowledgeable attorney today.
Applying in Alexandria
There are two ways an immediate relative applies for permanent residence status. A consideration is if the immediate relative is in the U.S. If they are in the U.S., they are able to submit a form petitioning to be a lawful permanent resident (I-485) at the same time that the U.S. citizen relative submits their petition (I-130). This is called a one-step application.
To complete the one-step application, which is Forms I-130 and I-485, a couple of things have to be met. First, the intending immigrant beneficiary must have been either inspected and admitted into the United States or inspected and paroled to the United States. They also have to be physically present in the United States at the time of filing. The familial relationship between the petitioner and the beneficiary must exist at the time of filing. For instance, if a U.S. citizen is petitioning for their spouse, they would have to have been married at the time of filing.
In addition, if a waiver of any kind is required, it would have to have been submitted to remove any bars to adjustment. After the I-130 and I-485 are filed, the U.S. citizen petitioner and the beneficiary would wait for interview notice or an approval notice of the Form I-130and I-485.
Immediate Relatives Applying Outside of the U.S.
If the immediate relative is outside of the U.S., the petitioner would submit the Form I-130 on behalf of the intending immigrant beneficiary. However, because that person is overseas, the intending immigrant beneficiary would have to wait for Form I-130 to be approved before they continue with the next step, which is consular processing.
Because the beneficiary is abroad, USCIS would contact the National Visa Center and let them know that the Form I-130 was approved. After the National Visa Center (NVC) receives that notification, they contact the U.S. citizen petitioner and the intending immigrant beneficiary and give them instruction on how to submit the DS-260, which is the immigrant visa application. The DS-260 process requires a payment and documents to show eligibility for an immigrant visa and Affidavit of Support.
When is an Interview Scheduled?
Once everything is received by the NVC, an interview is scheduled for the intending immigration beneficiary at a U.S. consulate or embassy in the country that they are located. If there is not an embassy or consulate where they are located, the nearest country is where they would be able to do an interview with a consular officer. After the interview, the beneficiary waits for a decision.
What to do After an Immigrant Visa is Approved
After the immigrant visa is approved, the intending immigrant beneficiary goes to the embassy or consulate to receive their visa. After they receive their visa, they would be able to enter the U.S. as long as they enter the U.S. before the expiration date of that visa, which is typically six months after the interview date.
The intending immigrant beneficiary becomes a lawful permanent resident only after they enter the U.S. While they are abroad, they only have an immigrant visa and are not a lawful permanent resident, which is something that they have to take into account.
How an Attorney Could Help?
When trying to obtain a visa through the help of an immediate relative who is a U.S. citizen, or if you are a U.S. citizen trying to help a relative migrate to the U.S., you may have specific questions regarding who qualifies as an immediate relative in Alexandria. For more insight into these types of questions, or if you require legal assistance, be sure to reach out to an experienced and trusted legal attorney today.